ARC 7002C

ARC 7002C

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Rule making related to licensure and continuing education

The Board of Dietetics hereby amends Chapter 81, "Licensure of Dietitians," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code chapters 147 and 152A.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapters 147 and 152A.

Purpose and Summary

This rule making changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed and disclose public or pending complaints in any other jurisdiction. This rule making also allows for the verification of active practice in lieu of continuing education during reactivation.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 16, 2022, as ARC 6655C. A public hearing was held on December 7, 2022, at 8:30 a.m.in the Fifth Floor Board Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Board on March 17, 2023.

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 Professional Licensure Division are subject to the waiver provisions accorded under 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 May 24, 2023.

The following rule-making actions are adopted:

Item 1. Amend rule 645—81.7(152A) as follows:

645—81.7(152A) Licensure by endorsement. An applicant who has been a licensed dietitian under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

1. to 4. No change.

5.Provides verification of license(s) license from every the jurisdiction in which the applicant has most recently been licensed, sent directly from the jurisdiction(s) jurisdiction to the board office. The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction's board office if the verification provides:

●Licensee's name;

●Date of initial licensure;

●Current licensure status; and

●Any disciplinary action taken against the license.

Item 2. Amend subparagraph 81.15(3)"a"(1), introductory paragraph, as follows:

(1)Verification of the license(s) license from every the jurisdiction in which the applicant is or has been licensed and is or has most recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) jurisdiction to the board office. The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction's board office if the verification includes:

Item 3. Amend subparagraph 81.15(3)"a"(2) as follows:

(2)Verification of completion of 30 hours of continuing education within two years of the application for reactivation or verification of active practice, consisting of at least 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.

Item 4. Amend subparagraph 81.15(3)"b"(1), introductory paragraph, as follows:

(1)Verification of the license(s) license from every the jurisdiction in which the applicant is or has been licensed and is or has most recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) jurisdiction to the board office. The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction's board office if the verification includes:

Item 5. Amend subparagraph 81.15(3)"b"(2) as follows:

(2)Verification of completion of 60 hours of continuing education within two years of application for reactivation or verification of active practice, consisting of at least 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.

[Filed 3/30/23, effective 5/24/23]

[Published 4/19/23]

Editor's Note: For replacement pages for IAC, see IAC Supplement 4/19/23.