Proposing rule making related to banning of pornographic materials within department institutions and providing an opportunity for public comment
The Corrections Department hereby proposes to amend Chapter 20, “Institutions Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 904.108 and 2018 Iowa Acts, House File 2492, section 21.State or Federal Law Implemented This rule making implements, in whole or in part, 2018 Iowa Acts, House File 2492, section 21.Purpose and Summary Section 21 of 2018 Iowa Acts, House File 2492, prohibits funds appropriated to the Department or other funds made available to the Department from being used to distribute or make available any commercially published information or material to an inmate when such information or material is sexually explicit or features nudity. The Department is required to adopt rules pursuant to Iowa Code chapter 17A to administer the section.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers The Department does not have the authority to waive requirements established by statute. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Michael Savala, General CounselDepartment of Corrections Jessie Parker Building510 East 12th StreetDes Moines, Iowa 50319Phone: 515.725.5701Email: michael.savala@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: August 21, 2018Boardroom11 a.m. to 1 p.m.Jessie Parker Building510 East 12th StreetDes Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Adopt the following new definitions of “Commercially published information or material,” “Features,” “Nudity,” “Publication” and “Sexually explicit” in rule 201—20.2(904): "Commercially published information or material" means any book, booklet, pamphlet, magazine, periodical, newsletter, photograph or other pictorial depiction, or similar document, including stationery and greeting cards, published by any individual, organization, company, or corporation, which is distributed or made available through any means or media for commercial purposes. This definition includes any portion extracted, photocopied, or clipped from such items. "Features" means that the publication contains depictions of nudity or sexually explicit conduct on a routine or regular basis or promotes itself based upon such depictions in the case of individual one-time issues. Publications containing nudity illustrative of medical, educational, or anthropological content may be excluded from this definition. "Nudity" means a pictorial depiction where genitalia or female breasts are exposed. When the pictorial depiction of the female breast displays the areola or nipple, this material will be rejected. "Publication" means a book, booklet, pamphlet, or similar document, or a single issue of a magazine, periodical, newsletter, newspaper, plus such other materials addressed to a specific incarcerated individual, such as advertising brochures, flyers, and catalogs. "Sexually explicit" means a pictorial depiction of actual or simulated sexual acts including sexual intercourse, oral sex, or masturbation. Sexually explicit material does not include material of a news or information type. Publications concerning research or opinions on sexual, health, or reproductive issues should be admitted unless the publications are otherwise a threat to legitimate institutional interests. ITEM 2. Amend rule 201—20.6(904) as follows:201—20.6(904) Publications. 20.6(1) The institution shall allow incarcerated individuals access to publications when doing so is consistent with institutional goals of maintaining internal order, safety, security, and rehabilitation.Publications are additionally governed by the provisions of department of corrections policy OP-MTV-02. 20.6(2) Publications include any periodical, newspaper, book, pamphlet, magazine, newsletter, or similar material published by any individual, organization, company, or corporation, and made available for a commercial purpose. All publications shall be unused and sent directly from an approved publisher or bookstore which does mail order business. Any exceptions must be authorized by the warden. No publication will be denied solely on the basis of its appeal to a particular ethnic, racial, religious, or political group. The quantity of printed materials, as with other personal property, will be controlled for safety and security reasons. 20.6(3) All publications not on the approved list shall be reviewed by a publication review committee for approval,or denial, or control of the publication. a. The committee shall be appointed by the director or designee, department of corrections, and shall include a: (1) Aperson with broad exposure to various publications.and two (2) Tworepresentatives of correctional operations. b. The committee shall fairly review all types of publications to be received by incarcerated individuals in accordance with these rules. 20.6(4) The following procedures shall be used when a publication not on the approved list is reviewed: a. The committee shall approve,or deny, or control publications within 30 working days of receipt of the publication. b. When a publication is denied or controlled, the committee shall send the incarcerated individual a written notice stating the publication involved, the reason for denial or control, and the incarcerated individual’s available appeal process. c. The incarcerated individual shall have fiveten days from receipt of the notice of denial or control to notify the designated institution staff to destroy the publication, to specify where to send the publication at the incarcerated individual’s expense, or to notify the institution that the decision is being appealed. d. A list of approved publications shall be maintained. 20.6(5) A publication may be denied when the publication presents a danger to the security or order of an institution or is inconsistent with rehabilitation goals. Authorized reasons for denying a publication are that the publication: a. Is likely to be disruptive or produce violence. b. Contains material which portrays or simulates a minor (any person 17 years of age or younger) engaged in or simulating any act that is sexual in nature. c. Contains hard-core pornography depicting patently offensive representations of oral, anal, or vaginal intercourse, actual or simulated, involving humans, or depicting patently offensive representations of masturbation, excretory functions, or bestiality, or lewd exhibition of the genitals, which the average adult taking the material as a whole in applying statewide contemporary community standards would find appeals to the prurient interest; and which material, taken as a whole, lacks serious literary, scientific, political, or artistic value as prohibited by Iowa Code section 728.4or material which is sexually explicit or features nudity. d. Contains information relating to escapes or formulating escape plans. e. Contains information relating to provoking a riot or disturbance. f. Contains information relating to obtaining an emotional or behavioral state comparable to those produced by a controlled substance, by using aerosols, glue, or other chemical materials. g. Contains materials which illustrate, explain, describe, or teach martial arts, or other manufacture of weapons or explosives, or advocate behavior contrary to duly established institution rules or Iowa statutes. Contains materials which illustrate, explain, describe, or teach ability to frustrate crowd or riot control methods. Contains materials which illustrate, explain, describe, or teach ability to sabotage or disrupt communications networks, including a prison’s internal and external communications and automated information systems. h. Contains information concerning criminal activities. i. Contains encoded material. This shall not automatically include foreign language publications not otherwise prohibited in these rules. j. May violate postal regulations, such as threats, blackmail, contraband, or similar violations. k. Is a pamphlet, catalog, or other publication whose purpose is primarily or significantly to sell items or materials that are expressly prohibited inside any of the department institutions. The warden can make exceptions for materials that serve reentry efforts. 20.6(6) Portrayal or simulation of fellatio, cunnilingus, masturbation, ejaculation, sexual intercourse, male erection, bestiality, sadomasochism, excretory functions, lewd exhibition of genitals, or other sexually explicit materials will be denied to incarcerated individuals when the material is inconsistent with rehabilitation goals. 20.6(7) Publications which contain material portraying or simulating fellatio, cunnilingus, masturbation, ejaculation, sexual intercourse or male erection and are not approved or denied by the review committee will be controlled for the security and order of the institution and to assist in enabling its control from those incarcerated individuals denied access by 20.6(6) above. Institutional procedures shall be established for the incarcerated individual to reserve time in a designated controlled area and obtain the controlled publication for reading during specified times. The controlled publication will be secured until the incarcerated individual makes arrangements for further review of the controlled publication. An incarcerated individual may have secured no more than ten publications at any given time, none of which are over three months old from publication date or receipt, and any that are in excess of the ten limit or over three months old must be sent out of the institution at the incarcerated individual’s expense, destroyed, or taken with the incarcerated individual upon release. 20.6(8) An incarcerated individual may appeal the committee’s decision or the denial of a publication because the publication is inconsistent with rehabilitation goals within ten days of receipt of the decision by filing a written appeal and sending it to Office of Inspector General, Department of Corrections, 510 East 12th Street, Des Moines, Iowa 50319. The inspector general’s decision shall be final.ARC 3927CEnvironmental Protection Commission[567]Notice of TerminationTerminating rule making related to fee amounts and adjustment process
The Environmental Protection Commission hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on February 14, 2018, as ARC 3622C, proposing to amend Chapter 30, “Fees,” Iowa Administrative Code. Legal Authority for Rule Making The above-mentioned rule making is terminated under the authority provided in Iowa Code sections 17A.4(1)“b” and 455B.133C.Purpose and Summary The Notice of Intended Action proposed to amend existing rules to increase the fee and dollar cap for asbestos notifications, to rescind an exemption to the asbestos notification fee to address confusion about whether a fee is required, and to provide a process for the Department of Natural Resources (Department) to request that the Commission adjust fees at any time during a fiscal year if the Department determines that established fees are projected to be insufficient to maintain all or part of any air quality program that is subject to fees specified in Chapter 30. Reason for Termination The Commission received comments during the public comment period that will require additional time to evaluate and discuss with stakeholders. The Department, on behalf of the Commission, will meet with stakeholders to discuss a revised proposal. However, the Commission must terminate the rule making because the Department will not be able to confer with stakeholders before the statutory 180-day deadline to adopt a rule making established under Iowa Code section 17A.4(1)“b.”Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
ARC 3907CHuman Services Department[441]Notice of Intended ActionProposing rule making related to administrative disqualification hearing and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 7, “Appeals and Hearings,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 217.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 217.6 and 7 CFR 273.16(f).Purpose and Summary Federal regulations give states the option of establishing procedures to allow individuals accused of an intentional Food Assistance Program violation to waive their right to an administrative disqualification hearing. With the recommendation of the USDA Food and Nutrition Service (FNS), the Department has decided to take advantage of this option. The Department is responsible for investigating any case of alleged intentional program violation. The Department will notify a food assistance household when a member of that household has been charged with intentionally violating Food Assistance Program rules. Currently, the Department’s only options to ensure appropriate cases are acted upon are through an administrative disqualification hearing or through criminal prosecution by a court of an appropriate jurisdiction. The proposed amendments give household members who are suspected of an intentional program violation an opportunity to waive their right to an administrative disqualification hearing if they so choose. Form 470-5530, Waiver of Right to an Administrative Disqualification Hearing, has been developed for this purpose. If the household member chooses to sign the form, the member will be disqualified from participating in the Food Assistance Program for a specified time and agrees to repay any overpayment associated with the violation. No administrative disqualification hearing will be held. The same disqualification penalty will be imposed if the individual chooses to give up the administrative disqualification hearing and signs the waiver form or if the individual participates in the hearing and is found guilty by an administrative law judge. No further administrative appeal procedure exists after an individual waives the individual’s right to an administrative disqualification hearing and a disqualification penalty has been imposed.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making 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 441—1.8(17A,217). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover State Office Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319-0114Email: policyanalysis@dhs.state.ia.us.Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Adopt the following new paragraph 7.8(6)"f": f. An individual has waived the individual’s right to an administrative disqualification hearing, agreed to repay any overpayment and agreed to be disqualified from the food assistance program for the period specified by signing and returning Form 470-5530, Waiver of Right to an Administrative Disqualification Hearing. ITEM 2. Amend paragraph 7.10(3)"b" as follows: b. The appeals of those appellants who are denied a hearing shall not be closed until issuance of a letter to the appellant and the appellant’s representative, advising of the denial of hearing and the basis upon which that denial is made. Any appellant thatwho disagrees with a denial of hearing may present additional information relative to the reason for denial and request reconsideration by the appeals section or a hearing over the denialwithin 30 calendar days of the date on the denial letter. ITEM 3. Amend subrule 7.16(9) as follows: 7.16(9) Opportunity for oral presentation of appeal of the proposed decision. In cases where there is an appeal of a proposed decision, each party shall be afforded an opportunity to present oral arguments with the consent of the director. Any party wishing oral argument shall specifically request it. Whenoral argument is granted, all parties shall be notified of the time and place. ITEM 4. Amend paragraph 7.16(10)"a" as follows: a. A final decision on the appeal shall be issued within the following time frames: (1) Appeals for all programs, except food assistanceand intentional program violations, shall be rendered within 90 days from the date of the appeal. (2) Food assistance-only decisions shall be rendered within 60 days. (3) PROMISE JOBS displacement grievance decisions shall be rendered within 90 days from the date the displacement grievance was filed with the PROMISE JOBS contractee. (4) Intentional program violation decisions shall be rendered within 90 days of the date the individual is notified in writing that a hearing initiated by the department has been scheduled. If the hearing was postponed pursuant to paragraph 7.21(3)“b,” the 90-day period for notifying the individual of the final decision shall be extended for as many days as the hearing is postponed. ITEM 5. Amend rule 441—7.21(17A) as follows:441—7.21(17A) Food assistance hearings and appeals. 7.21(1) Appeal hearings. All appeal hearings in the food assistance program shall be conducted in accordance with 7 CFR 273.15. 7.21(2) Food assistance administrative disqualification hearings. All food assistance administrative disqualification hearings shall be conducted in accordance with 7 CFR 273.16. 7.21(3) Waiver of right to an administrative disqualification hearing. Individuals accused of an intentional program violation may waive their right to a food assistance administrative disqualification hearing. a. When a case is referred for an administrative disqualification hearing, the appeals section shall advise the individual that the individual may waive the individual’s right to an administrative disqualification hearing by signing and returning Form 470-5530, Waiver of Right to an Administrative Disqualification Hearing. b. By signing the waiver, the individual gives up the right to an administrative disqualification hearing, agrees to repay any overpayment and agrees to be disqualified from the food assistance program for the period specified. c. If the individual does not sign and return Form 470-5530, Waiver of Right to an Administrative Disqualification Hearing, within ten days of the date of the written notification, an administrative disqualification hearing shall be initiated. d. Even after the administrative disqualification hearing is scheduled, the individual may sign and return Form 470-5530, Waiver of Right to an Administrative Disqualification Hearing, prior to or during the administrative disqualification hearing. The presiding officer shall dismiss the administrative disqualification hearing since the individual has agreed to repay any overpayment and agreed to be disqualified from the food assistance program. e. The signed waiver shall carry the same penalties as the penalties for an individual found guilty in an administrative disqualification hearing. f. No further administrative appeal procedure exists after an individual waives the individual’s right to an administrative disqualification hearing and a disqualification penalty has been imposed. The disqualification penalty shall not be changed by a subsequent fair hearing decision. The individual is entitled to seek relief in a court having appropriate jurisdiction. The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy. 7.(3) 7.21(4) Conduct of a food assistance administrative disqualification hearing. Hearings over disqualification of a household member for an intentional program violation shall be conducted by a presiding officer. a. The department of inspections and appeals shall serve an Intentional Program Violation Hearing Notice upon the household member by first-class mail, postage prepaid, addressed to household member at the last-known address 30 calendar days before the initial hearing date. b. The household member or that person’s representative may request to postpone the hearing for up to 30 days, provided the request is made at least 10 calendar days before the scheduled hearing date. c. At the hearing, the presiding officer shall advise the household member or that person’s representative that the household member has the right to refuse to answer questions during the hearing and that the state or federal government may use the information in a civil or criminal action. 7.(4) 7.21(5) Consolidating hearings. Appeal hearings and food assistance administrative disqualification hearings may be consolidated if the issues arise out of the same or related circumstances, and the household member has been provided with notice of the consolidation by the department of inspections and appeals. a. If the hearings are combined, the time frames for conducting a food assistance administrative disqualification hearing shall apply. b. If the hearings are combined for the purpose of setting the amount of the overpayment at the same time as determining whether or not an intentional program violation has occurred, the household shall lose its right to a subsequent hearing on the amount of the overpayment. 7.(5) 7.21(6) Attendance at hearing. The household member shall be allowed ten days from the scheduled hearing to present reasons indicating good cause for not attending the hearing. a. The appeals section shall certify the motion to vacate to the department of inspections and appeals for the presiding officer to review the motion, hold any additional proceedings, as appropriate, and determine if good cause exists for the default as specified in subrule 7.13(5). Timely filed motions to vacate shall be granted only for good cause shown. The burden of proof as to good cause is on the moving party. b. Unless good cause is determined, when the household member or that person’s representative cannot be located or fails to appear at the scheduled hearing, the hearing shall be conducted without that person. In that instance, the presiding officer shall consider the evidence and determine if the evidence is clear and convincing that an intentional program violation was committed. c. If the household member who failed to appear at the hearing is found to have committed an intentional program violation, but the presiding officer later determines that this person or the person’s representative had good cause for not appearing, the previous hearing decision shall no longer be valid. A new hearing shall be conducted. d. When good cause for failure to appear is based upon a showing of nonreceipt of the hearing notice, the household member has 30 days after the date of the proposed decision to claim good cause for failure to appear. e. “Good cause” for purposes of this rule is defined as an emergency circumstance that is beyond the control of the party and that prevents the party from being able to participate in the hearing. (1) Examples of good cause include, but are not limited to: 1. Sudden, severe illness or accident involving the party or the party’s immediate family (spouse, partner, children, parents, sibling). 2. Death or serious illness in the party’s immediate family. 3. Other circumstances evidencing an emergency situation which was beyond the party’s control and was not reasonably foreseeable. (2) Examples of circumstances that do not constitute good cause include, but are not limited to: 1. A lost or misplaced notice of hearing. 2. Confusion as to the date and time for the hearing. 3. Failure to follow the directions on the notice of hearing. 4. Oversleeping. 5. Other acts demonstrating a lack of due care by the party. 7.(6) 7.21(7) Food assistance administrative disqualification hearing decisions. The presiding officer shall base the determination of an intentional program violation on clear and convincing evidence that demonstrates the person committed, and intended to commit, an intentional program violation. a. The proposed and final hearing decisions shall be made in accordance with rule 441—7.16(17A) unless otherwise specified. b. The appeals section shall notify the household member and the local office of the final decision within 90 days of the date the household member is notified in writing that the hearing has been scheduled. If the hearing was postponed pursuant to subrule 7.21(3), paragraph “b,”7.21(4)“b,” the 90 days90-day period for notifying the household member of the final decision shall be extended for as many days as the hearing is postponed. c. The department shall take no action to disqualify a person from receiving food assistance before receiving the final appeal decision finding that the person has committed an intentional program violation. d. No further administrative appeal procedure shall exist after the final decision is issued. The determination of an intentional program violation shall not be reversed by a subsequent hearing decision. However, the person may appeal the case to the Iowa district court. e. When a court decision reverses a determination of an intentional program violation, the appeals section shall notify the local office of the specifics of the court decision.ARC 3911CHuman Services Department[441]Notice of Intended ActionProposing rule making related to reimbursement for targeted case management and case management and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4 and 2018 Iowa Acts, Senate File 2418, section 132.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4 and 2018 Iowa Acts, Senate File 2418, section 132.Purpose and Summary These proposed amendments rescind rule language regarding fee for service with cost settlement for targeted case management (TCM). The amendments also revise the existing fee schedules for TCM and case management (CM) under the home- and community-based services waiver and habilitation programs. TCM and CM provider agencies will no longer be required to submit an annual cost report. These amendments will allow the Department to standardize rates for TCM and CM provider agencies. These rates will apply only to members who are enrolled in Medicaid as fee for service.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making 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 441—1.8(17A,217). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover State Office Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319-0114Email: policyanalysis@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Rescind and reserve paragraph 79.1(1)"d". ITEM 2. Amend subrule 79.1(2), provider categories “HCBS waiver service providers,” “Home- and community-based habilitation services” and “Targeted case management providers,” as follows: Provider category Basis of reimbursement Upper limit HCBS waiver service providers,including:Except as noted, limits apply to all waivers that cover the named provider.1. to 16. No change.17. Case managementFee for service with cost settlement. See 79.1(1)“d”Fee scheduleFor brain injury and elderly waivers: Retrospective cost-settled rate.Fee schedule in effect 7/1/18.18. to 35. No change. Home- and community-basedhabilitation services:1. Case managementFee schedule.See 79.1(24)“d”Retrospective cost-settled rate.Fee schedule in effect 7/1/18.2. to 5. No change. Targeted case managementprovidersFee for service with cost settlement. See 79.1(1)“d.”Fee scheduleRetrospective cost-settled rate.Fee schedule in effect 7/1/18. ITEM 3. Amend subrule 79.1(24) as follows: 79.1(24) Reimbursement for home- and community-based habilitation services. Reimbursement for case management, job development, and employer development services provided prior to July 1, 2013, is based on a fee schedule developed using the methodology described in paragraph 79.1(1)“d.” Reimbursement for home-based habilitation, day habilitation, prevocational habilitation, enhanced job search and supports to maintain employment services provided prior to July 1, 2013, is based on a retrospective cost-related rate calculated using the methodology in paragraphs 79.1(24)“b” and “c.” Reimbursement for all home- and community-based habilitation services provided on or after July 1, 2013January 1, 2016, shall be as provided in paragraph 79.1(24)“d.” All rates are subject to the upper limits established in subrule 79.1(2). a. Units of service. (1) A unit of case management is 15 minutes. (2) A unit of home-based habilitation is a 15-minute unit (for up to 31 units per day) or one day (for 8 or more hours per day), based on the average hours of service provided during a 24-hour period as an average over a calendar month. Reimbursement for services shall not exceed the upper limit for daily home-based habilitation services set in 79.1(2).- The daily unit of service shall be used when a member receives services for 8 or more hours provided during a 24-hour period as an average over a calendar month. The 15-minute unit shall be used when the member receives services for 1 to 31 15-minute units provided during a 24-hour period as an average over a calendar month.
- The member’s comprehensive service plan must identify and reflect the need for the amount of supervision and skills training requested. The provider’s documentation must support the number of direct support hours identified in the comprehensive service plan.
Proposing rule making related to home health agency reimbursement and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4 and 2018 Iowa Acts, Senate File 2418, section 39.Purpose and Summary This proposed amendment adjusts home health agency (HH) low utilization payment adjustment (LUPA) rates to reflect approximately $1 million of additional state appropriations for reimbursement in accordance with 2018 Iowa Acts, Senate File 2418, section 39. This amendment will increase home health agency provider rates.Fiscal Impact This rule making has a fiscal impact to the State of Iowa of $100,000 annually or $500,000 over five years. This change was authorized in 2018 Iowa Acts, Senate File 2418, section 39: home health reimbursement adjustment to approximate an increase of $1 million in state dollars. The legislation indicates a July 1, 2018, effective date. The additional cost to the State is budget-neutral since Senate File 2418 provides an appropriation for this change. The increase will apply to both fee-for-service and managed care units. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making 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 441—1.8(17A,217). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Harry Rossander Bureau of Policy Coordination Department of Human Services Hoover State Office Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319-0114Email: policyanalysis@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend subrule 79.1(2), provider category “Home health agencies,” as follows: Provider category Basis of reimbursement Upper limit Home health agencies1. Skilled nursing, physical therapy, occupational therapy, speech therapy, home health aide, and medical social services; home health care for maternity patients and children Fee schedule. See 79.1(26). For members living in a nursing facility, see 441—paragraph 81.6(11)“r.” Effective 7/1/167/1/18: Medicare LUPA rates in effect on 6/30/166/30/18 plus a 2.933% increase. 2. and 3. No change. ARC 3923CHuman Services Department[441]Notice of Intended ActionProposing rule making related to inpatient hospital readmission policy and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary This proposed amendment revises the current inpatient hospital 30-day readmission policy to exclude readmissions that are planned for repetitive or staged treatments and to clarify that the policy does not apply to critical access hospitals. This amendment will more closely align with federal Medicare standards and policies and will result in lower cost savings to the Medical Assistance Program as compared to cost savings under the current readmission policy. The change in policy will result in a smaller number of inpatient hospital readmissions for the same condition based on the exclusion of planned readmissions for repetitive or staged treatments.Fiscal Impact This rule making has a fiscal impact to the State of Iowa of $100,000 annually or $500,000 over five years. This amendment applies to fee-for-service reimbursement only and does not apply to managed care organizations. Criteria were established to isolate claims that will be impacted by this rule making. Claims were then pulled with paid dates between July 1, 2016, and June 30, 2017. Forty of those claims met the established criteria. The federal match rate is assumed to be 68.25 percent based on the estimated blend between regular Medicaid and Iowa Health and Wellness Plan inpatient claims. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making 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 441—1.8(17A,217). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover State Office Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319-0114Email: policyanalysis@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend subparagraph 79.1(5)"g" as follows: (5) Inpatient readmissions within 30 days for same condition. Effective for dates of service on or after July 1, 2015, when an inpatient is discharged or transferred from an acute care hospital and is readmitted as an inpatient to the same hospital within 30 days for the same condition, any claim for the subsequent inpatient stay shall be combined with the claim for the original inpatient stay and payment shall be under a single DRG for both stays.The readmission policy does not apply to the following: 1. Scheduled readmissions that are part of repetitive or periodic treatments; and 2. Critical access hospitals.ARC 3906CHuman Services Department[441]Notice of Intended ActionProposing rule making related to pharmacy copayment and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4 and 2018 Iowa Acts, Senate File 2418, section 129.Purpose and Summary This proposed amendment makes the pharmacy copayment a flat copayment of $1 per prescription or refill. Consistent with federal regulations and state legislative requirement, the copayment will no longer be based on the preferred or nonpreferred status of the drug on the preferred drug list (PDL). This amendment is technical in nature because this copayment policy of $1 per prescription or refill has been in place to implement the federal final rule (CMS-2334-F) requirement. The copayment requirement provides that a nonpreferred drug copay must be limited to the amount of a preferred drug copay when the nonpreferred drug is deemed medically necessary by the prescribing provider. Since implementation of this final rule, all Medicaid drug copayments are the preferred amount of $1, because a Medicaid member would not get a nonpreferred drug unless the drug was medically necessary.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making 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 441—1.8(17A,217). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinatorDepartment of Human Services Hoover State Office Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319-0114Email: policyanalysis@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend paragraph 79.1(13)"a" as follows: a. The member shall pay a copaymentof $1 for each covered prescription or refill of any covered drug.as follows: (1) One dollar for generic drugs and preferred brand-name drugs. Any brand-name drug that is not subject to prior approval based on nonpreferred status on the preferred drug list published by the department pursuant to Iowa Code section 249A.20A shall be treated as a preferred brand-name drug. (2) Rescinded IAB 7/6/05, effective 7/1/05. (3) One dollar for nonpreferred brand-name drugs for which the cost to the state is less than $25. (4) Two dollars for nonpreferred brand-name drugs for which the cost to the state is $25.01 to $50. (5) Three dollars for nonpreferred brand-name drugs for which the cost to the state is $50.01 or more. (6) For the purpose of this paragraph, the cost to the state is determined without regard to federal financial participation in the Medicaid program or to any rebates received.ARC 3908CHuman Services Department[441]Notice of Intended ActionProposing rule making related to care of young persons with complex medical conditions and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 81, “Nursing Facilities,” and Chapter 82, “Intermediate Care Facilities for Persons with an Intellectual Disability,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary Currently, Iowa does not have an appropriate system of care for young adults with complex medical conditions. This has resulted in inappropriate nursing home placements and could force Medicaid members to seek services outside the state of Iowa. Current rules are limited to residents who are 21 years of age and under. These proposed amendments will expand the special population nursing facility criteria to include persons residing in an intermediate care facility for persons with medical complexity up to age 30. The amendments will increase the number of qualified providers available to meet the needs of young adults with complex medical conditions.Fiscal Impact This rule making has a fiscal impact to the State of Iowa. This rule making has a fiscal impact of $100,000 annually or $500,000 over five years. The fiscal impact statement for specific assumptions and description of how estimates were derived may be obtained by contacting the Department.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making 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 441—1.8(17A,217). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Harry RossanderBureau of Policy CoordinationDepartment of Human Services Hoover State Office Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319-0114Email: policyanalysis@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 441—81.1(249A), definition of “Special population nursing facility,” as follows: "Special population nursing facility" refers to a nursing facility that serves the following populations:- One hundred percent of the residents served are aged 2130 and under and require the skilled level of care.
