ARC 0622D

ARC 0622D

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Proposing rulemaking related to perinatal health care and smokefree air
and providing an opportunity for public comment

    The Department of Health and Human Services hereby proposes to amend Chapter 150, “Iowa Regionalized System of Perinatal Health Care,” and Chapter 153, “Smokefree Air,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 135.11(22) and 142D.8(1).

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 142D and section 135.11(22).

Purpose and Summary

    This proposed rulemaking corrects inadvertent errors and omissions from earlier chapter repromulgations.

    During the 2024 Red Tape Review of Chapter 150, the reverification cycle for hospital level of care designation within the regionalized system of perinatal health care was changed from every three years to every six years. While the term was changed in subrule 150.5(3), the Department inadvertently did not make the corresponding change to the definition of “reverification” in rule 641—150.2(135). This proposed rulemaking corrects that oversight.

    During the 2023 Red Tape Review of Chapter 153, the Department deleted the definition of “retail tobacco store” because it was repeated verbatim from Iowa Code chapter 142D. With the definition of “retail tobacco store” deleted, the Department also deleted the definition of “incidental to the sale of tobacco products” because it contained the term “retail tobacco store.” The Department’s philosophy on Red Tape Reviews has evolved since 2023, and rather than delete a definition that is verbatim from the Iowa Code, the Department would now keep the definition and cite the corresponding Iowa Code section. This proposed rulemaking restores the definition of “retail tobacco store,” citing Iowa Code chapter 142D, and restores the definition of “incidental to the sale of tobacco products.” Both definitions are critical to the Department’s enforcement of the Smokefree Air Act outlined in Iowa Code chapter 142D.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 19, 2026. A public hearing was held on the following date(s):

     ?   September 8, 2026

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking 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—Chapter 2504.

Public Comment

     Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on October 20, 2026. Comments should be directed to:

Public Hearing

     A public hearing at which persons may present their views orally or in writing will be held as follows:

    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 rulemaking.

     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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.  Amend rule 641—150.2(135), definition of “Reverification,” as follows:

    “Reverification” means the process of periodic review, conducted at least every three six years, to certify that a hospital has maintained its designated level of care in accordance with criteria established under these rules for hospitals that are participating in the regionalized system of perinatal health care.

    ITEM 2.  Adopt the following new definitions of “Incidental to the sale of tobacco products” and “Retail tobacco store” in rule 641—153.1(142D):

    “Incidental to the sale of tobacco products” means that the gross revenue of a retail tobacco store derived from the sale of products other than tobacco products is not more than 20 percent of the retail tobacco store’s total gross revenue.

    “Retail tobacco store” means the same as defined in Iowa Code chapter 142D.