Prohibition of licensing sanctions for student loan debt default or delinquency, amend chs 2, 20, 23; rescind ch 16
ARC 4979C
MEDICINE BOARD[653]
Adopted and Filed
Rule making related to the prohibition of licensing sanctions for student loan debt default or delinquency
The Board of Medicine hereby amends Chapter 2, "Public Records and Fair Information Practices," rescinds Chapter 16, "Student Loan Default or Noncompliance," and amends Chapter 20, "Licensure of Genetic Counselors," and Chapter 23, "Grounds for Discipline," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code section 147.76 and 2019 Iowa Acts, Senate File 304.
State or Federal Law Implemented
This rule making implements, in whole or in part, 2019 Iowa Acts, Senate File 304.
Purpose and Summary
During the 2019 Legislative Session, changes were made to the Iowa Code that resulted in the repeal of Iowa Code sections 261.121 through 261.127 on July 1, 2019, and prohibited the suspension or revocation of a license issued by the Board to a person who is in default or is delinquent on repayment or a service obligation under federal or state postsecondary educational loans or private services-conditional postsecondary tuition assistance solely on the basis of such default or delinquency. This rule making implements the legislative changes as they pertain to the licensing of physicians, surgeons, acupuncturists, and genetic counselors in Iowa.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 18, 2019, as ARC 4806C. A public hearing was held on January 8, 2020, at 9 a.m. at the Board's office, Suite C, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. One change from the Notice has been made to add a rule implementation sentence to new rule 653—23.2(272C).
Adoption of Rule Making
This rule making was adopted by the Board on February 6, 2020.
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 653—Chapter 3.
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 April 15, 2020.
The following rule-making actions are adopted:
Item 1. Amend subrule 2.13(4) as follows:
2.13(4) Notwithstanding any statutory confidentiality provision, the board may share information with the child support recovery unit , and the department of revenue, and the college student aid commission through manual or automated means for the sole purpose of identifying licensees or applicants subject to enforcement under Iowa Code chapter 252J, 261, 272D or 598.
Item 2. Rescind and reserve 653—Chapter 16.
Item 3. Rescind rule 653—20.17(272C) and adopt the following new rule in lieu thereof:
653—20.17(272C) Student loan default or delinquency—prohibited grounds for discipline. The board shall not suspend or revoke a license issued by the board to a person who is in default or is delinquent on repayment or a service obligation under federal or state postsecondary educational loans or public or private services-conditional postsecondary tuition assistance solely on the basis of such default or delinquency.
Item 4. Rescind and reserve subrule 20.20(27).
Item 5. Amend rule 653—23.1(272C), introductory paragraph, as follows:
653—23.1(272C) Grounds for discipline. The board has authority to impose discipline for any violation of Iowa Code chapter 147, 148, 148E, 252J, 261, or 272C or 2008 Iowa Acts, Senate File 2428, division II, or the rules promulgated thereunder. The grounds for discipline apply to physicians and acupuncturists. This rule is not subject to waiver or variance pursuant to 653—Chapter 3 or any other provision of law. The board may impose any of the disciplinary sanctions set forth in 653—subrule 25.25(1), including civil penalties in an amount not to exceed $10,000, when the board determines that the licensee is guilty of any of the following acts or offenses:
Item 6. Rescind and reserve subrule 23.1(35).
Item 7. Adopt the following new rule 653—23.2(272C):
653—23.2(272C) Student loan default or delinquency—prohibited grounds for discipline. The board shall not suspend or revoke a license issued by the board to a person who is in default or is delinquent on repayment or a service obligation under federal or state postsecondary educational loans or public or private services-conditional postsecondary tuition assistance solely on the basis of such default or delinquency.
This rule is intended to implement Iowa Code section 272C.4(10).
[Filed 2/19/20, effective 4/15/20]
[Published 3/11/20]
Editor's Note: For replacement pages for IAC, see IAC Supplement 3/11/20.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 3/11/2020.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 653-2.13(4) Rule 653-20.17 Rule 653-20.20(27) Rule 653-23.1 Rule 653-23.1(35) Rule 653-23.2 Rule 653-25.25(1)The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 147 Iowa Code 148 Iowa Code 148E Iowa Code 252J Iowa Code 261 Iowa Code 272C Iowa Code 272D Iowa Code 598The following keywords and tags were added to this document. You may click a keyword to view related notices.
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