- Seventy percent of the residents served require the skilled level of care for neurological disorders.
- One hundred percent of the residents require care from a facility licensed by the department of inspections and appeals as an intermediate care facility for persons with mental illness.
- One hundred percent of the residents require care from a facility licensed by the department of inspections and appeals as an intermediate care facility for persons with medical complexity.
Proposing rule making related to providers of family planning services and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 87, “Family Planning Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 217.6 and section 217.41B as amended by 2018 Iowa Acts, Senate File 2418, section 83.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 217.6 and section 217.41B as amended by 2018 Iowa Acts, Senate File 2418, section 83.Purpose and Summary These proposed amendments are in relation to a legislatively mandated change regarding distribution of funds and participating providers of the Family Planning Program (FPP). Providers of family planning services will change to include a nonpublic entity that is a distinct location of a nonprofit health care delivery system, if the distinct location provides family planning services but does not perform abortions or maintain or operate as a facility where abortions are performed. FPP members may be affected by these amendments because the provider network may expand. Additional providers will be eligible to participate in the FPP. Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—1.8(17A,217). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Harry Rossander Bureau of Policy Coordination Department of Human Services Hoover State Office Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319-0114Email: policyanalysis@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 87.7(1) as follows: 87.7(1) Distribution of funds. Distribution of family planning services program funds shall be made to eligible, approved, and participating family planning providers subject to rule 441—87.11(217). Eligible family planning providers shall not include any provider that performs abortions or that maintains or operates a facility where abortions are performed and must attest to this fact.Effective July 1, 2018, eligible family planning providers shall be interpreted to include a distinct location of a nonprofit health care delivery system, if the distinct location provides family planning services but does not perform abortions or maintain or operate as a facility where abortions are performed. For the purposes of this subrule, “nonprofit health care delivery system” means an Iowa nonprofit corporation that controls, directly or indirectly, a regional health care network consisting of hospital facilities and various ambulatory and clinic locations that provide a range of primary, secondary, and tertiary inpatient, outpatient, and physician services. For the purposes of this subrule, “abortion” does not include any of the following: a. The treatment of a woman for a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death. b. The treatment of a woman for a spontaneous abortion, commonly known as a miscarriage, when not all of the products of human conception are expelled. ITEM 2. Amend subrule 87.11(1) as follows: 87.11(1) Providers must be enrolled with the Iowa Medicaid program, subject to rule 441—79.14(249A), and otherwise qualified to provide family planning services under Medicaid, subject to the limitations related to abortions, as specified above under subrule 87.7(1).Effective July 1, 2018, as a condition of eligibility as a provider under the family planning services program, each distinct location of a nonprofit health care delivery system shall enroll in the program as a separate provider, be assigned a distinct provider identification number, and complete an attestation that abortions are not performed at the distinct location. For the purposes of this subrule, “nonprofit health care delivery system” shall have the same meaning as provided under subrule 87.7(1). ITEM 3. Amend 441—Chapter 87, implementation sentence, as follows: These rules are intended to implement 2017 Iowa Acts, House File 653, section 90Iowa Code section 217.41B as amended by 2018 Iowa Acts, Senate File 2418, section 83.ARC 3918CInspections and Appeals Department[481]Notice of Intended ActionProposing rule making related to minimum construction standards for hospitals and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to amend Chapter 51, “Hospitals,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 10A.104(5) and 135B.7.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104(5) and 135B.7.Purpose and Summary The proposed amendment adopts by reference the 2018 Guidelines for Design and Construction of Hospitals provided by the Facility Guidelines Institute as the minimum construction standards for hospitals and off-site premises licensed under Iowa Code chapter 135B. The proposed amendment was approved by the Hospital Licensing Board at its June 21, 2018, meeting. The State Board of Health initially reviewed the proposed amendment at its July 11, 2018, meeting.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: David Werning Iowa Department of Inspections and Appeals Lucas State Office Building321 East 12th StreetDes Moines, Iowa 50319-0083 Email: david.werning@dia.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend rule 481—51.50(135B) as follows:481—51.50(135B) Minimum standards for construction. 51.50(1) Minimum standards. Hospitals and off-site premises licensed under this chapter shall be built in accordance with the following construction standards. a. Construction shall be in accordance with the standards set forth in the Guidelines for Design and Construction of Hospitals and Outpatient Facilities, 2014 edition, produced, 2018 edition, published by the Facility Guidelines Institute. b. A critical access hospital as defined in rule 481—51.1(135B) shall meet the standards for construction set forth in Part 2.4 of the Guidelines for Design and Construction of Hospitals and Outpatient Facilities, 2014 edition, produced by the Facility Guidelines Institute. c. b. Existing hospitals, critical access hospitals, and off-site premises built in compliance with prior editions of the hospital construction guidelines will be deemed in compliance with subsequent regulations, with the exception of any new structural renovations, additions, functional alterations, or changes in utilization to existing facilities, which shall meet the standards specified in this subrule. d. c. The design and construction of a hospital or off-site premises shall be in conformance with the provisions of 661—Chapter 205. e. d. In jurisdictions without a local building code enforcement program, the construction shall be in conformance with the state building code, as authorized by Iowa Code section 103A.7, in effect at the time of plan submittal for review and approval. In jurisdictions with a local building code enforcement program, local building code enforcement must include both the adoption and enforcement of a local building code through plan reviews and inspections. e. In any case in which an applicable requirement of 661—Chapter 205 is inconsistent with an applicable requirement of the state building code, the hospital or off-site premises shall be deemed to be in compliance with the state building code requirement if the requirement of 661—Chapter 205 is met. 51.50(2) Submission of construction documents. a. Submissions of architectural technical documents, engineering documents, and plans and specifications to the building code commissioner are the responsibility of the owner of the building or facility, although the actual submission may be completed by an authorized agent of the owner or the responsible design professional. b. Submissions shall comply with the provisions of rule 661—300.4(103A). c. The responsible design professional shall certify that the building plans meet the requirements specified in subrule 51.50(1), unless a variance has been granted pursuant to subrule 51.50(3). 51.50(3) Variances. The director of the department may grant variances to building and construction guidelines as contained in the Guidelines for Design and Construction of Hospitals and Outpatient Facilities, 2014 edition, 2018 edition. The hospital or off-site premises must submit a variance request in writing to the director. The request must demonstrate how patient safety and the quality of care offered will not be compromised by the variance. The facility must demonstrate its ability to completely fulfill all other requirements of the service. The director shall make a written determination of the request. In determining whether a variance request shall be granted, the director shall give consideration to the following conditions and to any other conditions the director deems relevant: a. The design and planning for the specific property shall offer improved or compensating features which provide equivalent desirability and utility; b. Alternate or special construction methods, techniques, and mechanical equipment shall offer equivalent durability; utility; safety; structural strength and rigidity; sanitation; odor control; protection from corrosion, decay and insect attack; and quality of workmanship; c. The health, safety or welfare of any patient shall not be endangered; d. The variance shall be limited to the specific project under consideration and shall not be construed as establishing a precedent for similar acceptance in other cases; e. Occupancy and function of the building shall be considered; and f. The type of licensing shall be considered.ARC 3919CInspections and Appeals Department[481]Notice of Intended ActionProposing rule making related to social and charitable gambling and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to rescind Chapter 100, “Administration,” and to adopt a new Chapter 100, “General Provisions for Social and Charitable Gambling,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 99B.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 99B.2.Purpose and Summary The proposed amendment implements changes made to Iowa Code chapter 99B resulting from 2015 Iowa Acts, Senate File 482. The legislation modernized Iowa Code chapter 99B by streamlining processes and eliminating unnecessary licenses.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to:David Werning Iowa Department of Inspections and Appeals Lucas State Office Building321 East 12th StreetDes Moines, Iowa 50319-0083 Email: david.werning@dia.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Rescind 481—Chapter 100 and adopt the following new chapter in lieu thereof: CHAPTER 100GENERAL PROVISIONS FOR SOCIAL AND CHARITABLE GAMBLING481—100.1(99B) Definitions. In addition to the definitions found in Iowa Code chapter 99B, and unless specifically defined in 481—Chapters 101 to 107, the following definitions apply to all social and charitable gambling rules. "Bingo supplies and equipment" means a machine, display board, monitor, card, bingo paper, or any other implement or provision used in the conduct of the game of bingo licensed pursuant to Iowa Code chapter 99B. "Director" means the director of the department of inspections and appeals. "Responsible party" means the individual identified on the license application as the contact person. The responsible party is expected to have a general knowledge of Iowa gambling laws and rules. This individual is deemed to be an agent of the organization until the department is notified otherwise in writing.481—100.2(99B) Licensure. Gambling shall only occur upon receipt of a license issued by the department. The license shall be prominently displayed at the gambling location. 100.2(1) Types of gambling licenses—qualified organizations. A qualified organization (QO), as defined in Iowa Code section 99B.1(26), may apply for the six following license types, each of which permits the activities listed. A QO with a two-year QO license may also apply for a seventh license type, a very large raffle license.License type/Activity typeTwo-year QOOne-year QO180-day QO90-day QO14-day QOBingo at a fair or festivalBingoThree occasions per week; 15 occasions per monthNoNoNoTwo occasionsOne occasion per day for length of fair or festivalGames of skill and chanceUnlimited carnival-style gamesNoNoNoUnlimited carnival-style gamesNoGame nightOne per calendar yearOne per calendar yearOne per calendar yearOne per calendar yearOne per calendar yearNoVery small and small rafflesUnlimitedUnlimitedUnlimitedUnlimitedUnlimitedNoLarge rafflesOne per calendar yearEight per license period, each conducted in a different countyOne per calendar yearOne per calendar yearOne per calendar yearNoVery large rafflesOne per calendar year, requires additional very large raffle licenseOne per calendar year, requires additional very large raffle licenseNoNoNoNoElectronic rafflesOne small raffle per day; one large raffle per calendar yearNoNoNoNoNo 100.2(2) Other types of gambling licenses. There are four other types of gambling licenses: a. One-year license for an amusement concession. b. Two-year license for social gambling in beer and liquor establishments. c. Two-year license for social gambling in public places. d. Annual license for manufacturers and distributors of bingo equipment and supplies or electronic raffle systems. 100.2(3) Political action committees ineligible. Political action committees are not qualified organizations as defined in Iowa Code section 99B.1(26) and are not eligible for gambling licenses.481—100.3(99B) License application. 100.3(1) Applications. Applications may be completed online or downloaded by visiting dia.iowa.gov and clicking on the link for “Social and Charitable Gambling.” A paper application may be requested from the Social and Charitable Gambling Unit, Iowa Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319-0083; or by calling (515)281-6848. 100.3(2) Receipt of application. An application shall be submitted at least 30 days before the beginning date requested. 100.3(3) Fees. License fees are not refundable. 100.3(4) Documentation. Qualified organizations applying for a charitable gambling license must submit with the application documentation, as described in the application, to prove tax-exempt status. 100.3(5) Application for incorrect license. If the applicant does not apply for the appropriate license, the license fee may be applied to the appropriate license within 30 days of notification to the applicant by the department. For example, the applicant applies for a 90-day qualified organization license but wishes to conduct bingo. The fee for the 90-day qualified organization license may be applied to a two-year or 14-day qualified organization license, if the applicant responds within 30 days of notification by the department. 100.3(6) Incomplete application submitted. If the applicant submits an incomplete application, the application may be completed and submitted within 30 days of notification to the applicant by the department without forfeiting the fee submitted with the incomplete application.481—100.4(99B) Additional requirements for licensure. In addition to requirements for licensure found in Iowa Code chapter 99B, the department may use the following standards to determine whether to issue a gambling license. These standards do not apply to licensure of manufacturers or distributors of bingo equipment and supplies or electronic raffle equipment. 100.4(1) Sales tax permit—exemptions. Qualified organizations shall either possess or have made application for a sales tax permit at the time the license application is submitted. The following gambling activities are exempt from sales and local option taxes: a. Gambling activities conducted by county and city governments. b. Gambling activities held by the Iowa state fair, Iowa state fair authority, or Iowa state fair foundation (organized under Iowa Code chapter 173), including gambling activities that occur outside of the annual scheduled fair event. c. Gambling activities held by a fair (as defined in Iowa Code section 174.1(2)), including gambling activities that occur outside of scheduled fair events. d. Raffles held by a licensed qualified organization at a fair as defined in Iowa Code section 99B.1 and pursuant to the requirements specified in Iowa Code section 99B.24. e. Raffles, whether or not they are conducted at a fair event, where the proceeds are used to provide educational scholarships by a qualifying organization representing veterans as defined in Iowa Code section 99B.27(1)“b.” 100.4(2) State tax liabilities. The applicant must have no outstanding state tax liabilities or, if there are outstanding state tax liabilities, the applicant must have entered into a negotiated repayment plan with the department of revenue and be current in all payments pursuant to the plan. A copy of the repayment plan shall be submitted with the licensure application. 100.4(3) Revocation—no license issued. a. No one involved in an organization with a gambling license revocation action pending will be granted a license similar to the license revoked. b. No one with a gambling license currently under revocation may be issued any gambling license during the period of revocation. c. A license will not be issued if there is a current revocation of either a gambling or a liquor license for the location named on the license application. 100.4(4) Criminal violations. No applicant shall have been convicted of or pled guilty to a criminal violation of Iowa gambling law. 100.4(5) Violations of gambling law or Iowa alcoholic beverage control Act. Violation of gambling law or the Iowa alcoholic beverage control Act affects whether a gambling license is issued. a. The applicant may have no more than two convictions of or guilty pleas to serious or aggravated misdemeanors in the last two years. This includes any combination of serious or aggravated misdemeanors. b. No liquor license shall have been suspended within the last 12 months because of a conviction of or guilty plea to a criminal violation of the Iowa alcoholic beverage control Act (Iowa Code chapter 123). c. No liquor license shall have been revoked because of a conviction of or guilty plea to a criminal violation of the Iowa alcoholic beverage control Act. d. No applicant shall have been convicted of a felony, federal or state, within five years of the date of the application. For felony convictions more than five years prior to the date of the application, citizenship rights must have been restored in order for the application to be considered.481—100.5(99B) Returned checks. If a check intended to pay for any license provided for under Iowa Code chapter 99B is not honored for payment by the bank on which the check is drafted, the department will attempt to redeem the check. The department will notify the applicant of the need to provide sufficient payment. An additional fee of $25 shall be assessed for each dishonored check. If the department does not receive cash to replace the check, no license will be issued.481—100.6(99B) Payment systems. Licensees allowing participants to make payment by debit card, as authorized by Iowa Code section 99B.5, shall ensure that payment systems comply with all applicable federal and state laws regarding payment card processing and the protection of personal information.481—100.7(99B) Participation—game of skill, game of chance or raffle. No one who conducts a game of skill, game of chance or raffle may participate in the game or raffle. For purposes of this rule, an individual “conducts” a raffle if the individual directly participates in the mechanism of selection of the prize, such as drawing the winning entry. For purposes of this rule, an individual “conducts” a game of skill or game of chance if, for example, the person is a dealer or a croupier or otherwise operates the game.481—100.8(99B) Posted rules—games other than bingo and raffles. Rules established by the licensee shall be posted on a sign near the front of the playing area or made available electronically at each player’s location. Rules shall be in large, easily readable print and shall include:- The name and mailing address of the licensee;
- Prices to play;
- How winners will be determined;
- Prize(s) or categories of prizes for each game; and
- Rules established by the licensee for the game. Rules shall define a game and indicate the cost per game. For example, a game might be one opportunity to shoot and make one basket, or three opportunities to shoot and make one basket.
- Punchboard,
- Pushcard,
- Pull-tab,
- Craps,
- Chuck-a-luck,
- Roulette,
- Klondike,
- Blackjack,
- Baccarat,
- Equality, or
- Three-card monte.
Proposing rule making related to bingo and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to amend Chapter 103, “Bingo,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 99B.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 99B.2.Purpose and Summary The proposed amendments implement changes made to Iowa Code chapter 99B resulting from 2015 Iowa Acts, Senate File 482. The legislation modernized Iowa Code chapter 99B by streamlining processes and eliminating unnecessary licenses. Cross references in this rule making to rules in 481—Chapter 100 refer to the proposed rules published in ARC 3919C (IAB 8/1/18).Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to:David Werning Iowa Department of Inspections and Appeals Lucas State Office Building321 East 12th StreetDes Moines, Iowa 50319-0083 Email: david.werning@dia.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Rescind rule 481—103.1(10A,99B) and adopt the following new rule in lieu thereof:481—103.1(99B) Definitions. In addition to definitions found in Iowa Code chapter 99B and in rule 481—100.1(99B), the following definitions apply to all qualified organizations where bingo is played. "Cash" means any legal tender of the United States. "Category" means the name given to a particular type of playing face to distinguish one from another. "Limited license" means a 14-day license issued only to a qualified organization. There are no limits on the number of games played or occasions held, except that only two bingo occasions may be held during the period of 14 days, with no limit on the number of bingo games or the number of hours played during each designated bingo day. "Playing face" means the grid on which a player marks numbers and letters called as the game progresses. ITEM 2. Rescind rule 481—103.2(10A,99B) and adopt the following new rule in lieu thereof:481—103.2(99B) License. 103.2(1) License required—exception. A license is required in order to conduct a bingo occasion unless all of the following requirements are met: a. Participants in the bingo occasion are not charged to enter the premises where bingo is conducted. b. Participants in the bingo occasion are not charged to play. c. Any prize awarded at the bingo occasion is donated. d. The bingo occasion is conducted as an activity and not for fundraising purposes. 103.2(2) Location. Bingo occasions are restricted to the location for which application is made by the qualified organization and approved by the department. For good cause, a license may be transferred to a different location only after written notice by the licensee and approval by the department. “Good cause,” for purposes of this subrule, may include flood, fire or other natural disasters; sale of the building; or nonrenewal of lease. 103.2(3) Application. Before any organization may conduct bingo, a license application must be approved by the department. Application and license requirements are found in rules 481—100.3(99B), 481—100.4(99B), and 481—100.5(99B). 103.2(4) Examples. The following are examples of circumstances affecting whether a license is granted. a. Qualified organization X applies for and is issued a two-year license to conduct bingo occasions at 313 Cherry Street, Des Moines, Iowa. The license is effective from August 1, 2017, to July 31, 2019. On October 1, 2017, qualified organization Y applies for a 14-day limited license to conduct bingo at the same location. The license is approved and issued because a limited license can be issued for the same location used for a two-year bingo license. b. Qualified organization ABC applies for and is issued a two-year qualified organization license to conduct bingo at 1002 West 2nd Avenue in Jones Town, Iowa. The license is effective from October 1, 2017, to September 30, 2019. On November 15, 2017, qualified organization EFG applies for a two-year qualified organization license for the same location. A license may be issued to organization EFG for the same location during the same period to conduct any games of chance, games of skill or raffles. Organization EFG shall not conduct bingo at the location. c. Hometown Community School applies for and is issued a two-year qualified organization license to conduct games of skill, games of chance and raffles at the grade school building. The license is effective from September 1, 2017, to August 31, 2019. During the time that the Hometown Community School license is in effect, the school-sponsored pep club applies for a 14-day limited license to conduct games of skill at the grade school building. The school-sponsored pep club may be issued a limited license for the same location during the same time. Under this example, the school-sponsored pep club would not be required to obtain a separate license, because school-affiliated organizations may operate separate events under a school’s two-year license. ITEM 3. Rescind rule 481—103.3(99B) and adopt the following new rule in lieu thereof:481—103.3(99B) Bingo occasion. A qualified organization may conduct only 3 bingo occasions per week, but not more than 15 occasions per month, under a two-year qualified organization license. A week starts on Sunday and ends on Saturday. At the end of each occasion, the person conducting the games shall announce both the gross receipts and the use to which the net receipts will be dedicated and distributed. ITEM 4. Amend rule 481—103.4(99B), introductory paragraph, as follows:481—103.4(99B) Game of bingo. Each game shall meet all of the requirements of the definition of “bingo” in Iowa Code section 99B.1(5)99B.1(4) to be a legal game of bingo. Games ordinarily considered bingo may be played. ITEM 5. Amend paragraph 103.4(1)"f" as follows: f. House rulesRules established by the licensee may require that a player have the last number called for a bingo. If not posted in the house rulesestablished by the licensee, the player is not required to have the last number called. ITEM 6. Amend subrule 103.4(3) as follows: 103.4(3) The cost to play each game shall not exceed $5. Cards or games may be sold only within the premises of the bingo occasion. The cost for each packet, playing face, or tear sheet shall be the same for each participant, i.e., the cost for an opportunity to play shall be equal. Players may pay for games with cash or, at the option of the licensee, checks, personal check, money order, bank check, cashier’s check, electronic check, or debit card. a. All cards or games shall be assigned a price. b. The price shall be posted. Cards may be sold only for the posted price. c. Free games shall not be given. Free games include gift cards redeemable for games. This paragraph does not prohibit giving free concession items such as food, beverages or daubers. d. Bingo games allowing for a trade-in of a bingo card during a bingo game for not more than fifty cents per trade-in may be allowed. ITEM 7. Rescind the implementation sentence in rule 481—103.4(99B). ITEM 8. Amend rule 481—103.5(99B) as follows:481—103.5(99B) Staterules and house rulesestablished by the licensee. Iowa administrative rules and specific house rulesestablished by the licensee must be readily available to every bingo player. The house has discretion regarding reserved seating and age restrictions for children to play, but must post such restrictions in the house rules. 103.5(1) A copy of these rules, 481—Chapter 103, “Bingo,” shall be maintained at every bingo location during every bingo occasion. Bingo players who request it shall have the opportunity to read the administrative rules. 103.5(2) House rulesRules established by the licensee shall be posted on a sign near the front of the playing area. a. The sign shall be at least 30 inches by 30 inches. b. Permanent letters 3 inches high shall proclaim “Rules of the Game.” c. a. Rules shall be in large, easily readable print and shall include: (1) The name and mailing address of the licensee; (2) Prices to play; and (3) House rulesRules established by the licensee for the game. 1b. House rulesRules established by the licensee shall include how to indicate “bingo” to halt the game,how to collect a prize, andhow the licensee will verify winners’ names and addresses.- Reserved seating may be observed if the house so chooses and posts the information.
- People of any age are allowed to play bingo. The house may choose to restrict children of certain ages, as long as the restriction is posted in the house rules.
- All buildings in which bingo occasions are conducted must meet state or local standards for occupancy and safety.
- The name of the licensee shall be posted on the sign of each building or location where bingo occasions are held.
- A name which is closely associated with the licensee and which clearly identifies the lawful uses of the proceeds may also be used. Generic-type names, such as “Nelson Street Bingo” or “Uncle Bob’s Bingo,” shall not be used.
- The rent shall not be related to nor be a percentage of the receipts.
- The licensee may terminate any lease or rental agreement without paying a penalty or forfeiting money or a deposit. Damage deposit money is excepted.
- Alcoholic beverages may be served in a bingo location if that location possesses a beer permit or liquor license.
- The lessor of the building shall not participate in conducting bingo.
- During a bingo occasion, the lessor shall not sell any beverage, food or any other merchandise in the room in which bingo is played.
- Only one licensedqualified organization may holdconduct bingo occasions at a locationwithin the same structure or building. However, the following exception applies: A 14-day limited licensee may hold bingo occasions at the same location.
