Chiropractic physicians—licensure, criminal convictions, wallet cards, 41.6(3), 41.8, 45.2(11)
PROFESSIONAL LICENSURE DIVISION
Notice of Intended Action
Proposing rule making related to licensure, criminal convictions,
and wallet cards and providing an opportunity for public comment
The Board of Chiropractic hereby proposes to amend Chapter 41, "Licensure of Chiropractic Physicians," and Chapter 45, "Discipline for Chiropractic Physicians," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code sections 17A.3, 147.10 and 272C.4 and 2020 Iowa Acts, House File 2627.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 147.10 and 2020 Iowa Acts, House File 2627.
Purpose and Summary
The proposed amendments implement the provisions of 2020 Iowa Acts, House File 2627 by (1) updating the Board's licensure rules to include a reference in the new 645—Chapter 19 (ARC 5367C, IAB 12/30/20), which implements new Iowa Code section 272C.12, and (2) updating the Board's rules regarding criminal convictions as grounds for discipline. The proposed amendments also remove references to wallet cards and update an obsolete cross-reference.
This rule making has minimal fiscal impact to the State of Iowa. Licensees would no longer need to pay to receive duplicate wallet cards and instead would be able to print their own renewal verification if needed. It is unknown how many applicants would continue to elect to submit paper applications, which would incur an additional cost to cover processing time, instead of using the online application system without incurring an additional cost.
After analysis and review of this rule making, there is a potential positive impact on jobs because individuals who may have been ineligible for licensure may be eligible for licensure as a result of this rule making.
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.
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 March 16, 2021. Comments should be directed to:
Professional Licensure Division
Iowa Department of Public Health
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
A public hearing at which persons may present their views orally or in writing will be held as follows:
March 16, 2021
9 to10 a.m.
Via telephone: 408.418.9388
Access code: 146 783 2932
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. In an effort to ensure accuracy in memorializing a person's comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.
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 actions are proposed:
Item 1. Adopt the following new subrule 41.6(3):
41.6(3) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements of licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C).
Item 2. Amend subrules 41.8(5) to 41.8(7) as follows:
41.8(5) Upon receiving the information required by this rule and the required fee, board staff shall administratively issue a two-year license and shall send the licensee a wallet card by regular mail. In the event the board receives adverse information on the renewal application, the board shall issue the renewal license but may refer the adverse information for further consideration or disciplinary investigation.
41.8(6) A person licensed to practice as a chiropractic physician shall keep the license certificate and wallet card(s) renewal displayed in a conspicuous public place at the primary site of practice.
41.8(7) Late renewal. The license shall become late when the license has not been renewed by the expiration date on the wallet card renewal. The licensee shall be assessed a late fee as specified in 645—subrule 5.4(4) 645—subrule 5.14(4). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.
Item 3. Rescind subrule 45.2(11) and adopt the following new subrule in lieu thereof:
45.2(11) Being convicted of an offense that directly relates to the duties and responsibilities of the profession. A conviction includes a guilty plea, including Alford and nolo contendere pleas, or a finding or verdict of guilt, even if the adjudication of guilt is deferred, withheld, or not entered. A copy of the guilty plea or order of conviction constitutes conclusive evidence of conviction. An offense directly relates to the duties and responsibilities of the profession if the actions taken in furtherance of the offense are actions customarily performed within the scope of practice of the profession or the circumstances under which the offense was committed are circumstances customary to the profession.