ARC 3477C

ARC 3477C

DENTAL BOARD[650]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code sections 147.2, 153.15A, 153.21, 153.33B, and 153.39, the Dental Board hereby gives Notice of Intended Action to amend Chapter 11, "Licensure to Practice Dentistry or Dental Hygiene," and Chapter 20, "Dental Assistants," Iowa Administrative Code.

The purpose of the proposed amendments is to implement a clearer pathway for the review of applications for license, permit, registration or qualification, which include information requiring additional review prior to issuance; how to determine when a license or registration should be issued; and when an application must be forwarded to the Dental Hygiene Committee or the Board for final review and decision prior to issuance.

Any interested person may make written comments on the proposed amendments on or before January 9, 2018. Such written materials should be directed to Phil McCollum, Associate Director, Iowa Dental Board, 400 S.W. Eighth Street, Suite D, Des Moines, Iowa 50309; or sent by email to phil.mccollum@iowa.gov.

There will be a public hearing on January 9, 2018, at 2 p.m.in the Board office, 400 S.W. Eighth Street, Suite D, Des Moines, Iowa, at which time persons may present their views orally or in writing.

The proposed amendments to Chapters 11 and 20 are subject to waiver or variance pursuant to 650—Chapter 7.

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

These amendments are intended to implement Iowa Code sections 147.2, 153.15A, 153.21, 153.33B, and 153.39.

The following amendments are proposed.

Item 1. Amend rule 650—11.8(147,153) as follows:

650—11.8(147,153) Review of applications. Upon receipt of a completed application, the executive director as authorized by the board has discretion to:

1.Authorize the issuance of the license , or permit, or registration.

2.Refer the license , or permit , or registration application to the license and registration committee for review and consideration when the executive director determines that matters including, but not limited to, prior criminal history, chemical dependence, competency, physical or psychological illness, malpractice claims or settlements, or professional disciplinary history are relevant in determining the applicants' qualifications for license , or permit, or registration.

11.8(1) Following review and consideration of a license, permit, or registration an application referred by the executive director, the license and registration committee may at its discretion:

a. Recommend to the board issuance of the license, permit, or registration Authorize the executive director to issue the license or permit.

b. Recommend to the board denial of the license, permit, or registration Send the application to the board for further review and consideration.

c. Recommend to the board issuance of the license, permit, or registration under certain terms and conditions or with certain restrictions.

d. Refer the license, permit, or registration application to the board for review and consideration without recommendation.

11.8(2) Following review and consideration of a license , or permit , or registration application referred by the license and registration committee, the board shall:

a. Authorize the issuance of the license , or permit, or registration,

b. Deny the issuance of the license , or permit, or registration, or

c. Authorize the issuance of the license , or permit, or registration under certain terms and conditions or with certain restrictions.

11.8(3) The license and registration committee or board may require an applicant to appear for an interview before the committee or the full board as part of the application process.

11.8(4) The license and registration committee or board may defer final action on an application if there is an investigation or disciplinary action pending against an applicant, who may otherwise meet the requirements for license , or permit, or registration, until such time as the committee or board is satisfied that licensure or registration of the applicant poses no risk to the health and safety of Iowans.

11.8(5) The dental hygiene committee shall be responsible for reviewing any applications submitted by a dental hygienist that require review in accordance with this rule. Following review by the dental hygiene committee, the committee shall make a recommendation to the board regarding issuance of the license or permit. The board's review of the dental hygiene committee's recommendation is subject to 650—Chapter 1.

11.8(6) An application for a license, permit, or reinstatement of a license will be considered complete prior to receipt of the criminal history background check on the applicant by the FBI for purposes of review and consideration by the executive director, the license and registration committee, or the board. However, an applicant is required to submit an additional completed fingerprint packet and fee within 30 days of a request by the board if an earlier fingerprint submission has been determined to be unacceptable by the DCI or FBI.

Item 2. Adopt the following new rule 650—20.18(147,153):

650—20.18(147,153) Review of applications. Upon receipt of a completed application, the executive director as authorized by the board has discretion to:

1.Authorize the issuance of the registration or qualification.

2.Refer the registration or qualification application to the license and registration committee for review and consideration when the executive director determines that matters including, but not limited to, prior criminal history, chemical dependence, competency, physical or psychological illness, malpractice claims or settlements, or professional disciplinary history are relevant in determining the applicants' qualifications for registration or qualification.

20.18(1) Following review and consideration of an application referred by the executive director, the license and registration committee may at its discretion:

a. Authorize the executive director to issue the registration or qualification.

b. Send the application to the board for further review and consideration.

20.18(2) Following review and consideration of a registration or qualification application referred by the license and registration committee, the board shall:

a. Authorize the issuance of the registration or qualification,

b. Deny the issuance of the registration or qualification, or

c. Authorize the issuance of the registration or qualification under certain terms and conditions or with certain restrictions.

20.18(3) The license and registration committee or board may require an applicant to appear for an interview before the committee or the full board as part of the application process.

20.18(4) The license and registration committee or board may defer final action on an application if there is an investigation or disciplinary action pending against an applicant, who may otherwise meet the requirements for registration or qualification, until such time as the committee or board is satisfied that registration or qualification of the applicant poses no risk to the health and safety of Iowans.