Proposing rule making related to amusement devices and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to amend Chapter 104, “General Provisions for All Amusement Devices,” and Chapter 105, “Registered Amusement Devices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 99B.2 and 99B.52(7).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 99B.2.Purpose and Summary The proposed amendments implement changes made to Iowa Code chapter 99B, “Social and Charitable Gaming,” resulting from 2015 Iowa Acts, Senate File 482. The legislation modernized Iowa Code chapter 99B by streamlining processes and eliminating unnecessary licenses. Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: David Werning Iowa Department of Inspections and Appeals Lucas State Office Building321 East 12th StreetDes Moines, Iowa 50319-0083 Email: david.werning@dia.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 481—104.1(10A,99B), definitions of “Amusement device” and “Gambling device,” as follows: "Amusement device" means an electrical or mechanical device possessed and used in accordance with Iowa Code section 99B.10chapter 99B. An amusement device is not a game of skill or chance as defined in Iowa Code section 99B.1, a gambling device, or a device that plays poker, blackjack, or keno. Roulette wheels, slot machines, and other devices specified in Iowa Code section 725.9 as gambling devices are not amusement devices. "Gambling device" means a device possessed or used or designed to be used for gambling and includes, but is not limited to: roulette wheels, klondike tables, punchboards, faro layouts, keno layouts, numbers tickets, slot machines,pachislo skill-stop machine or any other similar machine or device, push cards, jar tickets, pull-tabs, and video machines or other devices that do not comply with Iowa Code section 99B.10chapter 99B. ITEM 2. Adopt the following new definition of “Progressive games” in rule 481—104.1(10A,99B): "Progressive games" means games in which the value of the prizes increases an incremental amount with each game. ITEM 3. Amend rule 481—104.2(99B) as follows:481—104.2(99B) Device restrictions. An amusement device, except for an amusement device which shall be registered pursuant to Iowa Code section 99B.10(1)“f,”99B.53, may be owned, possessed, or offered for use by any person at any location. All amusement devices shall comply with all of the following:- The device must be electrical, which includes both electronic and video, or mechanical, or a combination of both.
- The device shall not be designed or adapted to issue or pay coins or currency.
- The device may be designed or adapted to award free games without additional consideration.
- The device may be designed or adapted to award merchandise or tickets or tokens redeemable for merchandise not to exceed a retail value of more than $50 per play or game.
- The device may be designed or adapted to issue tickets or tokens, but not coins or currency. However, the device shall not be designed or adapted to issue tickets or tokens that may be used to play any device or game.
- The device shall not have a “knock-off” switch to release either free games or credits awarded by the device. However, credits may be released by the insertion of coins, currency, or tokens to activate a new game. Free games may only be utilized for playing the device and may not be released in any other manner.
- The device shall not be capable of being altered to enable a person using the device to increase or decrease the chances to win a game or other prize by paying more than is ordinarily required to play the game.
- The device must be designed or adapted to accept only coins, currency, or tokens to play the game. However, the device shall not be designed or adapted to accept tokens that have been awarded as a prize.
- The device must be registered if it meets the registration requirements set forth inIowa Code section 99B.53 and rule 481—104.5(99B).
- Devices that pay coins or currency.
- Gambling games permitted in Iowa Code chapter 99F, such as slot machines and roulette wheels, or any similar device.
- Any machine that does not conform to the requirements in these rules or Iowa Code section 99B.10chapter 99B.
- Any machine designed or resembling a machine which is normally used for casino-type gambling.
- Amusement devices designed or adapted to facilitate gambling.
- Progressive games.
- Conviction for illegal gambling under the provisions of Iowa Code chapter 725.
- Forfeiture of property under the provisions of Iowa Code chapter 809.
- Conviction for illegal gambling may result under the provisions of Iowa Code chapter 725.
- Suspension or revocation of a wine or beer permit or of a liquor license may result under the provisions of Iowa Code chapter 123.
- Property may be forfeited under the provisions of Iowa Code chapter 809.
- Violation of any laws pertaining to gambling may result in suspension or revocation of a registration as prescribed in Iowa Code section 99B.10B or 99B.10C99B.55.
- Unless otherwise prescribed in Iowa Code section 99B.10B or 99B.10C99B.55, a registration may be revoked upon the violation of any gambling law, rule or regulation, including Iowa Code chapter 99B, 481—Chapter 104, or this chapter.
- A registration may be revoked if the registrant or an agent of the registrant engages in any act or omission that would have permitted the department to refuse to issue a registration under Iowa Code chapter 99B.
- A person under the age of 21 shall not participate in the operation of an electrical or mechanical amusement devicethat is required to be registered. A person who violates the provisions of Iowa Code section 99B.10C(1)99B.57 commits a scheduled violation under Iowa Code section 805.8C(4).
Proposing rule making related to card game tournaments and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to rescind Chapter 106, “Card Game Tournaments by Veterans Organizations,” Iowa Administrative Code, and to adopt a new Chapter 106 with the same title.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 99B.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 99B.2.Purpose and Summary The proposed amendment implements changes made to Iowa Code chapter 99B resulting from 2015 Iowa Acts, Senate File 482. The legislation modernized Iowa Code chapter 99B by streamlining processes and eliminating unnecessary licenses. Iowa Code section 99B.27 addresses much of what was formerly found in 481—Chapter 106; accordingly, the proposed amendment eliminates duplicative material. Cross references in this rule making to rules in 481—Chapter 100 refer to the proposed rules published in ARC 3919C (IAB 8/1/18).Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: David Werning Iowa Department of Inspections and Appeals Lucas State Office Building321 East 12th StreetDes Moines, Iowa 50319-0083 Email: david.werning@dia.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Rescind 481—Chapter 106 and adopt the following new chapter in lieu thereof: CHAPTER 106CARD GAME TOURNAMENTS BY VETERANS ORGANIZATIONS481—106.1(99B) Definitions. In addition to definitions found in Iowa Code chapter 99B, for the purposes of this chapter, the following definitions apply: "Card game tournament" "tournament" means a series of card games held by a licensee during a consecutive period of time of not more than 24 hours and not held as part of an annual game night licensed pursuant to Iowa Code section 99B.26. "Department" means the department of inspections and appeals. "Educational, civic, public, charitable, patriotic, or religious uses" means the same as defined in Iowa Code section 99B.1(14). "Licensee" means a qualified organization representing veterans that has been issued a license pursuant to Iowa Code section 99B.12 and the rules in 481—Chapter 100 and this chapter.481—106.2(99B) Licensing. Before any card game tournament may occur, a license application must be approved by the department. Application and license requirements are found in rules 481—100.3(99B), 481—100.4(99B), and 481—100.5(99B). A qualified organization intending to conduct veterans card game tournaments must complete the section of the license application for veterans card game tournaments.481—106.3(99B) Card game tournament. In addition to the requirements found in Iowa Code section 99B.27, licensees conducting tournaments shall comply with all of the following: 106.3(1) Licensee to conduct tournament. The licensee shall conduct each tournament and shall not contract with or permit another person to conduct the tournament or any card game during the tournament. 106.3(2) Tournament rules. Tournament rules shall be posted or distributed to all participants before the tournament begins. Rules shall include the following: a. Card games and the rules of each card game; b. Participation fees; c. Prize(s) for each card game and tournament; d. How winners will be determined; and e. Any other tournament rules.481—106.4(99B) Records. The licensee shall comply with the record-keeping requirements found in Iowa Code sections 99B.16 and 99B.27(3) and 481—Chapter 100. The licensee shall keep a journal of all dates of events, amount of gross receipts, amount given out as prizes, expenses, amount collected for taxes, and amount collected as revenue. These rules are intended to implement Iowa Code sections 99B.2 and 99B.27.ARC 3917CIowa Finance Authority[265]Notice of Intended ActionProposing rule making related to qualified allocation plans and providing an opportunity for public comment
The Iowa Finance Authority hereby proposes to amend Chapter 12, “Low-Income Housing Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 16.35 and Section 42 of the Internal Revenue Code.Purpose and Summary The updated 2019 9% Qualified Allocation Plan (QAP) and the 2019 4% Qualified Allocation Plan set forth the purposes of the plans, administrative information required for participation, threshold criteria, selection criteria, postreservation requirements, appeal process, and compliance monitoring components. The plans also establish the fees for filing an application for low-income housing tax credits and for compliance monitoring. Copies of the qualified allocation plans are available upon request from the Authority and are available electronically on the Authority’s website at www.iowafinanceauthority.gov. It is the Authority’s intent to incorporate the updated 2019 qualified allocation plans by reference consistent with Iowa Code chapter 17A and 265—subrules 17.4(2) and 17.12(2).Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, the impact on jobs is expected to be consistent with the impact of previous years’ QAPs. The Low-Income Housing Tax Credit program has a substantial positive impact on job creation in Iowa, with many jobs created annually in the construction, finance, and property management fields, among others.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Authority no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Dave Vaske Iowa Finance Authority 2015 Grand AvenueDes Moines, Iowa 50312 Phone: 515.725.4900 Email: dave.vaske@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: August 21, 2018Authority Offices9 to 11 a.m. 2015 Grand AvenueDes Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Authority and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 265—12.1(16) as follows:265—12.1(16) Qualified allocation plans. 12.1(1) Four percent qualified allocation plan. The qualified allocation plan entitled Iowa Finance Authority Low-Income Housing Tax Credit Program 4% Qualified Allocation Plan (“4% QAP”) dated September 7, 2016July 11, 2018, shall be the qualified allocation plan for the allocation of 4 percent low-income housing tax credits consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.35. The 4% QAP is incorporated by reference pursuant to Iowa Code section 17A.6 and 265—subrules 17.4(2) and 17.12(2). The 4% QAP does not include any amendments or editions created subsequent to September 7, 2016July 11, 2018. 12.1(2) Nine percent qualified allocation plan. The qualified allocation plan entitled Iowa Finance Authority Low-Income Housing Tax Credit Program 20182019 Qualified Allocation Plan (“9% QAP”) shall be the qualified allocation plan for the allocation of 9 percent low-income housing tax credits consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.35. The 9% QAP is incorporated by reference pursuant to Iowa Code section 17A.6 and 265—subrules 17.4(2) and 17.12(2). The 9% QAP does not include any amendments or editions created subsequent to September 6, 2017July 11, 2018. ITEM 2. Amend rule 265—12.2(16) as follows:265—12.2(16) Location of copies of the plans. 12.2(1) 4% QAP. The 4% QAP can be reviewed and copied in its entirety on the authority’s Web sitewebsite at http://www.iowafinanceauthority.govwww.iowafinanceauthority.gov. Copies of the 4% QAP, application, and all related attachments and exhibits shall be deposited with the administrative rules coordinator and at the state law library and shall be available on the authority’s Web sitewebsite. The 4% QAP incorporates by reference IRC Section 42 and the regulations in effect as of September 7, 2016July 11, 2018. Additionally, the 4% QAP incorporates by reference Iowa Code section 16.35. These documents are available from the state law library, and information about these statutes, regulations and rules is on the authority’s Web sitewebsite. 12.2(2) 9% QAP. The 9% QAP can be reviewed and copied in its entirety on the authority’s Web sitewebsite at http://www.iowafinanceauthority.govwww.iowafinanceauthority.gov. Copies of the 9% QAP, application, and all related attachments and exhibits shall be deposited with the administrative rules coordinator and at the state law library and shall be available on the authority’s Web sitewebsite. The 9% QAP incorporates by reference IRC Section 42 and the regulations in effect as of September 6, 2017July 11, 2018. Additionally, the 9% QAP incorporates by reference Iowa Code section 16.35. These documents are available from the state law library, and information about these statutes, regulations and rules is on the authority’s Web sitewebsite.ARC 3916CIowa Finance Authority[265]Notice of Intended ActionProposing rule making related to home and community-based services rent subsidy program and providing an opportunity for public comment
The Iowa Finance Authority hereby proposes to amend Chapter 24, “Home and Community-Based Services Rent Subsidy Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 16.55.Purpose and Summary The purposes of these proposed amendments are to clarify the rules, remove an unnecessary defined term, and strike a sentence that prohibits subsidy recipients from residing in rental units owned by immediate family members.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Authority no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Mark Thompson Iowa Finance Authority 2015 Grand AvenueDes Moines, Iowa 50312 Phone: 515.725.4937 Email: mark.thompson@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Rescind the definition of “Immediate family member” in rule 265—24.2(16). ITEM 2. Amend rule 265—24.2(16), definition of “Qualified rental unit,” as follows: "Qualified rental unit" means a housing unit for which a signed written rental agreement exists and which is governed by Iowa Code chapter 562A. A qualified rental unit does not include a home owned by an immediate family member. ITEM 3. Amend rule 265—24.3(16) as follows:265—24.3(16) Eligibility requirements. All of the following criteria shall be met. 24.3(1) Demonstrated need. An applicant must demonstrate need for rent subsidy by meeting all of the following requirements: a. The applicant shall provide a copy of an executed rental agreement showing the applicant as a tenant, with signatures by the landlord and the applicant or the applicant’s legal guardian; b. The applicant shall provide evidence that the applicant pays more than 30 percent of the applicant’s gross income for rent, with a minimum contribution of $25 per month; c. The applicant shall not receive any other permanent rental assistance; d. The applicant may not use this program to substitute for any other permanent rent subsidy that the applicant had been receiving at the time of or immediately prior to the time of application to this program; and e. The applicant’s rental unitmust be a qualified rental unit and may not be owned by someone who lives in the unit. 24.3(2) Ineligible for other rent subsidies. The applicant shall have been determined ineligible or be on the waiting list, or provide documentation that the waiting list is closed, under the HUD Housing Choice Voucher (HCV) program administered by Iowa’s public housing authorities. In the event that the HCV waiting list is currently closed, the applicant is responsible for monitoring the status of the waiting list application period and must apply at the first available opportunity and provide documentation of HCV application submission to the local public housing authority or be subject to removal from the HCBS rent subsidy program or the HCBS rent subsidy program waiting list. ITEM 4. Amend 265—Chapter 24, implementation sentence, as follows: These rules are intended to implement Iowa Code section 16.5(17) and 2005 Iowa Acts, House File 825, section 4516.55.ARC 3905CMedicine Board[653]Notice of Intended ActionProposing rule making related to prescribing psychologists and providing an opportunity for public comment
The Board of Medicine hereby proposes to adopt new Chapter 19, “Prescribing Psychologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapters 148, 154B, and 272C and section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 154B, Iowa Code sections 123.3, 124.101, 147.107, 148.13A, 148.13B, 155A.3, 155A.23, 155A.24 and 155A.27, and 2016 Iowa Acts, Senate File 2188.Purpose and Summary This proposed rule making establishes a new Chapter 19 for a set of joint rules with the Iowa Board of Psychology to implement 2016 Iowa Acts, Senate File 2188, which gives prescriptive authority for certain psychologists. These joint rules were developed in a joint rule-making process involving both boards over the past 18 months. Identical joint rules have been published under Notice by the Board of Psychology herein (see Professional Licensure Division[645] ARC 3904C, IAB 8/1/18). Both boards will hold a single public hearing on the joint rules on August 21, 2018, as described below.Fiscal Impact 2016 Iowa Acts, Senate File 2188, broadens the scope of practice for certain psychologists, allowing them to provide mental health care services previously provided by other health care practitioners, such as physicians, nurse practitioners and physician assistants. Consequently, it is difficult to determine the actual fiscal impact of the legislation and corresponding rules. Jobs Impact 2016 Iowa Acts, Senate File 2188, broadens the scope of practice for certain psychologists, allowing them to provide mental health care services previously provided by other health care practitioners, such as physicians, nurse practitioners and physician assistants. Consequently, it is difficult to determine the actual jobs impact of the legislation and corresponding rules.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.Public Comment Any interested person may submit written or oral comments concerning this proposed joint rule making. Written or oral comments in response to this joint rule making must be received by the Board no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Kent Nebel Board of Medicine400 S.W. Eighth StreetDes Moines, Iowa 50309Phone: 515.281.7088 Fax: 515.242.5908 Email: kent.nebel@iowa.govPublic Hearing A jointly held public hearing by the Boards of Medicine and Psychology at which persons may present their views orally or in writing will be held as follows: August 21, 2018Board Office, Suite C10 a.m. to 12 noon400 S.W. Eighth StreetDes Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new 653—Chapter 19: CHAPTER 19PRESCRIBING PSYCHOLOGISTS653—19.1(148,154B) Definitions—joint rule. "APA" means the American Psychological Association. "Applicant" means a psychologist applying for a conditional prescription certificate. "Board" means the Iowa board of psychology. "Board of medicine" means the Iowa board of medicine. "Collaborating physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine in Iowa, who regularly prescribes psychotropic medications for the treatment of mental disorders as part of the physician’s normal course of practice, and who serves as a resource for a prescribing psychologist pursuant to a collaborative practice agreement. A collaborating physician shall be board-certified in family medicine, internal medicine, neurology, pediatrics, or psychiatry. "Conditional prescribing psychologist" means a person licensed to practice psychology in Iowa who holds an active conditional prescription certificate. This term does not include prescribing psychologists. "Conditional prescription certificate" means a certificate issued by the board to a psychologist that permits the psychologist to prescribe psychotropic medication under the supervision of a supervising physician. "CSA registration" means a Controlled Substance Act registration issued by the Iowa board of pharmacy authorizing a psychologist to possess and prescribe controlled substances. "DEA registration" means a mid-level practitioner registration with the Drug Enforcement Administration authorizing a psychologist to possess and prescribe controlled substances. "Joint rule" means a rule adopted by agreement of the board of psychology and the board of medicine through the joint rule-making process. "Mental disorder" means a disorder which is defined by the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or contained within the mental and behavioral disorders chapter of the most recent version of the International Classification of Diseases. "Prescribing psychologist" means a person licensed to practice psychology in Iowa who holds an active prescription certificate. This term does not include conditional prescribing psychologists. "Prescription certificate" means a certificate issued by the board to a psychologist that permits the psychologist to prescribe psychotropic medication. "Primary care physician" means a person licensed to practice medicine and surgery or osteopathic medicine in Iowa who is responsible for the ongoing medical care of a patient. "Psychologist" means a person licensed to practice psychology in Iowa. "Psychotropic medication" means a medication that shall not be dispensed or administered without a prescription and that has been explicitly approved by the federal Food and Drug Administration for the treatment of a mental disorder, as defined by the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or the most recent version of the International Classification of Diseases. “Psychotropic medication” does not include narcotics. "Supervising physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine in Iowa, who regularly prescribes psychotropic medications for the treatment of mental disorders as part of the physician’s normal course of practice, and who supervises a conditional prescribing psychologist. A supervising physician shall be board-certified in family medicine, internal medicine, neurology, pediatrics, or psychiatry. "Training director" means an employee of the psychopharmacology training program who is primarily responsible for directing the training program. "Training physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine in Iowa, who regularly prescribes psychotropic medications for the treatment of mental disorders as part of the physician’s normal course of practice, and who provides training to a psychologist as part of the clinical experience and practicum described in rule 653—19.2(148,154B). A training physician shall be board-certified in family medicine, internal medicine, neurology, pediatrics, or psychiatry. A training physician shall be approved by the psychopharmacology training program. 653—19.2(148,154B) Educational requirements for conditional prescription certificate—joint rule. An applicant for a conditional prescription certificate shall have completed a program of study designated by the APA as a program for the psychopharmacology training of postdoctoral psychologists. The program must have included didactic instruction, a clinical experience, and a practicum satisfying the requirements of this rule. A minimum of 40 hours of basic training on clinical assessment skills shall be included as part of the program’s didactic instruction. 19.2(1) Degree. An applicant shall possess a postdoctoral master of science degree in clinical psychopharmacology from a program designated by the APA as a program for the psychopharmacology training of postdoctoral psychologists. The degree program must be a minimum of 30 credit hours not including the practicum and shall include coursework in basic science, neuroscience, clinical medicine, pathological basis of disease, clinical pharmacology, psychopharmacology, and professional, ethical and legal issues. A minimum of one-third of the coursework must be completed in a live interactive format. The date the degree is conferred must be within the five-year period immediately preceding the application for a conditional prescription certificate. A program must be designated by the APA at the time the degree is conferred. 19.2(2) Clinical experience. An applicant shall have completed a clinical experience in accordance with the requirements of this subrule. During the clinical experience, a psychologist shall learn clinical assessment techniques and pathophysiology through direct observation and hands-on training with a training physician. During the clinical experience, a psychologist shall become competent in health history interviews, physical examinations, and neurological examinations with a medically diverse patient population. The clinical experience must be associated with the psychopharmacology training program from which the psychologist obtained the postdoctoral master of science degree in clinical psychopharmacology. a. Scope.At the beginning of the clinical experience, the psychologist shall directly observe the training physician performing clinical assessments of patients. After the training physician determines the psychologist has gained sufficient knowledge, the clinical experience shall transition to the psychologist’s performance of clinical assessments of patients under the direct observation of the training physician. After the training physician determines the psychologist has gained sufficient knowledge and experience, the psychologist may perform clinical assessments of patients without being directly observed by the training physician, provided that the training physician is on site at all times when the psychologist is with patients and is reviewing all medical records. A psychologist and a training physician shall have ongoing discussions regarding the psychologist’s clinical assessment skills and progress in the clinical experience. b. Minimum experience.The clinical experience shall consist of a minimum of 600 patient encounters that shall be completed by the end of the practicum. c. Conflict of interest.A training physician shall not be an employee of the psychologist or otherwise have a conflict of interest that could affect the training physician’s ability to impartially evaluate the psychologist’s performance. A psychologist may utilize more than one training physician. d. Milestones.To satisfactorily complete the clinical experience, a psychologist shall demonstrate competency in each of the following: (1) Perform a health history interview to obtain pertinent information regarding a patient’s chief complaint, history of the present illness, past medical and surgical history, family history, allergies, medications, and psychosocial history. The psychologist shall perform a review of systems to elicit a health history and shall appropriately document the health history. (2) Perform a physical examination in a logical sequence, ensuring appropriate positioning of the patient, proper patient draping, and proper application of the principles of asepsis throughout the examination. The psychologist shall verbalize and assess the components of a general survey and be able to accurately assess all of the following: vital signs, including pulse, respiration, and blood pressure; skin, hair and nails; head, face and neck; eyes; ears, nose, mouth and throat; thorax, lungs and axillae; heart; peripheral vascular system; abdomen; and musculoskeletal system. The psychologist shall be proficient in utilizing any equipment needed to conduct a physical examination. (3) Complete a neurological examination demonstrating knowledge of the history related to the neurological system and the ability to assess the following: mental status, cranial nerves, motor system, sensory system, and reflexes. The psychologist shall differentiate normal laboratory values from abnormal laboratory values and correlate abnormal laboratory values with impaired physiological systems. The psychologist shall identify adverse drug reactions and identify laboratory data and physical signs indicating an adverse drug reaction. e. Informed consent.At the initial contact, the psychologist shall inform the patient, or the patient’s legal guardian when appropriate, of the psychologist’s training role in the clinical experience. The psychologist shall provide sufficient information regarding the expectations and requirements of the clinical experience to obtain informed consent and appropriate releases. Upon request, the psychologist shall provide additional information regarding the psychologist’s education, training, or experience. f. Training documentation.The psychologist and the training director shall maintain documentation accounting for all clinical experience patient encounters, including the dates, times, and locations of all clinical experience patient encounters, and documentation of completion of the milestones defined in these rules. The applicant shall provide additional documentation to the board upon request. g. Certification.The training physician(s) and the training director shall certify on forms provided by the board that the applicant has successfully completed the minimum number of clinical experience patient encounters required and demonstrated competence in clinical assessment techniques and pathophysiology through completion of the milestones defined in these rules. 19.2(3) Practicum. An applicant shall have completed a practicum in accordance with the requirements of this subrule. During the practicum, a psychologist shall develop competencies in evaluating and treating patients with mental disorders through pharmacological intervention via observation and active participation. The practicum must be associated with the psychopharmacology training program from which the applicant obtained the postdoctoral master of science degree in clinical psychopharmacology and must be completed in a period of time not less than six months and not more than three years. a. Scope.At the beginning of the practicum, the psychologist shall directly observe the training physician evaluating and treating patients with mental disorders. After the training physician determines the psychologist has gained sufficient knowledge, the practicum shall transition to the psychologist’s evaluation and treatment of patients under the direct observation of the training physician. After the training physician determines the psychologist has gained sufficient knowledge and experience, the psychologist may evaluate and treat patients without being directly observed by the training physician, provided that the training physician is on site at all times when the psychologist is with patients, has personal contact with the patient at each visit, and is reviewing all pertinent medical records. During the practicum, the training physician shall make all final treatment decisions, with consultation from the psychologist prior to making a final determination regarding the psychopharmacological treatment of a patient. b. Minimum number of hours.A practicum shall consist of a minimum of 400 hours. Only hours spent face to face evaluating and treating patients with mental disorders and hours spent discussing treatment plans with a training physician may count as practicum hours. Time spent by the psychologist providing services that are within the scope of practice of a licensed psychologist, such as psychological examinations and psychotherapy, shall not be counted as practicum hours. c. Minimum number of patients.A psychologist shall see a minimum of 100 individual patients throughout the practicum. A patient can be counted toward this requirement if the patient has a diagnosed mental disorder and pharmacological intervention is considered as a treatment option, even if a decision is made not to prescribe a psychotropic medication to the patient. Over the course of the practicum, the psychologist shall observe, evaluate, and treat patients encompassing a range of ages and a variety of psychiatric diagnoses. d. Settings.At least 100 hours of the 400 hours must be completed in a psychiatric setting. At least 100 hours of the 400 hours must be completed in a primary care or community mental health setting. e. Conflict of interest.A training physician shall not be an employee of the psychologist or otherwise have a conflict of interest that could affect the training physician’s ability to impartially evaluate the psychologist’s performance. A psychologist may utilize more than one training physician. f. Milestones.To successfully complete the practicum, a psychologist shall demonstrate competency in each of the following: (1) Physical examination and mental status examination. The psychologist shall perform comprehensive and focused physical examinations and mental status evaluations, demonstrate proper use of instruments, and recognize variation associated with developmental stages and diversity. (2) Review of systems. The psychologist shall integrate information learned from patient reports, signs, symptoms, and a review of each major body system, recognizing normal developmental variations. (3) Medical history interview. The psychologist shall systematically conduct a patient clinical interview, producing a patient’s medical, surgical, psychiatric, and medication history, as well as a family medical and psychiatric history, and be able to communicate the findings in written and verbal form. (4) Assessment indications and interpretation. The psychologist shall order and interpret appropriate tests (e.g., psychometric, laboratory, and radiological) for the purpose of making a differential diagnosis and monitoring therapeutic and adverse effects of treatment. (5) Differential diagnosis. The psychologist shall determine primary and alternate diagnoses using established diagnostic criteria. (6) Integrated treatment planning. The psychologist shall identify and select, using all available data, the most appropriate treatment alternatives, including medication, psychosocial, and combined treatments, and sequence treatment within the larger biopsychosocial context. (7) Consultation and collaboration. The psychologist shall understand the parameters of the role of a prescribing psychologist and work with other professionals, including a patient’s primary care physician, in an advisory or collaborative manner to effectively treat a patient. (8) Treatment management. The psychologist shall apply, monitor, and modify as needed the treatment of a patient and learn to write valid and complete prescriptions. (9) Medical documentation. The psychologist shall demonstrate appropriate medical documentation for the patient-psychologist interaction to include subjective and objective assessment; mental status, physical examination findings, or both; formulation; diagnostic impression; and comprehensive treatment plan. g. Informed consent.At the initial contact, the psychologist shall inform the patient, or the patient’s legal guardian when appropriate, of the psychologist’s training role in the practicum. The psychologist shall provide sufficient information regarding the expectations and requirements of the practicum to obtain informed consent and appropriate releases. Upon request, the psychologist shall provide additional information regarding the psychologist’s education, training, or experience. h. Training documentation.The psychologist and the training director shall maintain documentation regarding all patients observed, evaluated, and treated by the psychologist as part of the practicum. The documentation shall clearly identify the training physician for each patient. The psychologist and the training director shall maintain documentation of all practicum hours, including the dates, times, and locations of all practicum hours, and documentation of completion of the milestones defined in these rules. The applicant shall provide additional documentation to the board upon request. i. Certification.The training physician(s) and the training director shall certify on forms provided by the board that the psychologist has successfully completed the minimum number of practicum hours, treated the minimum number of patients, and demonstrated competence in the evaluation and treatment of patients with mental disorders through pharmacological intervention through completion of the milestones defined in these rules. 19.2(4) Examination. A psychologist shall pass the Psychopharmacology Examination for Psychologists (PEP) administered by the APA Practice Organization’s College of Professional Psychology or by the Association of State and Provincial Psychology Boards. The passing score utilized by the board shall be the passing score recommended by the test administrator. The examination score shall be sent directly from the testing service to the board.653—19.3(148,154B) Supervised practice as a conditional prescribing psychologist—joint rule. A conditional prescribing psychologist shall complete a minimum of two years of supervised practice in prescribing psychotropic medications to patients with mental disorders in accordance with this rule to be eligible to apply for a prescription certificate. 19.3(1) Supervision plan. Prior to issuing a conditional prescription certificate, the board shall review and approve the proposed supervision plan. a. The proposed supervision plan must include the following: (1) The name, license number, address, telephone number, and email address of the supervisee. (2) The name, license number, date of licensure, area of specialization, address, telephone number, and email address of each supervising physician. (3) A designation of the primary supervising physician. (4) The beginning date of the supervision plan and estimated date of completion. (5) A description of the locations and settings where and with whom supervision will occur. (6) A description of the scope of practice of the conditional prescribing psychologist, including any limitations on the types of psychotropic medications that may be prescribed and the patient populations to which a prescription may be issued and including the expectations and responsibilities of the supervising physician. (7) A description of how the supervision plan may be terminated and the process for notifying affected patients. (8) Signatures of the psychologist and all supervising physicians. b. A conditional prescribing psychologist shall inform the board of any amendments to the conditional prescribing psychologist’s supervision plan, including the addition of any supervising physicians, within 30 days of the change. Amendments to a supervisory plan are subject to board approval. c. The board shall transmit all approved supervisory plans and approved amendments to the board of medicine. 19.3(2) Responsibilities of a supervising physician. A supervising physician shall provide supervision in accordance with rules established by the board of medicine. 19.3(3) Responsibilities of a conditional prescribing psychologist. At the initial contact, a conditional prescribing psychologist shall inform a patient, or a patient’s legal guardian when appropriate, that the conditional prescribing psychologist is practicing under the supervision of a physician for purposes of prescribing psychotropic medication and shall provide the name of the supervising physician. A conditional prescribing psychologist shall provide sufficient information regarding the supervision requirements to obtain informed consent and appropriate releases. Upon request, a conditional prescribing psychologist shall provide additional information regarding the conditional prescribing psychologist’s education, training, or experience with respect to prescribing psychotropic medications. 19.3(4) Specialization. A conditional prescribing psychologist shall complete the following training during the supervised practice period to be eligible to prescribe psychotropic medications to the respective population as a prescribing psychologist: a. Children.To prescribe to patients who are less than 17 years of age, a conditional prescribing psychologist shall complete at least one year of the required two years of supervised practice in either: (1) A pediatric practice, (2) A child and adolescent practice, or (3) A general practice provided the conditional prescribing psychologist treats a minimum of 50 patients who are less than 17 years of age. b. Elderly patients.To prescribe to patients who are over 65 years of age, a conditional prescribing psychologist shall complete at least one year of the required two years of supervised practice in either: (1) A geriatric practice, or (2) A general practice with patients across the lifespan including patients who are over 65 years of age. c. Serious medical conditions.To prescribe to patients with serious medical conditions including but not limited to heart disease, cancer, stroke, seizures, or comorbid psychological conditions, or patients with developmental disabilities and intellectual disabilities, a conditional prescribing psychologist shall complete at least one year prescribing psychotropic medications to patients with serious medical conditions. 19.3(5) Completion of supervised practice. A conditional prescribing psychologist shall see a minimum of 300 patients over a minimum of two years to complete the supervised practice period, provided each of the 300 patients has a diagnosed mental disorder and pharmacological intervention is considered as a treatment option, even if a decision is made not to prescribe a psychotropic medication to the patient. A conditional prescribing psychologist shall treat a minimum of 100 patients with psychotropic medication throughout the supervised practice period. a. At the conclusion of the supervised practice period, a primary supervising physician shall certify the following: (1) Supervision was provided in accordance with rules established by the board of medicine. (2) A conditional prescribing psychologist has successfully completed two years of supervised practice, considered at least 300 patients for psychopharmacological intervention, and treated at least 100 patients with psychotropic medications. (3) A conditional prescribing psychologist intending to specialize in the psychological care of children or elderly persons, or persons with serious medical conditions, has completed the requirements of subrule 19.3(4). (4) A conditional prescribing psychologist has successfully completed the supervised practice period and demonstrated competence in psychopharmacology by demonstrating competency in the milestones listed in paragraph 19.2(3)“f” sufficient to obtain a prescription certificate. b. If a conditional prescribing psychologist is unable to successfully complete the supervised practice period prior to the expiration of the conditional prescription certificate, the conditional prescribing psychologist may request an extension of the conditional prescription certificate provided that the conditional prescribing psychologist can demonstrate that the conditional prescribing psychologist is likely to successfully complete the supervised practice within the extended time requested. Any requests for extension must be submitted to and approved by both the board and the board of medicine.653—19.4(148,154B) Prescribing—joint rule. This rule applies to both conditional prescribing psychologists and prescribing psychologists. A psychologist shall comply with all prescription requirements described in 657—subrule 8.19(1). The following limits apply to a psychologist’s prescriptive authority:- A psychologist shall only prescribe psychotropic medications for the treatment of mental disorders.
- A psychologist shall only prescribe psychotropic medications in situations where the psychologist has adequate education and training to safely prescribe.
- A prescription shall identify the prescriber as a “psychologist certified to prescribe” and shall include the Iowa license number of the psychologist.
- A prescription issued by a conditional prescribing psychologist shall contain the name of the supervising physician overseeing the care of the patient.
- A psychologist shall not delegate prescriptive authority to any other person.
- A psychologist is prohibited from prescribing narcotics as defined in Iowa Code section 124.101.
- A psychologist shall maintain an active DEA registration and an active CSA registration in order to dispense, prescribe, or administer controlled substances.
- A psychologist shall not self-prescribe nor prescribe to any person who is a member of the psychologist’s immediate family or household.
- Before prescribing a psychotropic medication that is classified as a controlled substance, a psychologist shall check the patient’s prescriptive profile using the Iowa prescription monitoring program.
- To prescribe to a patient who is pregnant or lactating, a psychologist shall consult with the patient’s obstetrician-gynecologist or the physician managing the patient’s pregnancy or postpartum care regarding all prescribing decisions. A psychologist shall not prescribe a psychotropic medication to a patient if the patient’s obstetrician-gynecologist or the physician managing care objects on the basis of a contraindication.
- To prescribe to a patient who has a serious medical condition, including but not limited to heart disease, kidney disease, liver disease, cancer, stroke, seizures, or comorbid psychological conditions, or to a patient who has a developmental or intellectual disability, a psychologist shall consult with the physician who is managing the comorbid condition for that patient regarding all prescribing decisions. A psychologist shall not prescribe a psychotropic medication if the patient’s physician objects on the basis of a contraindication.
Proposing rule making related to license fees and providing an opportunity for public comment
The Natural Resource Commission hereby proposes to amend Chapter 15, “General License Regulations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6), 483A.1, and 483A.6B.State or Federal Law Implemented This rule making implements, in whole or in part, 2018 Iowa Acts, House File 631.Purpose and Summary Chapter 15 provides rules for license sales, refunds, and administration; implementation of the wildlife violator compact and penalties for multiple offenses; and administration of special licenses available for hunting and fishing, and it describes and implements certification and education programs of the Department of Natural Resources (Department). Previously, all fees for Department-issued fishing, hunting, fur harvester, and related licenses were established via statute and listed in Iowa Code section 483A.1. During the 87th General Assembly, 2018 Iowa Acts, House File 631 was passed, and on May 17, 2018, it was signed into law by Governor Kim Reynolds. House File 631 removes all license fees from Iowa Code section 483A.1 and directs the Commission to adopt administrative rules establishing such fees. House File 631 allows for an increase in those fees in this current rule making and grants the Commission the authority to institute future fee increases through the rule-making process. Lastly, House File 631 allows for the creation of a new five-day, nonresident hunting license. Currently, a nonresident must purchase an annual nonresident hunting license in order to hunt in Iowa as there is no option for a license covering a shorter period of time. This rule making creates a fee for this new license. Chapter 15 is amended to provide a list of Department-issued licenses, primarily related to fishing, hunting, and fur harvesting, and their associated fees. This list is substantively the same as that which was previously found in the Iowa Code. Minor changes are made for clarity, including listing popular combinations of licenses/fees (e.g., annual hunting license plus the habitat fee) on a single line showing the total combined fee. License fees are increased by 0 to 20 percent over current levels, depending on the individual license type, resulting in a total increase in revenue of just under 17 percent. By law, this revenue is directed to the State Fish and Game Protection Trust Fund (Trust Fund). The Trust Fund is a constitutionally protected fund that can be spent only on fish and wildlife conservation activities within the state.Fiscal Impact This rule making has a fiscal impact to the State of Iowa. The license fee increases in this rule making will result in an estimated annual increase in revenue to the Trust Fund of $4.5 million over the fee levels previously found in Iowa Code section 483A.1. Approximately $3.1 million of this increase will come from license purchases by Iowa residents; the remaining $1.4 million of this increase will result from license purchases by nonresidents. The proposed license fee increase will allow the Department to maintain the current level of service provided and in some cases will restore services that had been previously reduced. A copy of the fiscal impact statement is available upon request from the Department. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. The following types of jobs are positively impacted by fishing, hunting, and trapping generally in the state of Iowa, none of which should see a noticeable change due to this rule making: equipment retailers (weapons, ammunition, clothing, chairs, stands, binoculars, and other supporting equipment); field guides and outfitters; taxidermists; and restaurants, hotels, and gas stations for hunters and anglers traveling around the state. Iowa’s 579,000 hunters and anglers support Iowa’s economy through spending more than $779 million annually while engaged in their pursuits. This spending accounts for approximately 11,548 jobs and generates $77 million in state and local taxes (see Iowa Hunting and Fishing Day Proclamation, signed by Governor Reynolds on September 21, 2017). A copy of the impact statement is available upon request from the Department. Waivers This rule is subject to the waiver provisions of 561—Chapter 10. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Joe Larscheid Department of Natural Resources Wallace State Office Building502 East Ninth StreetDes Moines, Iowa 50319-0034 Email: wildlife@dnr.iowa.govPublic Hearing Six public hearings at which persons may present their views orally or in writing will be held as follows: August 21, 2018 12 noon to 2 p.m. Wallace State Office Building Conference Room 4W Des Moines, Iowa August 21, 2018 12 noon to 2 p.m. Spirit Lake Hatchery Conference Room 122 252nd Avenue Spirit Lake, Iowa August 21, 2018 12 noon to 2 p.m. Ventura Wildlife Office Conference Room 15300 Balsam Avenue Ventura, Iowa August 21, 2018 12 noon to 2 p.m. Cold Springs District Office Conference Room 57744 Lewis Road Lewis, Iowa August 21, 2018 12 noon to 2 p.m. Delaware County Conservation Board Conference Room 2379 Jefferson Road Manchester, Iowa August 21, 2018 12 noon to 2 p.m. Lake Darling District Office Conference Room 110 Lake Darling Road Brighton, Iowa Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 571—15.1(483A) as follows:571—15.1(483A) Scope. The purposes of this chapter are to provide rules for licensefees, sales, refunds and administration; implement the wildlife violator compact and penalties for multiple offenses; administer special licenses available for hunting and fishing; and describe and implement certification and education programs of the department of natural resources. ITEM 2. Adopt the following new rule 571—15.12(483A):571—15.12(483A) Licenses—fees. Except as otherwise provided by law, a person shall not fish, trap, hunt, harvest, pursue, catch, kill, take in any manner, use, have possession of, sell, or transport all or a part of any wild animal, bird, game, turtle, or fish, the protection and regulation of which is desirable for the conservation of resources of the state, without first obtaining a license for that purpose and paying a fee as follows: 15.12(1) Residents. a. Fishing license, annual — $20. b. Fishing license, three-year — $60. c. Fishing license, seven-day — $13.50. d. Fishing license, one-day — $8.50. e. Third-line fishing permit, annual — $12. f. Fishing license, lifetime, 65 years of age or older — $59.50. g. Fishing license, lifetime, disabled veteran or POW — $5. h. Paddlefish fishing license, annual — $23.50. i. Trout fishing fee — $12.50. j. Boundary waters sport trotline license, annual — $24. k. Hunting license, annual — $20. l. Hunting license, annual, including the wildlife habitat fee — $33. m. Hunting license, three-year, including the wildlife habitat fee — $99. n. Hunting license, lifetime, 65 years of age or older — $59.50. o. Combination hunting and fishing license, annual, including the wildlife habitat fee — $53. p. Combination hunting and fishing license, lifetime, disabled veteran or POW — $5. q. Deer hunting license — $30. r. First antlerless deer license — $25.50. s. Additional antlerless deer license — $12. t. Wildlife habitat fee — $13. u. Migratory game bird fee — $10. v. Wild turkey hunting license — $26.50. w. Fur harvester license, annual — $24. x. Fur harvester license, annual, including the wildlife habitat fee — $37. y. Fur harvester license, annual, under 16 years of age — $5.50. z. Fur harvester license, lifetime, 65 years of age or older — $59.50. aa. Fur dealer license, annual — $264. bb. Aquaculture unit license, annual — $30. cc. Retail bait dealer license, annual — $36. dd. Wholesale bait dealer license, annual — $146.50. ee. Game breeder license, annual — $18. ff. Taxidermy license, annual — $18. 15.12(2) Nonresidents. a. Fishing license, annual — $46. b. Fishing license, seven-day — $35.50. c. Fishing license, three-day — $18.50. d. Fishing license, one-day — $10. e. Third-line fishing permit, annual — $12. f. Paddlefish fishing license, annual — $47. g. Trout fishing fee — $15.50. h. Boundary waters sport trotline license, annual — $47.50. i. Hunting license, annual — $129. j. Hunting license, annual, including the wildlife habitat fee — $142. k. Hunting license, annual, under 18 years of age — $30. l. Hunting license, annual, under 18 years of age, including the wildlife habitat fee — $43. m. Hunting license, five-day (not applicable to deer or wild turkey seasons) — $75. n. Hunting license, five-day, including the wildlife habitat fee (not applicable to deer or wild turkey seasons) — $88. o. Deer hunting license, antlered or any-sex deer — $345.50. p. Deer hunting license, antlerless-deer-only, required with the purchase of an antlered or any-sex deer hunting license — $146.50. q. Deer hunting license, antlerless-deer-only — $263.50. r. Preference point issued under Iowa Code section 483A.7(3)“b” or 483A.8(3)“e” — $58.50. s. Holiday deer hunting license issued under Iowa Code section 483A.8(6), antlerless-deer-only — $88. t. Wildlife habitat fee — $13. u. Migratory game bird fee — $10. v. Wild turkey hunting license, annual — $117. w. Fur harvester license, annual — $232. x. Fur harvester license, annual, including the wildlife habitat fee — $245. y. Fur dealer license, annual — $586.50. z. Fur dealer license, one day, one location — $292.50. aa. Location permit for fur dealer — $66. bb. Aquaculture unit license, annual — $66. cc. Retail bait dealer license, annual — $146.50. dd. Wholesale bait dealer license, annual — $292.50. ee. Game breeder license, annual — $30.50. ff. Taxidermy license, annual — $30.50.ARC 3904CProfessional Licensure Division[645]Notice of Intended ActionProposing rule making related to prescribing psychologists and providing an opportunity for public comment
The Board of Psychology hereby proposes to adopt new Chapter 244, “Prescribing Psychologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 154B.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 154B.1 and 154B.9 to 154B.14.Purpose and Summary The purpose of this rule making is to define the requirements for licensed psychologists to prescribe psychotropic medications to patients with mental disorders. The proposed chapter defines a conditional prescription certificate, sets forth the requirement for supervised practice under a conditional prescription certificate, defines a prescription certificate, sets forth the requirements to apply for a prescription certificate, sets forth the requirements for collaborative practice, sets forth the limitations on prescribing, sets forth the requirements for continuing education, sets forth the grounds for discipline, establishes a requirement to share complaints with the Board of Medicine, and sets forth the procedure for waiving or amending the joint rules. Several of the proposed rules are joint rules, which are being promulgated jointly by the Board of Psychology and the Board of Medicine (ARC 3905C, IAB 8/1/18).Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Sharon Dozier Department of Public Health Lucas State Office Building 321 East 12th StreetDes Moines, Iowa 50319 Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: August 21, 2018Iowa Board of Medicine, Suite C10 a.m. to 12 noon400 S.W. Eighth StreetDes Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new 645—Chapter 244: CHAPTER 244PRESCRIBING PSYCHOLOGISTS645—244.1(148,154B) Definitions—joint rule. "APA" means the American Psychological Association. "Applicant" means a psychologist applying for a conditional prescription certificate. "Board" means the Iowa board of psychology. "Board of medicine" means the Iowa board of medicine. "Collaborating physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine in Iowa, who regularly prescribes psychotropic medications for the treatment of mental disorders as part of the physician’s normal course of practice, and who serves as a resource for a prescribing psychologist pursuant to a collaborative practice agreement. A collaborating physician shall be board-certified in family medicine, internal medicine, neurology, pediatrics, or psychiatry. "Conditional prescribing psychologist" means a person licensed to practice psychology in Iowa who holds an active conditional prescription certificate. This term does not include prescribing psychologists. "Conditional prescription certificate" means a certificate issued by the board to a psychologist that permits the psychologist to prescribe psychotropic medication under the supervision of a supervising physician. "CSA registration" means a Controlled Substance Act registration issued by the Iowa board of pharmacy authorizing a psychologist to possess and prescribe controlled substances. "DEA registration" means a mid-level practitioner registration with the Drug Enforcement Administration authorizing a psychologist to possess and prescribe controlled substances. "Joint rule" means a rule adopted by agreement of the board of psychology and the board of medicine through the joint rule-making process. "Mental disorder" means a disorder which is defined by the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or contained within the mental and behavioral disorders chapter of the most recent version of the International Classification of Diseases. "Prescribing psychologist" means a person licensed to practice psychology in Iowa who holds an active prescription certificate. This term does not include conditional prescribing psychologists. "Prescription certificate" means a certificate issued by the board to a psychologist that permits the psychologist to prescribe psychotropic medication. "Primary care physician" means a person licensed to practice medicine and surgery or osteopathic medicine in Iowa who is responsible for the ongoing medical care of a patient. "Psychologist" means a person licensed to practice psychology in Iowa. "Psychotropic medication" means a medication that shall not be dispensed or administered without a prescription and that has been explicitly approved by the federal Food and Drug Administration for the treatment of a mental disorder, as defined by the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or the most recent version of the International Classification of Diseases. “Psychotropic medication” does not include narcotics. "Supervising physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine in Iowa, who regularly prescribes psychotropic medications for the treatment of mental disorders as part of the physician’s normal course of practice, and who supervises a conditional prescribing psychologist. A supervising physician shall be board-certified in family medicine, internal medicine, neurology, pediatrics, or psychiatry. "Training director" means an employee of the psychopharmacology training program who is primarily responsible for directing the training program. "Training physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine in Iowa, who regularly prescribes psychotropic medications for the treatment of mental disorders as part of the physician’s normal course of practice, and who provides training to a psychologist as part of the clinical experience and practicum described in rule 645—244.3(148,154B). A training physician shall be board-certified in family medicine, internal medicine, neurology, pediatrics, or psychiatry. A training physician shall be approved by the psychopharmacology training program. 645—244.2(154B) Conditional prescription certificate. A conditional prescription certificate shall authorize a psychologist to prescribe psychotropic medications to patients with mental disorders under supervision in accordance with the requirements of this chapter. 244.2(1) Application. Unless a basis for denial exists in accordance with rule 645—244.9(154B), the board shall issue a conditional prescription certificate to an applicant who satisfies the following requirements: a. Holds an active license to practice psychology in Iowa and an active health service provider certification issued by the board. Both the license and the health service provider certification must be in good standing. b. Meets the educational requirements set forth in rule 645—244.3(148,154B). Official academic transcripts shall be sent directly from the school to the board. c. Submits a supervision plan in accordance with subrule 244.4(1). d. Possesses malpractice insurance that covers the prescribing of psychotropic medications. e. Submits a completed application and a nonrefundable application fee of $270. 244.2(2) Term. A conditional prescription certificate shall be valid for a period of four years from the date of issuance. The board shall not renew a conditional prescription certificate unless a conditional prescribing psychologist cannot complete the requirements of supervised practice within four years due to extenuating circumstances. A conditional prescribing psychologist may request an extension of a conditional prescription certificate when extenuating circumstances exist to provide additional time for the requirements of supervised practice to be met. 645—244.3(148,154B) Educational requirements for conditional prescription certificate—joint rule. An applicant for a conditional prescription certificate shall have completed a program of study designated by the APA as a program for the psychopharmacology training of postdoctoral psychologists. The program must have included didactic instruction, a clinical experience, and a practicum satisfying the requirements of this rule. A minimum of 40 hours of basic training on clinical assessment skills shall be included as part of the program’s didactic instruction. 244.3(1) Degree. An applicant shall possess a postdoctoral master of science degree in clinical psychopharmacology from a program designated by the APA as a program for the psychopharmacology training of postdoctoral psychologists. The degree program must be a minimum of 30 credit hours not including the practicum and shall include coursework in basic science, neuroscience, clinical medicine, pathological basis of disease, clinical pharmacology, psychopharmacology, and professional, ethical and legal issues. A minimum of one-third of the coursework must be completed in a live interactive format. The date the degree is conferred must be within the five-year period immediately preceding the application for a conditional prescription certificate. A program must be designated by the APA at the time the degree is conferred. 244.3(2) Clinical experience. An applicant shall have completed a clinical experience in accordance with the requirements of this subrule. During the clinical experience, a psychologist shall learn clinical assessment techniques and pathophysiology through direct observation and hands-on training with a training physician. During the clinical experience, a psychologist shall become competent in health history interviews, physical examinations, and neurological examinations with a medically diverse patient population. The clinical experience must be associated with the psychopharmacology training program from which the psychologist obtained the postdoctoral master of science degree in clinical psychopharmacology. a. Scope.At the beginning of the clinical experience, the psychologist shall directly observe the training physician performing clinical assessments of patients. After the training physician determines the psychologist has gained sufficient knowledge, the clinical experience shall transition to the psychologist’s performance of clinical assessments of patients under the direct observation of the training physician. After the training physician determines the psychologist has gained sufficient knowledge and experience, the psychologist may perform clinical assessments of patients without being directly observed by the training physician, provided that the training physician is on site at all times when the psychologist is with patients and is reviewing all medical records. A psychologist and a training physician shall have ongoing discussions regarding the psychologist’s clinical assessment skills and progress in the clinical experience. b. Minimum experience.The clinical experience shall consist of a minimum of 600 patient encounters that shall be completed by the end of the practicum. c. Conflict of interest.A training physician shall not be an employee of the psychologist or otherwise have a conflict of interest that could affect the training physician’s ability to impartially evaluate the psychologist’s performance. A psychologist may utilize more than one training physician. d. Milestones.To satisfactorily complete the clinical experience, a psychologist shall demonstrate competency in each of the following: (1) Perform a health history interview to obtain pertinent information regarding a patient’s chief complaint, history of the present illness, past medical and surgical history, family history, allergies, medications, and psychosocial history. The psychologist shall perform a review of systems to elicit a health history and shall appropriately document the health history. (2) Perform a physical examination in a logical sequence, ensuring appropriate positioning of the patient, proper patient draping, and proper application of the principles of asepsis throughout the examination. The psychologist shall verbalize and assess the components of a general survey and be able to accurately assess all of the following: vital signs, including pulse, respiration, and blood pressure; skin, hair and nails; head, face and neck; eyes; ears, nose, mouth and throat; thorax, lungs and axillae; heart; peripheral vascular system; abdomen; and musculoskeletal system. The psychologist shall be proficient in utilizing any equipment needed to conduct a physical examination. (3) Complete a neurological examination demonstrating knowledge of the history related to the neurological system and the ability to assess the following: mental status, cranial nerves, motor system, sensory system, and reflexes. The psychologist shall differentiate normal laboratory values from abnormal laboratory values and correlate abnormal laboratory values with impaired physiological systems. The psychologist shall identify adverse drug reactions and identify laboratory data and physical signs indicating an adverse drug reaction. e. Informed consent.At the initial contact, the psychologist shall inform the patient, or the patient’s legal guardian when appropriate, of the psychologist’s training role in the clinical experience. The psychologist shall provide sufficient information regarding the expectations and requirements of the clinical experience to obtain informed consent and appropriate releases. Upon request, the psychologist shall provide additional information regarding the psychologist’s education, training, or experience. f. Training documentation.The psychologist and the training director shall maintain documentation accounting for all clinical experience patient encounters, including the dates, times, and locations of all clinical experience patient encounters, and documentation of completion of the milestones defined in these rules. The applicant shall provide additional documentation to the board upon request. g. Certification.The training physician(s) and the training director shall certify on forms provided by the board that the applicant has successfully completed the minimum number of clinical experience patient encounters required and demonstrated competence in clinical assessment techniques and pathophysiology through completion of the milestones defined in these rules. 244.3(3) Practicum. An applicant shall have completed a practicum in accordance with the requirements of this subrule. During the practicum, a psychologist shall develop competencies in evaluating and treating patients with mental disorders through pharmacological intervention via observation and active participation. The practicum must be associated with the psychopharmacology training program from which the applicant obtained the postdoctoral master of science degree in clinical psychopharmacology and must be completed in a period of time not less than six months and not more than three years. a. Scope.At the beginning of the practicum, the psychologist shall directly observe the training physician evaluating and treating patients with mental disorders. After the training physician determines the psychologist has gained sufficient knowledge, the practicum shall transition to the psychologist’s evaluation and treatment of patients under the direct observation of the training physician. After the training physician determines the psychologist has gained sufficient knowledge and experience, the psychologist may evaluate and treat patients without being directly observed by the training physician, provided that the training physician is on site at all times when the psychologist is with patients, has personal contact with the patient at each visit, and is reviewing all pertinent medical records. During the practicum, the training physician shall make all final treatment decisions, with consultation from the psychologist prior to making a final determination regarding the psychopharmacological treatment of a patient. b. Minimum number of hours.A practicum shall consist of a minimum of 400 hours. Only hours spent face to face evaluating and treating patients with mental disorders and hours spent discussing treatment plans with a training physician may count as practicum hours. Time spent by the psychologist providing services that are within the scope of practice of a licensed psychologist, such as psychological examinations and psychotherapy, shall not be counted as practicum hours. c. Minimum number of patients.A psychologist shall see a minimum of 100 individual patients throughout the practicum. A patient can be counted toward this requirement if the patient has a diagnosed mental disorder and pharmacological intervention is considered as a treatment option, even if a decision is made not to prescribe a psychotropic medication to the patient. Over the course of the practicum, the psychologist shall observe, evaluate, and treat patients encompassing a range of ages and a variety of psychiatric diagnoses. d. Settings.At least 100 hours of the 400 hours must be completed in a psychiatric setting. At least 100 hours of the 400 hours must be completed in a primary care or community mental health setting. e. Conflict of interest. A training physician shall not be an employee of the psychologist or otherwise have a conflict of interest that could affect the training physician’s ability to impartially evaluate the psychologist’s performance. A psychologist may utilize more than one training physician. f. Milestones.To successfully complete the practicum, a psychologist shall demonstrate competency in each of the following: (1) Physical examination and mental status examination. The psychologist shall perform comprehensive and focused physical examinations and mental status evaluations, demonstrate proper use of instruments, and recognize variation associated with developmental stages and diversity. (2) Review of systems. The psychologist shall integrate information learned from patient reports, signs, symptoms, and a review of each major body system, recognizing normal developmental variations. (3) Medical history interview. The psychologist shall systematically conduct a patient clinical interview, producing a patient’s medical, surgical, psychiatric, and medication history, as well as a family medical and psychiatric history, and be able to communicate the findings in written and verbal form. (4) Assessment indications and interpretation. The psychologist shall order and interpret appropriate tests (e.g., psychometric, laboratory, and radiological) for the purpose of making a differential diagnosis and monitoring therapeutic and adverse effects of treatment. (5) Differential diagnosis. The psychologist shall determine primary and alternate diagnoses using established diagnostic criteria. (6) Integrated treatment planning. The psychologist shall identify and select, using all available data, the most appropriate treatment alternatives, including medication, psychosocial, and combined treatments, and sequence treatment within the larger biopsychosocial context. (7) Consultation and collaboration. The psychologist shall understand the parameters of the role of a prescribing psychologist and work with other professionals, including a patient’s primary care physician, in an advisory or collaborative manner to effectively treat a patient. (8) Treatment management. The psychologist shall apply, monitor, and modify as needed the treatment of a patient and learn to write valid and complete prescriptions. (9) Medical documentation. The psychologist shall demonstrate appropriate medical documentation for the patient-psychologist interaction to include subjective and objective assessment; mental status, physical examination findings, or both; formulation; diagnostic impression; and comprehensive treatment plan. g. Informed consent.At the initial contact, the psychologist shall inform the patient, or the patient’s legal guardian when appropriate, of the psychologist’s training role in the practicum. The psychologist shall provide sufficient information regarding the expectations and requirements of the practicum to obtain informed consent and appropriate releases. Upon request, the psychologist shall provide additional information regarding the psychologist’s education, training, or experience. h. Training documentation.The psychologist and the training director shall maintain documentation regarding all patients observed, evaluated, and treated by the psychologist as part of the practicum. The documentation shall clearly identify the training physician for each patient. The psychologist and the training director shall maintain documentation of all practicum hours, including the dates, times, and locations of all practicum hours, and documentation of completion of the milestones defined in these rules. The applicant shall provide additional documentation to the board upon request. i. Certification.The training physician(s) and the training director shall certify on forms provided by the board that the psychologist has successfully completed the minimum number of practicum hours, treated the minimum number of patients, and demonstrated competence in the evaluation and treatment of patients with mental disorders through pharmacological intervention through completion of the milestones defined in these rules. 244.3(4) Examination. A psychologist shall pass the Psychopharmacology Examination for Psychologists (PEP) administered by the APA Practice Organization’s College of Professional Psychology or by the Association of State and Provincial Psychology Boards. The passing score utilized by the board shall be the passing score recommended by the test administrator. The examination score shall be sent directly from the testing service to the board.645—244.4(148,154B) Supervised practice as a conditional prescribing psychologist—joint rule. A conditional prescribing psychologist shall complete a minimum of two years of supervised practice in prescribing psychotropic medications to patients with mental disorders in accordance with this rule to be eligible to apply for a prescription certificate. 244.4(1) Supervision plan. Prior to issuing a conditional prescription certificate, the board shall review and approve the proposed supervision plan. a. The proposed supervision plan must include the following: (1) The name, license number, address, telephone number, and email address of the supervisee. (2) The name, license number, date of licensure, area of specialization, address, telephone number, and email address of each supervising physician. (3) A designation of the primary supervising physician. (4) The beginning date of the supervision plan and estimated date of completion. (5) A description of the locations and settings where and with whom supervision will occur. (6) A description of the scope of practice of the conditional prescribing psychologist, including any limitations on the types of psychotropic medications that may be prescribed and the patient populations to which a prescription may be issued and including the expectations and responsibilities of the supervising physician. (7) A description of how the supervision plan may be terminated and the process for notifying affected patients. (8) Signatures of the psychologist and all supervising physicians. b. A conditional prescribing psychologist shall inform the board of any amendments to the conditional prescribing psychologist’s supervision plan, including the addition of any supervising physicians, within 30 days of the change. Amendments to a supervisory plan are subject to board approval. c. The board shall transmit all approved supervisory plans and approved amendments to the board of medicine. 244.4(2) Responsibilities of a supervising physician. A supervising physician shall provide supervision in accordance with rules established by the board of medicine. 244.4(3) Responsibilities of a conditional prescribing psychologist. At the initial contact, a conditional prescribing psychologist shall inform a patient, or a patient’s legal guardian when appropriate, that the conditional prescribing psychologist is practicing under the supervision of a physician for purposes of prescribing psychotropic medication and shall provide the name of the supervising physician. A conditional prescribing psychologist shall provide sufficient information regarding the supervision requirements to obtain informed consent and appropriate releases. Upon request, a conditional prescribing psychologist shall provide additional information regarding the conditional prescribing psychologist’s education, training, or experience with respect to prescribing psychotropic medications. 244.4(4) Specialization. A conditional prescribing psychologist shall complete the following training during the supervised practice period to be eligible to prescribe psychotropic medications to the respective population as a prescribing psychologist: a. Children.To prescribe to patients who are less than 17 years of age, a conditional prescribing psychologist shall complete at least one year of the required two years of supervised practice in either: (1) A pediatric practice, (2) A child and adolescent practice, or (3) A general practice provided the conditional prescribing psychologist treats a minimum of 50 patients who are less than 17 years of age. b. Elderly patients. To prescribe to patients who are over 65 years of age, a conditional prescribing psychologist shall complete at least one year of the required two years of supervised practice in either: (1) A geriatric practice, or (2) A general practice with patients across the lifespan including patients who are over 65 years of age. c. Serious medical conditions.To prescribe to patients with serious medical conditions including but not limited to heart disease, cancer, stroke, seizures, or comorbid psychological conditions, or patients with developmental disabilities and intellectual disabilities, a conditional prescribing psychologist shall complete at least one year prescribing psychotropic medications to patients with serious medical conditions. 244.4(5) Completion of supervised practice. A conditional prescribing psychologist shall see a minimum of 300 patients over a minimum of two years to complete the supervised practice period, provided each of the 300 patients has a diagnosed mental disorder and pharmacological intervention is considered as a treatment option, even if a decision is made not to prescribe a psychotropic medication to the patient. A conditional prescribing psychologist shall treat a minimum of 100 patients with psychotropic medication throughout the supervised practice period. a. At the conclusion of the supervised practice period, a primary supervising physician shall certify the following: (1) Supervision was provided in accordance with rules established by the board of medicine. (2) A conditional prescribing psychologist has successfully completed two years of supervised practice, considered at least 300 patients for psychopharmacological intervention, and treated at least 100 patients with psychotropic medications. (3) A conditional prescribing psychologist intending to specialize in the psychological care of children or elderly persons, or persons with serious medical conditions, has completed the requirements of subrule 244.4(4). (4) A conditional prescribing psychologist has successfully completed the supervised practice period and demonstrated competence in psychopharmacology by demonstrating competency in the milestones listed in paragraph 244.3(3)“f” sufficient to obtain a prescription certificate. b. If a conditional prescribing psychologist is unable to successfully complete the supervised practice period prior to the expiration of the conditional prescription certificate, the conditional prescribing psychologist may request an extension of the conditional prescription certificate provided that the conditional prescribing psychologist can demonstrate that the conditional prescribing psychologist is likely to successfully complete the supervised practice within the extended time requested. Any requests for extension must be submitted to and approved by both the board and the board of medicine.645—244.5(154B) Prescription certificate. A prescription certificate shall authorize a psychologist to prescribe psychotropic medications to patients with mental disorders in accordance with the requirements of this chapter. 244.5(1) Application. Unless a basis for denial exists in accordance with rule 645—244.9(154B), the board shall issue a prescription certificate to a conditional prescribing psychologist who satisfies the following requirements: a. Holds an active license to practice psychology in Iowa, an active health service provider certification issued by the board, and an active conditional prescription certificate. The license, certification, and certificate must all be in good standing. b. Submits documentation regarding successful completion of the supervised practice period. c. Submits a collaborative practice agreement in accordance with rule 645—244.8(148,154B). d. Possesses malpractice insurance that covers the prescribing of psychotropic medications. e. Submits a completed application and a nonrefundable application fee of $60. 244.5(2) Initial term and renewal. An initial prescription certificate shall be valid through the current expiration date of the applicant’s psychologist license. Thereafter, a prescription certificate shall be renewed biennially concurrent with the renewal of the psychologist license. A prescribing psychologist may renew a prescription certificate by submitting a completed renewal application and a nonrefundable application fee of $60. A prescribing psychologist is responsible for renewing the prescription certificate prior to its expiration. 244.5(3) Continuing education required. A prescribing psychologist shall complete a minimum of 20 hours of continuing education in psychopharmacology each year. A total of 40 hours of continuing education in psychopharmacology is required to renew a prescription certificate. These hours are separate from, and in addition to, the continuing education hours needed to renew a psychologist license pursuant to 645—Chapter 241. If a psychologist specializes in treating children, a minimum of 10 hours of continuing education in psychopharmacology each year, for a total of 20 hours of continuing education per renewal period, must be directly related to prescribing psychotropic medication to children. 244.5(4) Late renewal. A prescription certificate shall become late when it has not been renewed prior to the expiration date. To renew a late prescription certificate, a prescribing psychologist shall complete the renewal requirements and submit a late fee of $60 within 30 days following the prescription certificate expiration date. A prescribing psychologist who fails to renew a prescription certificate within 30 days following the prescription certificate expiration date shall have an inactive prescription certificate. A psychologist whose prescription certificate is inactive continues to hold the privilege of certification in Iowa but may not prescribe psychotropic medications until the prescription certificate is reactivated. 244.5(5) Reactivation. To apply for reactivation of an inactive prescription certificate, a psychologist shall submit a completed reactivation application, a nonrefundable fee of $60, and documentation of a minimum of 40 hours of continuing education in psychopharmacology taken within the preceding two years. If a prescription certificate has been inactive for more than five years, a psychologist shall demonstrate competence in psychopharmacology through one of the following means: a. Practiced as a prescribing psychologist in another jurisdiction in the preceding two years. b. Completed a period of supervised practice for a minimum of 12 months. The board may issue a conditional prescription certificate to complete a supervised practice period for purposes of prescription certificate reactivation.645—244.6(148,154B) Prescribing—joint rule. This rule applies to both conditional prescribing psychologists and prescribing psychologists. A psychologist shall comply with all prescription requirements described in 657—subrule 8.19(1). The following limits apply to a psychologist’s prescriptive authority:- A psychologist shall only prescribe psychotropic medications for the treatment of mental disorders.
- A psychologist shall only prescribe psychotropic medications in situations where the psychologist has adequate education and training to safely prescribe.
- A prescription shall identify the prescriber as a “psychologist certified to prescribe” and shall include the Iowa license number of the psychologist.
- A prescription issued by a conditional prescribing psychologist shall contain the name of the supervising physician overseeing the care of the patient.
- A psychologist shall not delegate prescriptive authority to any other person.
- A psychologist is prohibited from prescribing narcotics as defined in Iowa Code section 124.101.
- A psychologist shall maintain an active DEA registration and an active CSA registration in order to dispense, prescribe, or administer controlled substances.
- A psychologist shall not self-prescribe nor prescribe to any person who is a member of the psychologist’s immediate family or household.
- Before prescribing a psychotropic medication that is classified as a controlled substance, a psychologist shall check the patient’s prescriptive profile using the Iowa prescription monitoring program.
- To prescribe to a patient who is pregnant or lactating, a psychologist shall consult with the patient’s obstetrician-gynecologist or the physician managing the patient’s pregnancy or postpartum care regarding all prescribing decisions. A psychologist shall not prescribe a psychotropic medication to a patient if the patient’s obstetrician-gynecologist or the physician managing care objects on the basis of a contraindication.
- To prescribe to a patient who has a serious medical condition, including but not limited to heart disease, kidney disease, liver disease, cancer, stroke, seizures, or comorbid psychological conditions, or to a patient who has a developmental or intellectual disability, a psychologist shall consult with the physician who is managing the comorbid condition for that patient regarding all prescribing decisions. A psychologist shall not prescribe a psychotropic medication if the patient’s physician objects on the basis of a contraindication.
Proposing rule making related to problem gambling, test samples, and Iowa-foaled horse allowance and providing an opportunity for public comment
The Racing and Gaming Commission hereby proposes to amend Chapter 5, “Track, Gambling Structure, and Excursion Gambling Boat Licensees’ Responsibilities,” and Chapter 10, “Thoroughbred and Quarter Horse Racing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 99D.7 and 99F.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 99D and 99F.Purpose and Summary The proposed amendments implement legislation passed in 2018. Item 1 implements 2018 Iowa Acts, House File 2349, which amends Iowa Code sections 99D.7(23) and 99F.4(22). Items 2 and 3 and 5 through 7 implement 2018 Iowa Acts, House File 2439, which amends Iowa Code sections 99D.23(1) and 99D.23(2) to add “hair” as an allowable sample for testing purposes. Item 4 implements 2018 Iowa Acts, House File 2439, which amends Iowa Code section 99D.22(1)“a” with regard to Iowa-foaled horses. Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Commission no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Barb Blake Iowa Racing and Gaming Commission 1300 Des Moines StreetDes Moines, Iowa 50309Email: barb.blake@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: August 21, 2018 Commission Office, Suite 100 9 a.m. 1300 Des Moines Street Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 5.4(12) as follows: 5.4(12) Problem gambling. a. The holder of a license to operate gambling games and the holder of a license to accept simulcast wagering shall adopt and implement policies and procedures designed to: (1) Identify problem gamblers; and (2) Comply with the process established by the commission to allow a person to be voluntarily excluded from the gaming floor of an excursion gambling boat, from the wagering area as defined in Iowa Code section 99D.2, and from the gaming floor of all other licensed facilities or gambling activities regulated under Iowa Code chapters 99D and 99F; and (2) (3) Allow persons to be voluntarily excluded for five years or life from all facilitieson a form prescribed by the commission. Each facility will disseminate information regarding the exclusion to all other facilitieslicensees and the commission. b. The policies and procedures shall be developed in cooperation with the gambling treatment program and shall include without limitation the following: (1) Training of key employees to identify and report suspected problem gamblers; (2) Procedures for recording and tracking identified problem gamblers; (3) Policies designed to prevent serving alcohol to intoxicated casino patrons; (4) Steps for removing problem gamblers from the casino; and (5) Procedures for preventing reentry of problem gamblers. c. A licensee shall include information on the availability of the gambling treatment program in a substantial number of its advertisements and printed materials. d. Money forfeited by a voluntarily excluded person pursuant to Iowa Code sections 99D.7(23) and 99F.4(22) shall be withheld by the licensee and remitted to the general fund of the state by the licensee. ITEM 2. Amend rule 491—10.1(99D), definition of “Test sample,” as follows: "Test sample" means any bodily substance including, but not limited to, blood,or urine, or hair taken from a horse under the supervision of the commission veterinarian and as prescribed by the commission for the purpose of analysis. ITEM 3. Amend subrule 10.2(7) as follows: 10.2(7) Detention enclosure. Each facility shall maintain a detention enclosure for use by the commission for securing samples of urine, saliva, blood,hair, or other bodily substances or tissues for chemical analysis from horses whothat have run in a race. The enclosure shall include a wash rack, commission veterinarian office, a walking ring, at least four stalls, workroom for the sample collectors with hot and cold running water, and glass observation windows for viewing of the horses from the office and workroom. An owner, trainer, or designated representative licensed by the commission shall be with a horse in the detention barn at all times. ITEM 4. Adopt the following new subparagraph 10.4(5)"g": (5) Iowa-foaled horse allowance. Iowa-foaled horses that are properly registered and whose papers are stamped by the Iowa department of agriculture shall be allowed an additional three pounds beyond the stated conditions of the race if the race is not limited to Iowa-foaled horses. This allowance does not apply to stakes races. ITEM 5. Amend subparagraph 10.5(1)"a" as follows: (27) Witnessing the collection of a urine,or blood, or hair sample from the horse in the trainer’s charge or delegating a licensed employee or the owner of the horse to do so. ITEM 6. Amend paragraph 10.7(1)"c" as follows: c. Proof of detection by the commission chemist of the presence of a medication, drug, foreign substance, or metabolic derivative thereof, prohibited by paragraph “a”10.7(1)“a” or “b,” in a saliva, urine, or blood, or hair sample duly taken under the supervision of the commission veterinarian from a horse immediately prior to or promptly after running in a race shall be prima facie evidence that the horse was administered, with the intent that it would carry or that it did carry in its body while running in a race, prohibited medication, drug, or foreign substance in violation of this rule. ITEM 7. Amend paragraph 10.7(2)"a" as follows: a. Under the supervision of the commission veterinarian, urine, blood,hair, and other specimens shall be taken and tested from any horse that the stewards, commission veterinarian, or the commission’s representatives may designate. The samples shall be collected by the commission veterinarian or other person or persons the commission may designate. Each sample shall be marked or numbered and bear information essential to its proper analysis; but the identity of the horse from which the sample was taken or the identity of its owners or trainer shall not be revealed to the official chemist or the staff of the chemist. The container of each sample shall be sealed as soon as the sample is placed therein.ARC 3915CSecretary of State[721]Notice of Intended ActionProposing rule making related to postelection audit and providing an opportunity for public comment
The Secretary of State hereby proposes to amend Chapter 26, “Counting Votes,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.4 and 50.51 [2017 Iowa Acts, House File 516, section 43].State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 50.51.Purpose and Summary The Secretary of State has determined that as a result of the enactment of 2017 Iowa Acts, House File 516, these proposed amendments are necessary to keep administrative rules in compliance with the Iowa Code. House File 516 makes significant changes to elections in the state of Iowa, creating a need to update Chapter 26, which pertains to elections.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Secretary of State no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Molly Hammer Office of the Secretary of State Lucas State Office Building 321 East 12th StreetDes Moines, Iowa 50319 Email: molly.hammer@sos.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Reserve rules 721—26.108 to 721—26.199. ITEM 2. Adopt the following new 721—Chapter 721—Chapter Part VI:PART VI—POSTELECTION AUDIT ITEM 3. Adopt the following new rule 721—26.200(50):721—26.200(50) Precinct selection. 26.200(1) One precinct per county shall be selected by lot. 26.200(2) For the purpose of this rule, combined precincts established pursuant to Iowa Code section 49.11 shall be audited as a single precinct if selected by lot; therefore, if one precinct out of the combined precinct is selected, all of the precincts that make up the combined precinct shall be audited. 26.200(3) Absentee and special voters precincts, established pursuant to Iowa Code section 53.20, shall be included in the list of precincts to be selected for each county to be selected by lot. ITEM 4. Adopt the following new rule 721—26.201(50):721—26.201(50) State commissioner duties. 26.201(1) The state commissioner of elections shall select the precincts to be included in the postelection audit by lot the day following the election. 26.201(2) The state commissioner shall notify the state chairpersons of the two political parties whose candidates received the highest number of votes statewide for either the office of President of the United States or governor in the preceding general election, of the time and location of the selection at least 24 hours prior to the selection. A public notice shall be posted on the state commissioner’s website. 26.201(3) The state commissioner shall notify the commissioners of all precincts selected for an audit following a statewide election. 26.201(4) In advance of any other election, the state commissioner may order an audit of the election in the manner provided for in Iowa Code section 50.51. In the event an audit is ordered, the state commissioner of elections shall notify all commissioners holding an election no less than 24 hours before the election in question that an audit has been ordered. An audit ordered under Iowa Code section 50.51 and rule 721—26.200(50) shall be conducted using the same time frame and procedure as a general election audit. ITEM 5. Adopt the following new rule 721—26.202(50):721—26.202(50) Postelection audit time frame. 26.202(1) A postelection audit shall be conducted no later than 20 days following the election. 26.202(2) At least 24 hours prior to the audit start time, commissioners shall post the times and locations of each audit. 26.202(3) The commissioner shall notify the county chairperson of the two political parties whose candidates received the highest number of votes statewide for either the office of president of the United States or governor in the preceding general election, in writing, of the date, time, and place that the audit will be conducted, so that the chairperson may be present or have a representative present. ITEM 6. Adopt the following new rule 721—26.203(50):721—26.203(50) Audit board and audit procedure. 26.203(1) The commissioner shall appoint three or five audit board members to conduct the audit. Not more than a simple majority of the members of the audit board in any precinct shall be members of the same political party or organization if one or more registered voters of another party or organization are qualified and willing to serve on the audit board. 26.203(2) The commissioner or the commissioner’s designee shall supervise the handling of ballots to ensure that the ballots are protected from alteration or damage. 26.203(3) If a polling place precinct is selected for an audit, the hand count shall be conducted by the audit board pursuant to Iowa Code section 50.51. For postelection audit purposes, the audit board shall count votes according to voting system programming standards, outlined in 721—subrule 22.41(1). 26.203(4) If an absentee and special voters precinct is selected for an audit, the audit board shall tabulate at least 50 percent of ballots, but no more than 2,000 ballots, within the precinct. The ballots shall first be tabulated using the same automatic tabulating equipment and program used for tabulating the votes on election day, unless the program is believed or known to be flawed. The same ballots shall then be hand-counted by the audit board pursuant to Iowa Code section 50.51. For postelection audit purposes, the audit board shall count votes according to voting system programming standards, outlined in 721—subrule 22.41(1). 26.203(5) The audit board shall reseal the ballots after they have been audited and before adjournment of the audit board. The signatures of the audit board members shall be placed across the seal or opening of the container so that it cannot be opened without breaking the seal, following the same procedure described in Iowa Code section 50.12. Audited ballots shall be stored separately from nonaudited ballots and clearly marked “AUDITED,” along with the date the audit was conducted. If an absentee and special voters precinct is selected for an audit, the ballots that were audited shall be sealed and kept separately from any ballots that were not selected for audit. 26.203(6) Upon completion of the audit, the commissioner shall report the findings on a form prescribed by the state commissioner. One copy of the audit report shall be transmitted to the state commissioner and one copy shall be filed with the county board of supervisors not later than 20 days following the election. 26.203(7) The commissioner may order an administrative recount pursuant to Iowa Code section 50.50 and rule 721—21.25(50) if the commissioner determines the results of an audit require an administrative recount. ITEM 7. Amend 721—Chapter 26, implementation sentence, as follows: These rules are intended to implement Iowa Code sectionsections 49.98 as amended by 2004 Iowa Acts, Senate File 2269, section 21and 50.51.ARC 3914CSecretary of State[721]Notice of Intended ActionProposing rule making related to elections technology security and providing an opportunity for public comment
The Secretary of State hereby proposes to adopt new Chapter 29, “Elections Technology Security,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 47.7.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 47.7.Purpose and Summary Proposed Chapter 29 requires that all Secretary of State and County Auditor staff who access Iowa’s statewide voter registration database (I-Voters) take an approved training course related to cybersecurity practices. This new chapter is necessary because of heightened awareness of cybersecurity issues and the need for those with lawful access to I-Voters to be alert to common cybersecurity threats and mitigation techniques. The Secretary of State, as the State Registrar of Voters, has determined this training is necessary for a variety of reasons, including the federal Department of Homeland Security’s designation of elections as “critical infrastructure.”Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Secretary of State no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Eric Gookin Office of the Secretary of State Lucas State Office Building321 East 12th StreetDes Moines, Iowa 50319 Email: eric.gookin@sos.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new 721—Chapter 29: CHAPTER 29ELECTIONS TECHNOLOGY SECURITY721—29.1(47) Definitions. The following definitions are adopted. "Breach" means a compromise of security processes that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to protected information. "Commissioner" means the county commissioner of elections as defined in Iowa Code chapter 47. "Cybersecurity" means the prevention of damage to, protection of, and restoration of computers, electronic communications systems, electronic communications services, wire communication, and electronic communication, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation. "Elections technology" means the statewide voter registration database, voting system, electronic poll books, and other technologies used to register, maintain, or process voters or conduct any election. For purposes of this rule, these terms shall have the definitions as described in the administrative rules of the secretary of state. "Encryption" means the use of an algorithmic process to transform data into a form in which the data is rendered unreadable or unusable without the use of a confidential process or key. "Incident" means an occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. "I-Voters" means the statewide voter registration database. "Office of the chief information officer" "OCIO" means the state chief information officer. "Registrar" means the county commissioner of registration as defined in Iowa Code section 48A.3. "State commissioner" means the state commissioner of elections as described in Iowa Code chapter 47. "State registrar" means the state registrar of voters as defined in Iowa Code chapter 48A. "User" means anyone from the state registrar or county registrar or approved third-party vendor who accesses I-Voters.721—29.2(47) Cybersecurity training. 29.2(1) All users who access the I-Voters database must complete annual training programs on principles of cybersecurity. Upon completion of the training, a user shall transmit proof of completion to the state registrar. The state registrar shall maintain a list of approved training programs on the secretary of state’s website. The state registrar shall consult with the OCIO or the federal Election Assistance Commission before adding trainings to the list of approved programs. If requested by the office of the chief information officer, the federal Election Assistance Commission, or a county registrar, the state registrar may review and add recommended cybersecurity training programs to the approved list. 29.2(2) The state registrar may disable any user account if the user does not complete the training within 30 days of access granted, or on the anniversary date set by the state registrar. 29.2(3) The state registrar may temporarily waive this requirement for any user if the state registrar believes it is necessary to the execution of the election.721—29.3(47) Cybersecurity incident or breach. 29.3(1) A commissioner who identifies or suspects an actual or possible cybersecurity incident or breach shall immediately report the incident to the state commissioner. Upon receiving the report, the state commissioner shall alert the appropriate state or federal law enforcement agencies, the federal Department of Homeland Security, the OCIO, and the vendor responsible for maintaining the affected technology. The state commissioner may disseminate the information to other agencies as the state commissioner deems necessary. 29.3(2) Information reported to the state commissioner under this rule shall be exempt from public records requests pursuant to Iowa Code section 22.7(50). 29.3(3) Nothing in this rule prohibits a commissioner from alerting local law enforcement prior to contacting the state commissioner in the event of an incident or breach. These rules are intended to implement Iowa Code section 47.7(2).ARC 3913CUtilities Division[199]Notice of Intended ActionProposing rule making related to utility records and providing an opportunity for public comment
The Utilities Board hereby proposes to amend Chapter 18, “Utility Records,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.4, 476.2 and 476.9.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 476.9, 476.31 and 546.7.Purpose and Summary The purpose of this rule making is to update and amend the Board’s rules regarding access and retention of utility records. The Board issued an order requesting stakeholder comments on proposed amendments to Chapter 18, the Board’s rules that establish utility record and access standards. The Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice; Interstate Power and Light Company; MidAmerican Energy Company; and Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, filed comments addressing the proposed amendments. The Board reviewed the stakeholder comments and proposes the following amendments to the Board’s rules for utility records and access. The amendments are designed to update references to utility record standards and access and update the scope of utilities subject to the provisions of the chapter. The Board issued an order on July 13, 2018, commencing this rule making. The order provides a full discussion of the proposed amendments. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2016-0034.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. These proposed amendments update and amend existing rules that are required to be followed for retention and access to utility records. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers No waiver provision is included in the proposed amendments because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in this chapter. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Iowa Utilities Board Electronic Filing System (EFS) at efs.iowa.govPhone: 515.725.7337 Email: efshelpdesk@iub.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 199—18.2(476) as follows:199—18.2(476) Location of records. All records required by any rules of the board, or necessary for the administration thereof, shall be keptor made accessible within this state unless otherwise authorized by the board. Any transfer of records from a location outside this state to another location outside this state shall also require prior board authorization, but a transfer from outside this state to a locale within this state may be made with only prior notification to the board.The board is to be notified by each rate-regulated gas utility and electric utility within 30 days of any change in the address, telephone number, or business hours of the utility’s principal office for Iowa operations. A utility providing gas and electric service may designate one principal office for both types of utility operations or a separate principal office for each type of utility operation. Notwithstanding any other provision of these rules, the following books, accounts, papers, and records, or current copies thereof, are required to be maintainedor made accessible at the utility’s principal office for Iowa operations: 18.2(1) The utility’s tariffs. 18.2(2) A record of the number and business location of the utility’s administrative, technical, and operating personnel within the state. 18.2(3) The most recent inspection report. 18.2(4) The most recent rate case filing. 18.2(5) Annual reports for the past five years. 18.2(6) Shareholder’s reports for the past five years. 18.2(7) Form IG-1 (gas utilities). 18.2(8) Form IE-1 (electric utilities). 18.2(9) Information regarding the location of other books, records, and accounts requiredby the board to be maintained by the boardor made accessible pursuant to statute or rule. ITEM 2. Amend subrule 18.4(1) as follows: 18.4(1) Units of property. Electric utilities subject to rate regulation shall maintain an accounting system for Units of Property in Accounting for Additions and Retirements of Electric Plant in accordance with 199—16.2(476), which adopts the 2000 FERC rules, 18 CFR Part 101, Electric Plant Instructions. ITEM 3. Amend subrule 18.4(2) as follows: 18.4(2) Preservation of records. All electric utilities subject to regulation by the board shall preserve the records of their operations in accordance with the provisions of Part 125 of the FERC rules, 18 CFR Part 125, Preservation of Records of Public Utilities and Licensees, as issued on April 1, 2000August 15, 2000. Rate-regulated companies shall further ensure the preservation of records of associated companies, whether or not the associated companies are themselves utilities, as necessary to support the cost of services rendered to the utility by the associated companies. ITEM 4. Amend subrule 18.5(1) as follows: 18.5(1) Units of property. Rural electric cooperatives (RECs) subject to rate regulation by the board shall adopt the RUS rules contained in RUS 7 CFR Part 1767 issued January 1, 2002published May 27, 2008. The REC shall maintain sufficient records to support additions to plant, retirement units, and replacements of electric plant, in accordance with 7 CFR Part 1767.10, Definitions, 7 CFR Part 1767.15, General Instructions, 7 CFR Part 1767.16, Electric Plant Instructions, and 7 CFR Part 1767.20, Plant Accounts. ITEM 5. Amend subrule 18.5(2) as follows: 18.5(2) Preservation of records. Rural electric cooperatives shall preserve the records of their operations in accordance with the provisions of the RUS rules contained in RUS Bulletin 180-2, Manual for Preservation of Borrowers Records (Electric)Record Retention Recommendations for RUS Electric Borrowers, issued June 6, 1972issued June 26, 2003. ITEM 6. Amend subrule 18.6(1) as follows: 18.6(1) Units of property. Gas utilities subject to rate regulation shall maintain an accounting system for Units of Property in Accounting for Additions and Retirements of Gas Plant in accordance with 199—16.3(476), which adopts the 2000 FERC rules, 18 CFR Part 201, Gas Plant Instructions. ITEM 7. Amend subrule 18.6(2) as follows: 18.6(2) Preservation of records. All gas utilities subject to regulation by the board shall preserve the records of their operations in accordance with the provisions of FERC rules, 18 CFR Part 225, Preservation of Records of Natural Gas Companies, as issued April 1, 2000August 15, 2000. Rate-regulated companies shall further ensure the preservation of records of associated companies, whether or not the associated companies are themselves utilities, as necessary to support the cost of services rendered to the utility by the associated companies. ITEM 8. Amend subrule 18.7(1) as follows: 18.7(1) Units of property. Water, sanitary sewage, and storm water drainage utilities subject to rate regulation shall maintain an accounting system for Units of Property in Accounting for Additions and Retirements of Water Plant in accordance with 199—16.4(476) which adopts the 1996 NARUC uniform systems of accounts for Class A, B, and C water utilities. ITEM 9. Amend subrule 18.7(2) as follows: 18.7(2) Preservation of records. All water, sanitary sewage, and storm water drainage utilities subject to regulation by the board shall preserve the records of their operations in accordance with the provisions of the NARUC guidelines: Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities, revised May 1985October 2007 edition. Regulated water, sanitary sewage, and storm water drainage utilities shall further ensure the preservation of records of associated companies, whether or not the associated companies are themselves utilities, as necessary to support the cost of services rendered to the utility by the associated companies. ITEM 10. Rescind rule 199—18.8(476) and adopt the following new rule in lieu thereof:199—18.8(476) Telephone utilities. All telephone utilities subject to regulation by the board shall preserve the records of their operations in accordance with the provisions of Part 42 of the FCC rules, 47 CFR 42, Preservation of Records of Communication Common Carriers, as issued March 28, 2001.ARC 3928CAlcoholic Beverages Division[185]Adopted and FiledRule making related to licensing
The Alcoholic Beverages Division hereby amends Chapter 4, “Liquor Licenses—Beer Permits—Wine Permits” and Chapter 5, “License and Permit Division,” and rescinds Chapter 12, “Forms,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 123.10.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 123 as amended by 2017 Iowa Acts, House File 607, and 2016 Iowa Acts, House File 2359, section 51.Purpose and Summary This rule making implements changes to the Iowa Code enacted in 2017 Iowa Acts, House File 607, and 2016 Iowa Acts, House File 2359. The amendments to Chapters 4 and 5 clarify existing rules and add new rules where required by House File 607. The amendment in Item 4 rescinds rule 185—4.24(123) because the changes in House File 2359 make the rule unnecessary. For accessibility, the amendment to subrule 5.9(4) in Item 6 adds a description of the forms used to furnish a surety bond when a bond is required during the process of obtaining a license or permit. As a result, Chapter 12 of the Division’s rules is rescinded.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 6, 2018, as ARC 3817C. A public hearing was held on June 26, 2018, at 9 a.m. in the Division Board Room, 1918 S.E. Hulsizer Road, Ankeny, Iowa. The Division received oral and written comments from one respondent. A summary of the comments and the Division’s responses are as follows: Comment 1: The respondent stated that the use of word “forfeiture” in subrule 5.9(2) is legally problematic in the law of surety and does not reflect the obligations for payment on a bond. As written, the subrule would require forfeiture of the full amount of the bond, even when liability owed to the state is below the bond limit, which does not reflect how surety companies operate and which impacts how surety companies underwrite risk in Iowa. The respondent recommended striking the word “forfeiture” where it appears in subrule 5.9(2) and replacing it with the term “payment on bond.” Division response 1: Subrule 5.9(2) describes the requirement for surety bonds issued to licensees and permittees in Iowa to include a provision for the principal and the surety company to consent to the forfeiture of the principal sum of the bond in the event of revocation of the license or permit by the violation of any Iowa Code provision which requires forfeiture of the bond. The statutory basis for forfeiture of a surety bond is found in Iowa Code section 123.50, subsections 2 and 4. Before a bond can be forfeited to the Division, a licensee or permittee must first be convicted of a violation of Iowa Code section 123.49, subsection 2, paragraph “a,” “d,” or “e,” or of Iowa Code section 123.59, and the license or permit must be revoked. As such, the Division has not made changes to subrule 5.9(2). Rather, reference to Iowa Code section 123.50 has been added to the implementation sentence for rule 185—5.9(123), found in Item 6, to provide further guidance for the reader. Comment 2: The respondent stated that the language in the second paragraph in subrule 5.9(3), which explicitly prohibits a surety company from canceling a bond for any reason when an administrative hearing complaint has been filed and charges are currently pending against a licensee or permittee that could result in revocation of the license or permit, creates unintended but significant problems. Under Iowa law, a surety company is liable for the actions of the licensee or permittee throughout the term of the bond, including the 30-day cancellation period after notice is given to the licensee or permittee. The language in subrule 5.9(3) would bar a surety company from canceling a bond on a licensee or permittee for any reason, even if the reason is separate from those reasons that prompted the administrative action. The respondent recommended striking the second paragraph in subrule 5.9(3). This change would not alter a surety company’s legal obligations to the state under the bond, nor would it prohibit a licensee or permittee from obtaining a bond if the license or permit is not revoked in the event the administrative action is terminated. Division response 2: The Division agrees with the respondent’s comment and has stricken the second paragraph in subrule 5.9(3), found in Item 6. Written comments were identical to those received at the public hearing.Adoption of Rule Making This rule making was adopted by the Alcoholic Beverages Commission on July 12, 2018.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 185—Chapter 19.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on September 5, 2018. The following rule-making actions are adopted:
ITEM 1. Amend rule 185—4.1(123) as follows:185—4.1(123) Definitions. “Act” means the alcoholic beverage control Act. 4.1(2) “Division” means the alcoholic beverages division of the department of commerce. 4.1(3) “Growler” means any fillable and sealable glass, ceramic, plastic, aluminum or stainless steel container designed to hold only beer or high alcoholic content beer. 4.1(4) “Original container” means a vessel containing an alcoholic beverage that has been lawfully obtained, bears a label approved by the Alcohol and Tobacco Tax and Trade Bureau, and has been securely capped, sealed or corked at the location of manufacture. 4.1(5) Reserved.“Administrator” means the chief administrative officer of the alcoholic beverages division or a designee.“Beverages” as used in Iowa Code section 123.129123.3(18) does not include alcoholic liquor, wine, or beer as defined in Iowa Code sections123.3(4), 123.3(5), 123.3(7),123.3(19), 123.3(28), 123.3(30), 123.3(43) and 123.3(37)123.3(47). "Division" means the alcoholic beverages division of the department of commerce. This rule is intended to implement Iowa Code sections 123.3 and 123.4. ITEM 2. Amend rule 185—4.4(123) as follows:185—4.4(123) Licensed premises. The following criteria must be met before a “place” (as used in Iowa Code section 123.3(20)123.3(25)) may be licensed as a “place susceptible of precise description satisfactory to the administrator.” 4.4(1) The “place” must be owned by or under the control of the prospective licensee. 4.4(2) The “place” must be solely within the jurisdiction of one local approving authority. 4.4(3) The “place” must be described by a sketch of the “premise”“premises” as defined in Iowa Code section 123.3(20)123.3(25) and showing the boundaries of the proposed “place”; showing the locations of selling/serving areas within the confines of the “place”;showing all entrances and exits; and indicating the measurements of the “place,” and distances between selling/serving areas. 4.4(4) The “place” must satisfy the health, safety, fire and seating requirements of the division, local authorities and Iowa department of agriculture and land stewardshipthe Iowa department of inspections and appeals. 4.4(5) Any other criteria as required by the administrator. This rule is intended to implement Iowa Code sections 123.3(20)123.3(25) and 123.4. ITEM 3. Amend rule 185—4.6(123) as follows:185—4.6(123) Filling and selling of beer in a container other than the original container by class “C” beer permit holders. ClassLiquor control license holders, class “B” and class “C” beer permit holders, and their employees may fill, refill and sell beer in a container other than the original container, otherwise known as a growler as defined in subrule 4.1(3), subject to the requirements and restrictions provided in Iowa Code sectionsections 123.131 and 123.132 and in this rule. 4.6(1) DefinitionDefinitions. "Beer," for the purpose of this rule, means “beer” as defined in Iowa Code section 123.3(7) and “high alcoholic content beer” as defined in Iowa Code section 123.3(19). "Growler," for the purpose of this rule, means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless steel container designed to hold only beer or high alcoholic content beer. "Original container," for the purpose of this rule, means a vessel containing beer that has been lawfully obtained and has been securely capped, sealed, or corked at the location of manufacture. For special class “A” beer permit holders, an “original container” includes a tank used for storing and serving beer. 4.6(2) Sales criteria and restrictions. All sales made pursuant to this rule shall be made in person. Beer packaged and sold pursuant to this rule shall not be delivered or direct-shipped to consumers. 4.6(3) Filling and refilling requirements. a. A growler shall have the capacity to hold no more than 72 ounces. b. A growler shall be filled or refilled only by thelicensee or permittee or thelicensee’s or permittee’s employees who are 18 years of age or older. c. A growler shall be filled or refilled only on demand by a consumer at the time of the in-person sale. d. A growler shall be filled or refilled only with beer from the original container procured from a duly licensed wholesalerunless the beer being used to fill or refill a growler on the premises of a special class “A” beer permit holder was manufactured by that special class “A” beer permit holder on the permitted premises. e. A retailer may exchange a growler to be filled or refilled, provided the exchange occurs at the time of the in-person sale. f. The filling or refilling of a growler shall at all times be conducted in compliance with applicable state and federal food safety statutes and regulations. 4.6(4) Sealing requirements. A filled or refilled growler shall be securely sealed at the time of the sale by thelicensee or permittee or thelicensee’s or permittee’s employees in the following manner: a. A growler shall bear a twist-type cap, screw-on cap, flip-top lid, swing-top lid, stopper, or plug. b. A plastic heat shrink wrap band, strip, or sleeve shall extend around the twist-type cap, screw-on cap, flip-top lid, or swing-top lid or over the stopper or plug to form a seal that must be broken upon the opening of the growler.A lid permanently affixed with a can seamer shall not require a plastic heat shrink wrap band, strip, or sleeve. c. The heat shrink wrap seal shall be so secure that it is visibly apparent when the seal on a growler has been tampered with or a sealed growler has otherwise been reopened. d. A growler shall not be deemed an open container, subject to the requirements of Iowa Code sections 321.284 and 321.284A, provided the sealed growler is unopened and the seal has not been tampered with and the contents of the growler have not been partially removed. 4.6(5) Restrictions. a. Beer shall only be consumed on the premises of a class “C” beer permit holder for a tasting in accordance with rule 185—16.7(123). b. A growler shall not be filled in advance of a sale. c. A growler filled pursuant to this rule shall not be delivered or direct-shipped to a consumer. d. A growler filled pursuant to this rule shall not be sold or otherwise distributed to a retailer. e. Alicensee or permittee or alicensee’s or permittee’s employees shall not allow a consumer to fill or refill a growler. f. The filling, refilling and selling of a growler shall be limited to the hours in which beer may be legally sold. g. A filled or refilled growler shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication. h. An original container shall only be opened on the licensed premisesof a class “C” beer permit holder for the limited purposes of filling or refilling a growler as provided in this rule, or for a tasting in accordance with rule 185—16.7(123). 4.6(6) Violations. Failure to comply with the requirements and restrictions of this rule shall subject thelicensee or permittee to the penalty provisions provided in Iowa Code chapter 123. This rule is intended to implement Iowa Code sectionsections 123.123, 123.131, and 123.132. ITEM 4. Rescind and reserve rule 185—4.24(123). ITEM 5. Adopt the following new rule 185—5.2(123):185—5.2(123) Annual production of a native distillery. A native distillery is a business with an operating still which produces and manufactures native distilled spirits and holds a class “A” native distilled spirits license. The total number of proof gallons of native distilled spirits produced and manufactured by a native distillery on an annual basis shall be used to determine the amount of native distilled spirits that may be sold per person per day from the native distillery’s licensed premises for off-premises consumption and to determine eligibility to obtain a class “C” native distilled spirits liquor control license. 5.2(1) Definitions. "Annual basis," for the purpose of this rule, means a year as defined in Iowa Code section 4.1(40) beginning January 1 and ending December 31. "Native distilled spirits" means an alcoholic beverage as defined in Iowa Code section 123.3(28). "Operating still," for the purpose of this rule, means a still that is registered with the Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 CFR 19.75(b) and is actively used to manufacture spirits. "Proof gallon," for the purpose of this rule, means a United States gallon of proof spirits, or the alcoholic equivalent thereof, as defined by the Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 CFR 30.11. 5.2(2) The total number of proof gallons of native distilled spirits produced and manufactured by a native distillery on an annual basis shall combine all production facilities of the business and shall be determined based on the 12-month sum of line 26 of Alcohol and Tobacco Tax and Trade Bureau Form 5110.28, Monthly Report of Processing Operations, filed monthly by the native distillery with the division, pursuant to Iowa Code section 123.43A(5). 5.2(3) The amount of native distilled spirits that may be sold per person per day from a native distillery’s licensed premises for off-premises consumption shall be determined based on the total number of proof gallons of native distilled spirits as determined in subrule 5.2(2) for the preceding calendar year beginning January 1 and ending December 31. 5.2(4) As a condition of obtaining a class “C” native distilled spirits liquor control license, a native distillery shall report to the division, at the time of application, the total number of proof gallons of native distilled spirits as determined in subrule 5.2(2) for the preceding calendar year beginning January 1 and ending December 31. This rule is intended to implement Iowa Code sections 123.3(29), 123.30(3)“c”(3), 123.31(6) and 123.43A. ITEM 6. Amend rule 185—5.9(123) as follows:185—5.9(123) Surety bond requirements. A $5,000 penalsurety bond mustshall be filed with the division with each application for a Classclass “A” wine permit, Class “A” beer permit, special Class “A” beer permit and manufacturer’s licenseand with each application for a wine direct shipper license unless the applicant for the wine direct shipper license posted a surety bond as part of obtaining a class “A” wine permit.A $10,000 surety bond shall be filed with the division for each application for a class “A” beer permit or special class “A” beer permit. A $5,000, $10,000 or $15,000 penalsurety bond mustin an amount of at least $5,000 but not more than $15,000 shall be filed with the division with each application for a Classclass “E” liquor control license. A Class “E” liquor control licensee may determine the amount of the bond to be posted with the division, and may increase or decrease the face amount of the bond in increments of $5,000 on one occasion during the licensee’s first year of business. Thereafter, a licensee may increase or decrease the face amount of the bond in increments of $5,000 only when the liquor control license is renewed. Each penalsurety bond mustshall meet the following requirements. 5.9(1) Certificate of authority. It mustThe surety bond shall be issued by a company holding a current certificate of authority from the commissioner of insurance authorizing the company to issue bonds in Iowa. 5.9(2) Forfeiture of bond. It mustThe surety bond shall contain a provision for the principal and surety to consent to the forfeiture ofthe principal sum of the bond in the event of revocation of the license or permit by the violation of any Iowa Code provision which requires forfeiture of the bond. 5.9(3) Cancellation. A surety company or a principal may cancel a bond by giving a minimum of 30 days’ written notice to this division of the party’s intent to cancel the bond. The 30-day period shall commence on the date that this division receives the notice of cancellation. The party seeking to cancel a bond shall mailsubmit written notice of such cancellation to the division in Ankeny, Iowa, by certified mail, and further shall mailsubmit a copy of the notice of cancellation to the other party, at that party’s post office address. The notice of cancellation shall contain: the name of the party to whom the copy of the notice of cancellation was mailedsubmitted, the address to which the copy of the notice of cancellation was sent, the date on which the notice of cancellation was mailedsubmitted, the date the bond is being canceled, and the license or permit number of the licensee or permittee to be affected by such cancellation.The cancellation or notice thereof shall have no force or effect in the event that the principal’s license or permit has been revoked during the period of the bond or when an administrative hearing complaint has been filed, and charges are currently pending against the licensee or permittee which could result in revocation of the license or permit after an administrative hearing on the complaint. 5.9(4) Proof of bond. A licensee or permittee shall be deemed to have furnished a surety bond when the licensee or permittee has filed with the division at its offices in Ankeny, Iowa, a form described by 185—subrule 12.2(7)a form prescribed by the division containing the following: the name of the bond provider; the city and state where the bond provider is located; the bond number, the names of the principal, and the city and state where the principal is located; the amount of the bond; the type of license or permit guaranteed by the bond; the effective date of the bond; signatures of the principal and the bond provider; and any other information the administrator of the division may require. 5.9(5) Alternate for surety bond. Rescinded IAB 5/15/91, effective 6/19/91. 5.9(6) Two bonds. Rescinded IAB 5/15/91, effective 6/19/91. 5.9(7) Class “E” bond. Rescinded IAB 10/31/01, effective 12/5/01. This rule is intended to implement Iowa Code sections 123.21, 123.30, 123.128 and 123.129123.50, 123.127, 123.175, and 123.187. ITEM 7. Rescind and reserve 185—Chapter 12. [Filed 7/12/18, effective 9/5/18][Published 8/1/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 8/1/18.ARC 3929CCorrections Department[201]Adopted and FiledRule making related to policies and procedures
The Corrections Department hereby amends Chapter 1, “Departmental Organization and Procedures,” Chapter 5, “Public Records and Fair Information Practices,” Chapter 10, “Rule Making,” Chapter 11, “Declaratory Rulings,” Chapter 20, “Institutions Administration,” Chapter 38, “Sex Offender Management and Treatment,” Chapter 40, “Community-Based Corrections Administration,” Chapter 41, “Preconviction Service,” Chapter 42, “Probation Services,” Chapter 43, “Residential Facilities,” Chapter 44, “Work Release,” Chapter 45, “Parole,” Chapter 47, “OWI Programs,” Chapter 50, “Jail Facilities,” and Chapter 51, “Temporary Holding Facilities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 356.36, 903B.10, 904.108 and 905.7.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 356A, 692A, 901, 902, 903, 903B, 904, 905, 907, 908 and 910 and Iowa Code sections 17A.3, 17A.4, 17A.6, 17A.7, 17A.9, 22.11, 80B.11A, 356.36, 356.43, 903B.10, 904.101 to 904.108, 904.508A, 904.513, 904.909, 905.7, 905.14, 906.9 to 906.11, 906.15, 906.16, 907.3, 908.1, 908.2, 908.8, 908.11 and 910.5.Purpose and Summary All of the Department’s rules were reviewed as part of the comprehensive five-year review required under Iowa Code section 17A.7. These amendments are designed to eliminate outdated or redundant rules, update rule language to align with Iowa Code language and eliminate any rules that are inconsistent or incompatible with statutes or other rules. The amendments also reflect changes to conform the rules to current, more efficient practices. The adopted amendments to Chapter 1 reflect the Department’s new mission and the revision of the Department’s internal structure. The adopted amendments to Chapter 5 reflect changes to the process for records requests and treatment of confidential records/information, as provided in the uniform rules on agency public records and fair information practices. The adopted amendments to Chapters 10 and 11 are nonsubstantive corrections of the address of the Iowa Department of Corrections from “420 Watson Powell Jr. Way, Des Moines, Iowa 50309” to the current address “510 East 12th Street, Des Moines, Iowa 50319.” The adopted amendments to Chapter 20 make nonsubstantive corrections, which include changing the term “offender” to “incarcerated individual” and removing the word “superintendent” because the Department has only wardens with the closing of the mental health institutes. The amendments to Chapter 20 also make changes to outdated security procedures and outdated sanctions for visitors. The adopted amendments to Chapter 38 reflect changes to the risk assessment instruments used on sex offenders. The amendments to Chapter 38 also make a nonsubstantive change from the designated term “offender” to “client.” The adopted amendments to Chapter 40 reflect changes to definitions, accreditation for community-based corrections, the carrying of firearms by staff, and other nonsubstantive updates. The adopted amendments to Chapter 41 reflect nonsubstantive changes to pretrial services and to clarifying factors to be used for presentence investigations. The adopted amendments to Chapter 42 reflect nonsubstantive changes to probation services, including updating old terminology and clarifying language on infectious diseases. The adopted amendments to Chapter 43 reflect clarifying changes regarding residential facilities on admission, the federal Prison Rape Elimination Act (PREA), infectious disease, and risk needs assessment instruments. The adopted amendments to Chapter 44 reflect changes to work release facility requirements, contagious disease, admission, records, personnel health statements, and PREA and remove outdated risk assessment instruments. The adopted amendments to Chapter 45 reflect changes to effective date/parole agreements, conditions of parole, and violations. These amendments also remove outdated risk assessment instruments and outdated prison language, add clarifying language on infectious disease and change the term “offender” to “client.” The adopted amendments to Chapter 47 reflect changes to OWI facilities and to PREA, remove references to the American Corrections Association, and change the term “offender” to “client.” The adopted amendments to Chapter 50 remove inspection of residential facilities, add clarifying language on prisoner mail, and make a nonsubstantive correction to change the name “citizen’s aide office” to “ombudsman office.” The adopted amendments to Chapter 51 remove the inspection of residential facilities and add clarifying language on detainee mail.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on May 23, 2018, as ARC 3806C. A public hearing was held on June 12, 2018, at 11 a.m. at the Jessie Parker Building, 510 East 12th Street, Des Moines, Iowa, and written comments were accepted through June 12, 2018. No one attended the public hearing. The Department received three comments during the public comment period. The following changes have been made to the amendments since publication of the Notice: Subrule 1.8(1) has been changed in response to public comment. The subrule was revised to add one of the correctional facilities that had been left off the list. In addition, the two listings for the facilities in Newton have been combined into one listing. Another change in response to public comment has been made to paragraph 5.3(1)“a” to correct the area code listed for one of the facilities. A new Item 8 has been added to correct an outdated reference in Chapter 8 to the uniform rules for public records and fair information practices. Subrule 20.3(13) has been amended to allow visitors to a correctional setting to wear knee-length shorts. Rule 201—20.5(904) has been revised to strike a duplicate sentence. Changes to community-based corrections rules include an amendment to paragraph 40.4(12)“g,” which had been proposed for rescission. The paragraph has been amended to provide that while no officer shall be required to carry a firearm, refusal to carry a firearm may affect job assignment. In addition, the proposed amendments to rule 201—41.1(811,905), Pretrial investigation, included in Item 41 of the Notice were not adopted at this time, and the item has been omitted from this document. In subrule 42.1(4), the words “and addressed in an effort to lower risk and reduce victimization” that were proposed to be stricken have been retained with the addition of the word “are” to fit the context of the sentence, and a reference to “offenders” has been changed to “clients.” Subrule 44.6(1) has been revised to add a reference to the deputy director of community-based corrections. The word “needs” in subparagraph 44.9(1)“f”(3) was not stricken as had been proposed. Subrule 45.2(1) has been revised to set forth the Board of Parole’s standard conditions of parole, and the last sentence in paragraph 45.2(2)“b” is now stricken rather than amended. An amendment has been added to subrule 47.1(5) to correct an outdated reference, and the reference in subrule 47.2(9) to the deputy director has been revised. Lastly, Items 60 and 64 have been added to amend subrules 50.9(2) and 51.8(2), respectively, to change the due date of the certificate of inspection from the State Fire Marshal or qualified fire prevention authority from 24 months to 18 months to conform to the time frame used by the State Fire Marshal. Adoption of Rule Making This rule making was adopted by the Department on July 13, 2018.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 201—Chapter 7. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on September 5, 2018. The following rule-making actions are adopted:
ITEM 1. Amend rule 201—1.1(904), definition of “Deputy director,” as follows: "Deputy director" means the administrator who is appointed by the director and is responsible for an operational division within the department of corrections. The fivefour operational divisions are administration, eastern operations, western operations, offender servicesinstitutional operations, community-based corrections, and prison industries. ITEM 2. Amend rule 201—1.2(904) as follows:201—1.2(904) Mission and function. The department of corrections is mandated by Iowa Code chapter 904 and consists of a policy board, a director and fivefour operational divisions.The mission of the department of corrections is to protect the public, the employees, and the offenderscreating opportunities for safer communities.The department is charged with the operation of the state’s penal institutions, judicial district department of corrections programs, prison industries, corrections administration, and contracting with the judicial district departments of correctional services for community correctional services. It is further charged with accreditation and funding of community-based corrections programs, including but not limited to pretrial release, presentence investigation, probation, parole, residential facilities, work release centers and other duties provided for by law. ITEM 3. Amend subrule 1.3(3), office contact information, as follows:Anamosa State PenitentiaryIowa Medical and Classification Center406 North High Street, Box 10Box A - Highway 9652700 Coral Ridge AvenueAnamosa, IA 52205Oakdale, IA 52319Coralville, IA 52241(319)462-3504(319)626-2391(319)462-4962 Fax(319)626-2141 FaxMt. Pleasant Correctional FacilityIowa State Penitentiary1200 East Washington3 John Bennett Drive, Box 3162111 330th Avenue, P.O. Box 316Mt. Pleasant, IA 52641Fort Madison, IA 52627(319)385-9511(319)372-5432(319)385-8828 Fax(319)372-6967 FaxNorth Central Correctional FacilityIowa Correctional Institution for Women313 Lanedale300 Elm Ave. SW, P.O. Box 700420 Mill Street SWRockwell City, IA 50579Mitchellville, IA 50169(712)297-7521(515)967-4236(712)297-7875 Fax(515)967-5347 FaxClarinda Correctional FacilityFirst Judicial District, DCS2000 N. 16th Street, Box 1338314 East Sixth Street, P.O. Box 4030Clarinda, IA 51362Waterloo, IA 50704-4030(712)542-5634/5635(319)236-9626(712)542-4844 Fax(319)291-3947 FaxSecond Judicial District, DCSThird Judicial District, DCS510 Fifth Street, P.O. Box 623509 Main Street, Suite 200515 Water StreetAmes, IA 50010-0623Sioux City, IA 51103(515)232-1511(712)252-0590(515)232-9453 Fax(712)252-0634 FaxFourth Judicial District, DCSFifth Judicial District, DCS801810 South Tenth Street604 Locust Street, Equitable Bldg., Suite 3171000 Washington StreetCouncil Bluffs, IA 51501Des Moines, IA 5030950314(712)325-4943(515)280-4220242-6611(712)325-0312 Fax(515)280-4259242-6656 Fax ITEM 4. Amend rule 201—1.4(904) as follows:201—1.4(904) Internet Web sitewebsite. The department’s Internet home page is located at http://www.doc.state.ia.uswww.doc.iowa.gov. ITEM 5. Amend subrule 1.6(8) as follows: 1.6(8) The board shall: a. Oversee the work of the departmentas defined in Iowa Code section 904.105 and, for this purpose, itthe board shall have access at any time to all books, papers, documents and records of the department. b. Report to the governor and the general assembly recommendations regarding the activities of the department when necessary. ITEM 6. Amend rule 201—1.7(904) as follows:201—1.7(904) Director. The governor appoints the director of the department of corrections. The director is responsible for the daily administration of the department. The operations are performed by fivefour divisions consisting of easterninstitutional operations, western operationscommunity-based corrections (CBC), administration,and prison industries, and offender services. The deputy directors of these divisions report to the director of the department.In addition to the deputy directors, the general counsel/inspector general, the director of media and public relations,the director of research/recidivism reduction, and the director of training and professional developmentmedical services director report to the director of the department. 1.7(1) The appointment and qualifications of the director are mandated in Iowa Code section 904.107. 1.7(2) Duties of the director are prescribed in Iowa Code section 904.108. 1.7(3) The director shall have the authority to place on notice intended administrative action pursuant to Iowa Code chapter 17A by approval of the board of corrections. A report listing all rules placed under notice during the previous month shall be submitted to the board of corrections at its regular meeting for review. The board of corrections shall review and shall adopt rules following the period of public comment. ITEM 7. Amend rule 201—1.8(904) as follows:201—1.8(904) Organization of the department. 1.8(1) The two regional deputy directors aredirector of institutional operations is responsible for the followingall institutions and facilities and for liaison with the following judicial district departments of correctional services, which are generally described herein. These descriptions are in no way binding on the director’s authority to transfer offendersincarcerated individuals between institutions. a. Regional deputyDeputy director for easternof institutional operations: (1) The Iowa state penitentiary, Fort Madison.- John Bennett facility, Fort Madison.
- Prison farms, Fort Madison.
- Clinical care unit, which is a special needs unit.
- Luster Heights camp, Harpers Ferry, which is a conservation commission camp administered by the Anamosa state penitentiary at Anamosa.
- Reserved.
- Petitioner’s name, address and telephone number.
- The nature of petitioner’s interest in the matter.
- The text or substance of any requested rule adoption, amendment or repeal, including the text and citation for any current rule in effect.
- The reasons for seeking the requested action, including any statute, rule, data, evidence or arguments which are relevant to the request. Copies of any statute, rule, evidence, etc., shall be attached to the petition.
- Petitioner’s name, address and telephone number.
- A clear, concise and complete statement of all relevant facts on which the ruling is requested.
- A clear and concise statement of the controversy or uncertainty.
- Reference to the statutory authority or rules in question, along with attached copies.
- The reasons for prompting the petition and a full disclosure of petitioner’s interest.
- Whether petitioner is currently a party to a contested case, rule making or judicial proceeding involving the controversy or uncertainty.
- The names and addresses, when known, of other persons who may be affected by the declaratory ruling.
- That the attendee may be subject to a search (subrule 20.13(3), paragraph “f”) when a staff member has an articulable reason to believe that the attendee is concealing contraband;
- That the search may include a pat down, a strip search, or a visual body cavity probe search; and
- That the requester need not submit to a strip search although refusal may result in the forfeiture of attendance.
- The search is conducted in a place where it cannot be observed by persons not conducting the search.
- The search is conducted by a person of the same sex as the visitor, unless conducted by a medical practitioner or licensed registered nurse. A second correctional employee of the same sex as the attendee shall also be present during the search. In addition, the attendee may request a third person of the same sex as the attendee to be present during the search.
- A visual search or probing of any body cavity shall be performed under sanitary conditions. A physical probe of a body cavity other than the mouth, ear, or nose shall be performed only by a medical practitioner. In the absence of a medical practitioner, a licensed registered nurse will conduct the search and report the findings to the on-call medical practitioner.
- It will be permissible and not considered a body cavity search to request that a female attendee remove a sanitary napkin or tampon.
- If the offenderclient is incarcerated within a local jurisdiction (jail, residential facility), the judicial district department of correctional services shall coordinate initiation of treatment prior to the release of the offenderclient from custody.
- If the offenderclient is incarcerated within the department of corrections, initiation of treatment shall be determined by department of corrections medical staff.
- Actual salary, to include overtime, of all personnel required to return the work releasee.
- Actual personal expenses of personnel involved.
- Ground mileage at the rate paid to state employees.
- Actual cost of any common carrier fare for personnel and the work releasee. Air fare shall be booked at regular coach.
- Identification date,
- Institutional information packet,
- Case plan,
- Restitution plan,
- Work release plans,
- Chronological recordsGeneric notes,
- Disciplinary reports,
- Hold orders,
- Transfer reports,
- Parole progress reports,
- Signed release of information forms,and
- Inventory sheets, and
- 13Discharge reports.
Rule making related to tuberculosis (TB) screening
The Inspections and Appeals Department hereby rescinds Chapter 59, “Tuberculosis (TB) Screening,” Iowa Administrative Code, and adopts a new Chapter 59 with the same title.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 10A.104(5), 135B.7 and 135C.14.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 135B.7 and 135C.14.Purpose and Summary Following the adoption of the Department’s original tuberculosis screening rules in 2013, health care facilities, hospitals, and employees sought clarification regarding the applicability of the rules under a variety of circumstances, such as transfer of health care workers between facilities, testing time frames for “two-step TST” and whether health care students, such as nursing students, are included in the definition of “health care worker.” This adopted rule making rescinds Chapter 59 and adopts a new Chapter 59 that incorporates several suggestions from the Department’s stakeholders, clarifies the baseline TB screening process and what the TB risk assessment shall include, and clarifies and expands the definitions of “two-step tuberculin skin test,” “health care worker,” and “transfer” as the term relates to health care workers changing employment between health care facilities or hospitals. The Hospital Licensing Board reviewed this rule making at its April 6, 2018, meeting.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 6, 2018, as ARC 3818C. No public comments were received. Three changes from the Notice have been made. In the definition of “Tuberculosis,” “M.” has been added to the term “canetti” to more clearly identify the species of the disease. Also, “that” has been changed to “who” in the second sentence of the definition of “TB patient” to more clearly identify that the relevant clause is referencing the person and not the type of TB. This same change has been made in 59.3(3) to clearly identify that the clause is referencing a person and not the type of TB.Adoption of Rule Making The rule making was initially reviewed by the State Board of Health at its May 8, 2018, meeting, and subsequently approved by the Board at its July 11, 2018, meeting. This rule making was adopted by the Department on July 11, 2018. Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on September 5, 2018. The following rule-making action is adopted:
ITEM 1. Rescind 481—Chapter 59 and adopt the following new chapter in lieu thereof: CHAPTER 59TUBERCULOSIS (TB) SCREENING481—59.1(135B,135C) Purpose. The intent of this chapter is to outline requirements and procedures to conduct tuberculosis screening for health care workers in health care facilities and hospitals and for residents of health care facilities regulated by the department.481—59.2(135B,135C) Definitions. For purposes of this chapter, the following definitions apply: "Bacille Calmette-Guérin vaccination" "BCG vaccination" means a vaccine for TB. BCG vaccination is used in many countries with a high prevalence of TB to prevent childhood tuberculosis meningitis and miliary disease. BCG vaccination is not generally recommended for use in the United States because of the low risk of infection with Mycobacterium tuberculosis, the variable effectiveness of the vaccine against adult pulmonary TB, and the vaccine’s potential interference with tuberculin skin test reactivity. "Baseline TB screening" means the screening of health care workers (HCWs) of health care facilities or hospitals at the beginning of employment in a facility or hospital and of residents of health care facilities upon admission to a facility for latent tuberculosis infection (LTBI) and TB disease. Baseline TB screening includes a symptom screen for all HCWs and residents, and two-step tuberculin skin test (two-step TST) or single interferon-gamma release assay (IGRA) for M. tuberculosis for those persons with previous negative test results for M. tuberculosis infection. "Baseline TST" "baseline IGRA" means the two-step TST or IGRA, respectively, which is administered at the beginning of employment to newly hired HCWs or upon admission of residents to health care facilities. "Boosting" means a phenomenon in which a person has a negative TST (i.e., false-negative) result years after infection with M. tuberculosis and then a positive subsequent TST result. The positive TST result is caused by a boosted immune response of previous sensitivity rather than by a new infection (false-positive TST conversion). Two-step testing reduces the likelihood of mistaking a boosted reaction for a new infection. "Department" means the department of inspections and appeals. "Employment" "employed" means to be hired or retained for paid or unpaid work in a facility or hospital. "Extrapulmonary TB" means TB disease in any part of the body other than the lungs (e.g., kidney, spine, or lymph nodes). "Health care facility" "facility" means a health care facility as defined in Iowa Code section 135C.1 or a long-term care service of a hospital as defined in rule 481—51.38(135B). "Health care worker" "HCW" means any paid or unpaid person (including health care students) working in a health care facility or hospital, including any person who is paid either by the health care facility or hospital or paid by any other entity (i.e., temporary agency, private duty, Medicaid/Medicare or independent contractors), or any volunteer who volunteers in a health care facility or hospital on a consistent and regularly scheduled basis for five or more hours per week. Specifically excluded from the definition of “health care worker” are individuals such as visitors, building contractors, repair workers or others who are in the facility or hospital for a very limited purpose and are not in the facility or hospital on a regular basis. "Hospital" means a hospital as defined in Iowa Code section 135B.1. "Interferon-gamma release assay" "IGRA" means a whole-blood test that can aid in diagnosing M. tuberculosis infection. "Laryngeal TB" means a form of TB disease that involves the larynx and may be highly infectious. "Latent TB infection" "LTBI" means infection with M. tuberculosis without symptoms or signs of disease having manifested. "Mantoux method" means a skin test performed by intradermally injecting 0.1 mL of purified protein derivative (PPD) tuberculin solution into the volar or dorsal surface of the forearm. "Patient" means a person admitted to a hospital. "Pulmonary TB" means TB disease that occurs in the lung parenchyma, usually producing a cough that lasts greater than three weeks. Pulmonary TB is usually infectious. "Purified protein derivative tuberculin" "PPD tuberculin" means a material used in diagnostic tests for detecting infection with M. tuberculosis. "Resident" means a person admitted to a health care facility or a long-term care service of a hospital as defined in rule 481—51.38(135B). For purposes of this chapter, “resident” does not include a patient admitted to a hospital. "Risk classification" means the category that the infection control team, or designated other staff, determines is appropriate for the facility or hospital as a result of the TB risk assessment. "Serial TB screening" means TB screening performed at regular intervals following baseline TB screening. Serial TB screening, also called annual or ongoing TB testing, consists of two components: (1) assessing for current symptoms of active TB disease, and (2) testing for the presence of infection with M. tuberculosis by administering either a TST or single IGRA. "Symptom screen" means a procedure used during a clinical evaluation in which persons are asked if they have experienced any departure from normal in function, appearance, or sensation related to TB disease (e.g., cough). "TB patient" means a person who had undiagnosed infectious pulmonary or laryngeal TB while in a health care facility or hospital during the preceding year. “TB patient” does not include persons with LTBI (treated or untreated), extrapulmonary TB disease, pulmonary TB, or laryngeal TB who have met criteria for noninfectiousness. "TB risk assessment" means an initial and ongoing annual evaluation of the risk for transmission of M. tuberculosis in a particular health care setting. "TB screening" means an administrative control measure in which evaluation for LTBI and TB disease is performed through baseline and serial screening of HCWs in hospitals and health care facilities and residents of health care facilities. "Transfer" means an HCW changes employment from one health care facility or hospital to another health care facility or hospital where the time frame between employment does not exceed 90 days. "Treatment for LTBI" means treatment that prevents the progression of M. tuberculosis infection into TB disease. "Tuberculin skin test" "TST" means a diagnostic aid for finding M. tuberculosis infection. The Mantoux method is the recommended method to be used for TST. "Tuberculosis" "TB" means the namesake member organism of M. tuberculosis complex and the most common causative infectious agent of TB disease in humans. In certain instances, the species name refers to the entire M. tuberculosis complex, which includes M. bovis, M. african, M. microti, M. canetti, M. caprae, and M. pinnipedii. "Tuberculosis disease" "TB disease" means a condition caused by infection with a member of the M. tuberculosis complex that has progressed to causing clinical (manifesting signs or symptoms) or subclinical (early stage of disease in which signs or symptoms are not present, but other indications of disease activity are present) illness. "Two-step tuberculin skin test" "two-step TST" means the procedure used for the baseline skin testing of persons who may receive serial TSTs.481—59.3(135B,135C) TB risk assessment. 59.3(1) Annually, a health care facility or hospital shall conduct a TB risk assessment to evaluate the risk for transmission of M. tuberculosis, regardless of whether a person with suspected or confirmed TB disease is expected to be encountered in the facility or hospital. The TB risk assessment shall be utilized to determine the types of administrative, environmental, and respiratory protection controls needed and serves as an ongoing evaluation tool of the quality of TB infection control and for the identification of needed improvements in infection control measures. 59.3(2) The TB risk assessment shall include the number of persons with infectious TB encountered in the facility or hospital that resulted in the facility’s or hospital’s conducting a contact investigation of exposed HCWs or patients during the previous 12 months. 59.3(3) TB cases include persons who had undiagnosed infectious pulmonary or laryngeal TB while in the facility or hospital during the preceding year. This does not include persons with LTBI (treated or untreated), persons with extrapulmonary TB disease, or persons with pulmonary and laryngeal TB who have met criteria for noninfectiousness.481—59.4(135B,135C) Health care facility or hospital risk classification. The infection control team or designated staff in a health care facility or hospital is responsible for determining the type of risk classification. The facility’s or hospital’s risk classification is used to determine frequency of serial TB screening. The facility or hospital risk classification may change due to an increase or decrease in the number of TB cases during the preceding year. The following criteria are consistent with those of the Centers for Disease Control and Prevention (CDC), TB Elimination Division, as outlined in the MMWR December 30, 2005/Vol.54/No.RR-17, “Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in Health-Care Settings, 2005.” 59.4(1) Types of risk classifications. a. “Low risk” means that a facility or hospital is one in which persons with active TB disease are not expected to be encountered and in which exposure to TB is unlikely. b. “Medium risk” means that a facility or hospital is one in which health care workers will or might be exposed to persons with active TB disease or to clinical specimens that might contain M. tuberculosis. c. “Potential ongoing transmission” means that a facility or hospital is one in which there is evidence of person-to-person transmission of M. tuberculosis. This classification is a temporary classification. If it is determined that this classification applies to a facility or hospital, the facility or hospital shall consult with the department of public health’s TB control program. 59.4(2) Classification criteria—low risk. a. Inpatient settings with 200 beds or more. If a facility or hospital has fewer than six TB patients for the preceding year, the facility or hospital shall be classified as low risk. b. Inpatient settings with fewer than 200 beds. If a facility or hospital has fewer than three TB patients for the preceding year, the facility or hospital shall be classified as low risk. 59.4(3) Classification criteria—medium risk. a. Inpatient settings with 200 beds or more. If a facility or hospital has six or more TB patients for the preceding year, the facility or hospital shall be classified as medium risk. b. Inpatient settings with fewer than 200 beds. If a facility or hospital has three or more TB patients for the preceding year, the facility or hospital shall be classified as medium risk. 59.4(4) Classification criteria—potential ongoing transmission. If evidence of ongoing M. tuberculosis transmission exists at a facility or hospital, the facility or hospital shall be classified as potential ongoing transmission, regardless of the facility’s or hospital’s previous classification.481—59.5(135B,135C) Baseline TB screening procedures for health care facilities and hospitals. 59.5(1) All HCWs shall receive baseline TB screening upon employment. Baseline TB screening consists of two components: (1) assessing for current symptoms of active TB disease and (2) testing using the two-step TST procedure or a single IGRA to screen for infection with M. tuberculosis. If the first-step TST result is negative, the second stage of the two-step TST is recommended one to three weeks after the first TST result was read. Administration of the second stage of the two-step TST shall not exceed 12 months after the first TST result was read. If initiation of the second stage of the two-step TST is greater than 12 months from when the first TST result was read, the two-step procedure must be restarted. If the first-step TST result is positive, it is not necessary to perform the second stage of the two-step TST. 59.5(2) An HCW may begin working with patients or residents after a negative TB symptom screen (i.e., no symptoms of active TB disease) and a negative TST (i.e., first step) or negative IGRA. The second TST may be performed after the HCW starts working with patients or residents. 59.5(3) An HCW with a new positive test result for M. tuberculosis infection (i.e., TST or IGRA) shall receive one chest radiograph result to exclude TB disease. Repeat radiographs are not needed unless signs or symptoms of TB disease develop or unless a repeat radiograph is recommended by a clinician. Treatment for LTBI should be considered in accordance with CDC guidelines. 59.5(4) An HCW with documentation of past positive test results (i.e., TST or IGRA) and documentation of the results of a chest radiograph indicating no active disease, dated after the date of the positive TST or IGRA test result, does not need another chest radiograph at the time of hire. 59.5(5) TB, TST or IGRA tests for M. tuberculosis infection do not need to be performed for HCWs with a documented history of TB disease, documented previously positive test result for M. tuberculosis infection, or documented completion of treatment for LTBI or TB disease. A TB symptom screen and documentation of a previously positive test result for M. tuberculosis infection can be substituted for a baseline test result if the documentation includes a recorded TST result in millimeters or IGRA result. All other HCWs should undergo baseline testing for M. tuberculosis infection to ensure that the test result on record in the setting has been performed and measured using the recommended diagnostic procedures. 59.5(6) Previous BCG vaccination is not a contraindication to having an IGRA, a TST or a two-step skin testing administered. HCWs with previous BCG vaccination should receive baseline and serial testing in the same manner as those without BCG vaccination. Evaluation of TST reactions in persons BCG-vaccinated should be interpreted using the same criteria for those not BCG-vaccinated. An HCW’s history of BCG vaccination should be disregarded when administering and interpreting TST results. Prior BCG vaccination does not cause a false-positive IGRA test result.481—59.6(135B,135C) Serial TB screening procedures for health care facilities and hospitals. 59.6(1) Health care facilities or hospitals classified as low risk. After establishing baseline TB screening of HCWs, serial TB screening of HCWs is not necessary for health care facilities or hospitals classified as low risk. 59.6(2) Health care facilities or hospitals classified as medium risk. a. After establishing baseline TB screening, HCWs in health care facilities or hospitals classified as medium risk shall receive serial TB screening annually. However, an HCW with a previous positive TB test result shall only receive annual TB symptom screening in accordance with 59.5(5). b. An HCW with a baseline positive or new positive test result for M. tuberculosis infection or documentation of previous treatment for LTBI or TB disease shall receive one chest radiograph result to exclude TB disease. Instead of participating in serial testing, HCWs should receive a symptom screen annually. This screen should be accomplished by educating HCWs about symptoms of TB disease and instructing HCWs to report any such symptoms immediately to the occupational health unit. Treatment for LTBI should be considered in accordance with CDC guidelines. 59.6(3) Health care facilities or hospitals classified as potential ongoing transmission. HCWs in facilities or hospitals classified as potential ongoing transmission shall receive serial TB screening every eight to ten weeks until lapses in infection control have been corrected and no additional evidence of ongoing transmission is apparent. However, an HCW with a previous positive TB test result shall only receive TB symptom screening in accordance with 59.5(5). The potential ongoing transmission classification should be used only as a temporary classification. This classification warrants immediate investigation and corrective steps. After a determination that ongoing transmission has ceased, the setting shall be reclassified as medium risk for a minimum of one year.481—59.7(135B,135C) Screening of HCWs who transfer to other health care facilities or hospitals. 59.7(1) HCWs transferring from a low-risk health care facility or hospital to another low-risk health care facility or hospital. HCWs with documentation of baseline TB screening who are transferring from a low-risk health care facility or hospital to another low-risk health care facility or hospital do not need to repeat baseline TB screening if the time frame between employment from one facility or hospital to another does not exceed 90 days. If the time frame between employment from one facility or hospital to another exceeds 90 days, baseline TB screening shall be restarted for an HCW with a previous negative test result and a TB symptom screen shall be performed for an HCW with a previous positive TB test result in accordance with 59.5(5). 59.7(2) HCWs transferring from a low-risk health care facility or hospital to a medium-risk health care facility or hospital. HCWs with documentation of baseline TB screening who are transferring from a low-risk health care facility or hospital to a medium-risk health care facility or hospital do not need to repeat baseline TB screening if the time frame between employment from one facility or hospital to another does not exceed 90 days. If the time frame between employment from one facility or hospital to another exceeds 90 days, baseline TB screening shall be restarted for an HCW with a previous negative test result and a TB symptom screen shall be performed for an HCW with a previous positive TB test result in accordance with 59.5(5). 59.7(3) HCWs transferring from a low- or medium-risk health care facility or hospital to a health care facility or hospital classified as potential ongoing transmission. HCWs with documentation of baseline TB screening who are transferring to a potential ongoing risk health care facility or hospital do not need to repeat baseline TB screening if the time frame between employment from one facility to another does not exceed 90 days. If the time frame between employment from one facility or hospital to another exceeds 90 days, baseline TB screening shall be restarted for an HCW with a previous negative test result and a TB symptom screen shall be performed for an HCW with a previous positive TB test result in accordance with 59.5(5). 59.7(4) HCWs transferring from a medium-risk health care facility or hospital to a low-risk health care facility or hospital. a. An HCW who is transferring from a medium-risk health care facility or hospital to a low-risk health care facility or hospital and whose previous TB test result was negative shall receive a symptom screen and a single TST or IGRA upon employment if the time frame between employment from one facility to another does not exceed 90 days. If the time frame between employment from one facility or hospital to another exceeds 90 days, baseline TB screening shall be restarted. b. An HCW who is transferring from a medium-risk health care facility or hospital to a low-risk health care facility or hospital and whose previous TB test result was positive shall receive a symptom screen upon employment in accordance with 59.5(5). 59.7(5) HCWs transferring from a health care facility or hospital classified as potential ongoing transmission to a low- or medium-risk health care facility or hospital. a. An HCW who is transferring from a health care facility or hospital classified as potential ongoing transmission to a low- or medium-risk health care facility or hospital and whose previous TB test result was negative shall receive a symptom screen and a single TST or IGRA upon employment if the time frame between employment from one facility to another does not exceed 90 days. If the time frame between employment from one facility or hospital to another exceeds 90 days, baseline TB screening shall be restarted. b. An HCW who is transferring from a health care facility or hospital classified as potential ongoing transmission to a low- or medium-risk health care facility or hospital and whose previous TB test result was positive shall receive a symptom screen upon employment in accordance with 59.5(5).481—59.8(135B,135C) Baseline TB screening procedures for residents of health care facilities. 59.8(1) Baseline TB screening is a formal procedure to evaluate residents for LTBI and TB disease. Baseline TB screening consists of two components: (1) assessing for current symptoms of active TB disease, and (2) using the two-step TST procedure or a single IGRA to screen for infection with M. tuberculosis. If the first-step TST result is negative, the second stage of the two-step TST is recommended one to three weeks after the first TST result was read. Administration of the second stage of the two-step TST shall not exceed 12 months after the first TST result was read. If the second stage of the two-step TST is greater than 12 months from when the first TST result was read, the two-step procedure must be restarted. If the first-step TST result is positive, it is not necessary to perform the second stage of the two-step TST. 59.8(2) All residents shall be assessed for current symptoms of active TB disease upon admission. Within 72 hours of a resident’s admission, baseline TB screening for infection shall be initiated unless baseline TB screening occurred within 90 days prior to the resident’s admission. 59.8(3) A resident with a new positive test result for M. tuberculosis infection (i.e., TST or IGRA) shall receive one chest radiograph result to exclude TB disease. Repeat radiographs are not needed unless signs or symptoms of TB disease develop or unless a repeat radiograph is recommended by a clinician. 59.8(4) Residents with documentation of past positive test results (i.e., TST or IGRA) and documentation of the results of a chest radiograph indicating no active disease, dated after the date of the positive TST or IGRA test result, do not need another chest radiograph at the time of admission. 59.8(5) TB, TST or IGRA tests for M. tuberculosis infection do not need to be performed for residents with a documented history of TB disease, documented previously positive test result for M. tuberculosis infection, or documented completion of treatment for LTBI or TB disease. Documentation of a previously positive test result for M. tuberculosis infection can be substituted for a baseline test result if the documentation includes a recorded TST result in millimeters or IGRA result, including the concentration of cytokine measured (e.g., IFN-g). All other residents should undergo baseline testing for M. tuberculosis infection to ensure that the test result on record in the setting has been performed and measured using the recommended diagnostic procedures.481—59.9(135B,135C) Serial TB screening procedures for residents of health care facilities. After baseline TB screening is accomplished, serial TB screening of residents is not recommended.481—59.10(135B,135C) Performance of screening and testing. Any nurse licensed in Iowa and properly trained to screen for TB and perform TB testing may screen for TB and perform TB testing. These rules are intended to implement Iowa Code sections 135B.7 and 135C.14. [Filed 7/11/18, effective 9/5/18][Published 8/1/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 8/1/18.ARC 3931CNatural Resource Commission[571]Adopted and FiledRule making related to Iowa River buoys and speed restrictions
The Natural Resource Commission hereby amends Chapter 40, “Boating Speed and Distance Zoning,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 462A.26 and 462A.32.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 462A.26 and 462A.32.Purpose and Summary Pursuant to Iowa Code section 17A.7, the Scenic City Empress Boat Club (SCEBC) petitioned the Commission to amend Chapter 40 regarding regulation of buoys and speed restrictions in waters under the jurisdiction of the Commission. SCEBC operates riverboat cruises from its property at 1113 Union Street in Iowa Falls on the Iowa River. The petitioner has indicated that the safety of passengers loading and unloading from its Empress Riverboat is put at risk by the wakes of passing boats rocking the riverboat at its dock. SCEBC requested that the Commission designate a no-wake zone, marked by buoys, extending no more than 75 feet into the river channel, beginning at SCEBC’s west property boundary and ending at its east property boundary. The Commission supported the petition and undertook this rule making for the following reasons: (1) a no-wake zone will ensure passenger safety while passengers are boarding and unloading at the SCEBC dock, (2) safe operation of the Empress Riverboat will help support tourism which the riverboat cruises bring to Hardin County, and (3) the placement of buoys will clearly mark the no-wake zone for all river users. Therefore, the Commission adopts new subrules 40.36(3) and 40.36(4) to change the zoning of the Iowa River in Hardin County to add a no-wake zone adjacent to the SCEBC property in Iowa Falls, Iowa. The new subrules clarify that the SCEBC is responsible for the placement and maintenance of the buoys designating the no-wake zone. The language retains the provision that the City of Iowa Falls is responsible for the existing speed zone between the River Street Bridge and the dock at Dougan’s Landing.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on May 9, 2018, as ARC 3782C. A public hearing was held on May 29, 2018, from 1 to 2 p.m. at Conference Room 4W, Wallace State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received during the open comment period. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on July 12, 2018.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. However, the Empress Riverboat is a large tourist draw for the county and positively impacts the local economy. Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on September 5, 2018. The following rule-making actions are adopted:
ITEM 1. Adopt the following new subrule 40.36(3): 40.36(3) All vessels operated in a designated zone beginning at the west property boundary and ending at the east property boundary of the Scenic City Empress Boat Club property located at 1113 Union Street shall be operated at a no-wake speed. The zone shall not extend more than 75 feet into the Iowa River channel. ITEM 2. Adopt the following new subrule 40.36(4): 40.36(4) The Scenic City Empress Boat Club shall designate and maintain the no-wake zone with marker buoys approved by the natural resource commission. [Filed 7/13/18, effective 9/5/18][Published 8/1/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 8/1/18.ARC 3932CProfessional Licensure Division[645]Adopted and FiledRule making related to practice of respiratory care and polysomnography
The Board of Respiratory Care and Polysomnography hereby amends Chapter 261, “Licensure of Respiratory Care Practitioners, Polysomnographic Technologists, and Respiratory Care and Polysomnography Practitioners,” and Chapter 262, “Continuing Education for Respiratory Care Practitioners and Polysomnographic Technologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 148G.5 and 152B.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 148G.5 and 152B.6.Purpose and Summary Item 1 corrects the name of the National Board for Respiratory Care. Item 2 updates the Board’s address. Items 3 and 6 clarify the required documentation for a background check. Applicants will get informational documents in a packet from the Board of Respiratory Care and Polysomnography that do not need to be submitted with a license application. This rule making clarifies that for the background check, the Board needs the cards and not the informational documents. Items 4 and 5 add options for respiratory care students seeking to meet the requirements for polysomnography licensure. This change in rule more closely matches options given in the Iowa Code. Item 7 changes the number of continuing education hours that a dual licensee must earn from in-person courses. This change brings the requirements in line with the other two licenses issued by the Board. Item 8 reletters paragraph 262.3(2)“e” as 262.3(2)“f” to allow for the new paragraph in Item 9. Item 9 allows licensees to earn continuing education for trainings that may not be related to a clinical process but are still in an area of education that is utilized by the practitioner in the practitioner’s regular practice. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 14, 2018, as ARC 3617C. A public hearing was held on March 7, 2018, at 8:30 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. Public comment was received requesting that the Board change the term used to define a sleep education program. The current language uses “sleep add-on program” to reference additional education in polysomnography that respiratory care students may receive. The request from the public was to use the term “sleep specialist program option.” Public comment also requested that the Commission on Accreditation of Allied Health Education Programs (CAAHEP) be added as an accrediting body. These changes match the terminology used by the accrediting body Commission on Accreditation for Respiratory Care (CoARC). After a review of public comments, the Board voted to change the language in Item 4 to allow for a program accredited by CoARC or CAAHEP and voted to change “sleep add-on program” to “sleep specialist program option” in Item 5. The Board believes the changes from the Notice do not impact the intent or implementation of the rule.Adoption of Rule Making This rule making was adopted by the Board on May 15, 2018.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 645—Chapter 18.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on September 5, 2018. The following rule-making actions are adopted:
ITEM 1. Amend rule 645—261.1(148G,152B), definition of “NBRC,” as follows: "NBRC" means the National Board offor Respiratory Care. ITEM 2. Amend paragraph 261.2(1)"a" as follows: a. The applicant shall complete a board-approved application packet. Application forms may be obtained from the board’s Web site (http://idph.iowa.gov/Licensing)website (idph.iowa.gov/Licensing) or directly from the board office or may be submitted electronically at https://IBPLicense.iowa.govIBPLicense.iowa.gov. Paper applications shall be sent to Board of Respiratory Care and Polysomnography, Professional Licensure Division, Fifth Floor, Lucas State Office Building,321 E. 12th Street, Des Moines, Iowa 50319-0075. ITEM 3. Amend paragraph 261.2(1)"d" as follows: d. The applicant shall submit two completed sets of the fingerprint packetcards to facilitate a national criminal history background check. The cost for the evaluation of the fingerprint packetcards and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI) criminal history background checks shall be assessed to the applicant. The board may withhold issuing a license pending receipt of a report from the DCI and FBI. ITEM 4. Amend subrule 261.4(2) as follows: 261.4(2) Graduation from a respiratory carean entry into respiratory care professional practice program accredited by CoARC and completion of the sleep add-on program accredited by CoARC. Aor CAAHEP for which a transcript shall be submitted to the board office directly from the college or university; orand direct-source verification of one of the following: a. Completion of a sleep specialist program option accredited by CoARC or CAAHEP, or b. Obtaining the sleep disorder specialist credential from the NBRC, or c. Obtaining the registered polysomnographic technologist credential from the BRPT; or ITEM 5. Amend paragraph 261.5(2)"b" as follows: b. Completion of a sleep add-on programspecialist program option accredited by CoARC. Aor CAAHEP for which a transcript shall be submitted to the board office directly from the college or university; orand direct-source verification of one of the following: (1) Completion of the curriculum for a polysomnographic certificate established and accredited by the CAAHEP as an extension of the respiratory care program, or (2) Obtaining the sleep disorder specialist credential from the NBRC, or (3) Obtaining the registered polysomnographic technologist credential from the BRPT; or ITEM 6. Amend subrule 261.14(3) as follows: 261.14(3) If the license has been inactive for two or more years, the licensee shall submit two completed sets of the fingerprint packetcards to facilitate a national criminal history background check. The cost for the evaluation of the fingerprint packet and the DCI and FBI criminal history background checks shall be assessed to the applicant. The board may withhold issuing a license pending receipt of a report from the DCI and FBI. ITEM 7. Amend paragraph 262.2(1)"b" as follows: b. For respiratory care and polysomnography practitioner licensees: complete a minimum of 24 hours of continuing education. EighteenFourteen of the 24 hours of continuing education shall be earned by completing a program in which the instructor conducts the class in person or by employing an electronic technology that allows for real-time communication between the instructor and licensee. At least 8 hours but not more than 12 hours shall be on sleep-related topics. ITEM 8. Reletter paragraph 262.3(2)"e" as 262.3(2)"f". ITEM 9. Adopt the following new paragraph 262.3(2)"e": e. A maximum of 6 hours of continuing education may be obtained by completing programs which enhance a supplemental or complementary skill set directly related to the practice of respiratory care or polysomnography. Content areas include but are not limited to record keeping, electronic medical records, geriatric care, mandatory reporter training, and ethics. [Filed 7/9/18, effective 9/5/18][Published 8/1/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 8/1/18.ARC 3933CPublic Employment Relations Board[621]Adopted and FiledRule making related to retention and recertification elections
The Public Employment Relations Board hereby amends Chapter 5, “Elections,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 20.6(5).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 20.15(2).Purpose and Summary The agency adopted emergency rules effective August 10, 2017, to implement provisions of 2017 Iowa Acts, House File 291. The agency subsequently adopted amendments to clarify the emergency rules, and those amendments became effective June 13, 2018. The amendment adopted herein provides additional clarification to the rules regarding retention and recertification elections based on feedback and internal review. This amendment clarifies that the agency will only conduct an election if the employer and the certified employee organization are parties to a collective bargaining agreement. The adopted amendment conforms subrule 5.6(1) to Iowa Code section 20.15(2)“a.”Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 6, 2018, as ARC 3825C. The agency requested that comments be submitted by June 26, 2018. The agency received no formal comments but did respond to clarifying questions. The agency received questions regarding the number of units that do not have collective bargaining agreements. Out of the nearly 1,200 certified bargaining units, only a handful of units have consistently gone without a collective bargaining agreement even before Iowa Code chapter 20 was amended in February of 2017. For units that do not have collective bargaining agreements, Iowa Code sections 20.15(2) and 20.15(3) do not authorize the agency to conduct either a retention and recertification election or a decertification election for those units, because both elections are predicated on the existence of a current collective bargaining agreement. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on July 12, 2018.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers These rules do not provide for a waiver of their terms, but are instead subject to the agency’s general waiver provisions found at rule 621—1.9(17A,20).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on September 5, 2018. The following rule-making action is adopted:
ITEM 1. Amend subrule 5.6(1) as follows: 5.6(1) Timing of election periods. a. TheWhen an employer and certified employee organization are parties to a collective bargaining agreement, the agency shall conduct an election, prior to the expiration of a collective bargaining agreement between an employer and a certified employee organization, to determine if the employees in a represented bargaining unit wish to retain and recertify the unit’s certified representative. Elections will be conducted not less than once every five years. b. For a certified employee organization that is a party to a collective bargaining agreement with a June 30 expiration date, the organization’s retention and recertification election shall occur not earlier than June 1 nor later than November 1 in the year prior to the expiration of the agreement. c. For a certified employee organization that is a party to a collective bargaining agreement with an expiration date other than June 30, the organization’s retention and recertification election shall occur not earlier than 365 days nor later than 270 days prior to the expiration of the agreement, except as provided in subrule 5.6(10). d. If the certified employee organization has paid the applicable election fee in a timely manner as provided in subrule 5.6(5), the organization’s status shall not be adversely affected if the election is not concluded in compliance with this rule. e. When scheduling a retention and recertification election, the agency will presume the collective bargaining agreement is for a term of one year commencing July 1 and ending June 30 unless the agreement clearly states an alternate term and effective dates. f. Should an employer fail to file a collective bargaining agreement with the agency as required by Iowa Code section 20.29, or if the parties have no agreement, the agency will, for purposes of scheduling the election, presume a maximum expiration date of five years pursuant to Iowa Code section 20.9 or two years pursuant to Iowa Code section 20.15, whichever is applicable, unless the employer subsequently submits a collective bargaining agreement that allows the agency to conduct an earlier election in accordance with subrule 5.6(1).The agency shall not conduct an election if the employer and certified employee organization are not parties to a collective bargaining agreement. g. An extension of a collective bargaining agreement will alter the timing of the retention and recertification election only if the parties have reached agreement on the extension and have notified the agency in writing prior to the date the fee is due as set forth in the notice of intent to conduct the election. Should the parties’ collective bargaining agreement inclusive of any extensions exceed five years, the agency will, for purposes of scheduling the election, presume a maximum duration of five years pursuant to Iowa Code section 20.9 or two years pursuant to Iowa Code section 20.15, whichever is applicable. h. At least 30 days prior to the commencement of the retention and recertification election period, a public employer shall notify the agency if the certified employee organization has not been correctly identified as one which requires an upcoming election. The public employer shall submit to the agency all relevant information requested. The agency shall conduct an investigation to determine whether the election is required by statute and rule. [Filed 7/13/18, effective 9/5/18][Published 8/1/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 8/1/18.ARC 3934CSoil Conservation and Water Quality Division[27]Adopted and FiledRule making related to forestry technical guide
The Soil Conservation and Water Quality Division hereby amends Chapter 12, “Water Protection Practices—Water Protection Fund,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 161A.4(1).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 161A.2.Purpose and Summary This amendment updates the reference to the Department of Natural Resources’ forestry technical guide. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 6, 2018, as ARC 3819C. No public comments were received. Two changes were made from the Notice. A URL was updated for the electronic field office technical guide, and a technical fix was made to the name of the referenced department.Adoption of Rule Making This rule making was adopted by the Division on July 11, 2018.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 27—Chapter 8.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on September 5, 2018. The following rule-making action is adopted:
ITEM 1. Amend rule 27—12.83(161C) as follows:27—12.83(161C) Practice standards and specifications. Soil and water conservation practices shall meet Natural Resources Conservation Service conservation standards and specifications where applicable. These standards may be accessed through the electronic field office technical guide at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=IAefotg.sc.egov.usda.gov/efotg_locator.aspx.Tree planting, forest stand improvement, site preparation for natural regeneration and rescue treatment standards may be accessed through the department of natural resource’sresources’ forestry technical guide found at http://www.iowadnr.com/forestry/pdf/techguide.pdfwww.iowadnr.gov/Portals/idnr/uploads/forestry/ForestryTechguide.pdf.Standards and specifications are also available in hard copy in the district office where the practice will be implemented. These specifications and the general conditions, rule 27—10.81(161A), shall be met in all cases. To the extent of any inconsistency between the general conditions and the specifications, the general conditions shall control. [Filed 7/11/18, effective 9/5/18][Published 8/1/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 8/1/18.ARC 3935CTransportation Department[761]Adopted and FiledRule making related to special registration plates
The Department of Transportation hereby amends Chapter 401, “Special Registration Plates,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.34(13).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 17A and section 321.34.Purpose and Summary The Department is updating Chapter 401 by removing barriers to accepting certain registration plate applications electronically and conforming the rules with 2016 Iowa Acts, chapter 1068, section 1, which amended Iowa Code section 321.34(13) by replacing the provisions for a new special processed emblem license plate with provisions for a special decal license plate. These amendments strike the requirement that the signatures on the emergency medical services plate application be original and notarized, which will allow the application to be submitted to the Department electronically. The amendments also align the chapter to current Iowa Code section 321.34 by rescinding the rules regarding special processed emblem license plates and adopting rules for a special license plate that contains a space for the display of an organization decal (sticker), including outlining the process for a qualifying organization’s applying to create a new decal and the process for applying for a decal license plate. In addition, the amendments establish the correct dimensions for a decal and clarify the denial, revocation and appeal process. Prior to the 2016 legislative change, anyone could submit a request to the Department for approval of a new special registration plate with a processed emblem. If the Department approved the request and the design of the proposed emblem, a minimum of 500 paid applications were required before the Department began issuing the plate. If sufficient applications were not received within one year, rules allowed the Department to cancel the approval. An alternative process within the Department’s rules allowed for a state agency to sponsor a special registration plate. However, when the legislature amended Iowa Code section 321.34, the process for requesting a new special processed emblem plate was replaced with a process for requesting a special registration plate containing a space reserved for placement of an organization decal to be designed, produced, and issued by a qualifying organization. New rules 761—401.15(17A,321) and 761—401.16(17A,321) align the chapter to current Iowa Code section 321.34 by providing for a special license plate that contains a space for the display of an organization decal. The plate is available without an additional special plate fee at the time of initial registration of a vehicle and is renewed annually upon payment of the regular annual registration fee for the vehicle. The special decal plate is also available as a personalized plate upon payment of personalized plate fees.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 6, 2018, as ARC 3820C. The Department did not receive requests for a public hearing but did receive written comments from the Department of Public Safety. These comments related to the following: