ARC 7306C

ARC 7306C

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Proposing rulemaking related to fees and providing an opportunity for public comment

The Department of Inspections, Appeals, and Licensing hereby proposes to rescind Chapter 5, "Fees," Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code chapters 17A and 272C and section 147.80 and Executive Order 10 (January 10, 2023).

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147 and 272C.

Purpose and Summary

The purpose of this proposed chapter is to establish fees for licensed professions. This chapter provides fees for the following boards: Hearing Aid Specialist Board, Speech Pathology and Audiology Board, Nursing Home Administrative Board, Optometry Board, Sign Language Interpreters and Transliterators Board, Barbering and Cosmetology Arts and Sciences Board, Physical and Occupational Therapy Board, Athletic Training Board, Mortuary Science Board, Physician Assistants Board, Chiropractic Board, Behavioral Science Board, Psychology Board, Social Work Board, Podiatry Board, Massage Therapy Board, Dietetics Board and the Respiratory Care Board.

A public hearing was held November 21, 2023, after proper notice. No public comment was received.

Fiscal Impact

This rulemaking will have no fiscal impact on the State of Iowa. Staff salaries to support the work of the boards are covered by the Licensing and Regulation Fund established in 2023 Iowa Acts, Senate File 557. Licensing fees go to the Fund to cover operations of the regulated professional licensing boards.

Jobs Impact

After analysis and review of this rulemaking, there will be a positive impact on jobs in Iowa since the rulemaking reduces the regulatory burdens on Iowans and allows Iowans to more freely engage in individual and business pursuits.

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 481—Chapter 6.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on February 13, 2024. Comments should be directed to:

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at a 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 a 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. Rescind 645—Chapter 5 and adopt the following new chapter in lieu thereof:

CHAPTER 5

FEES

645—5.1(147,152D) Athletic training license fees. All fees are nonrefundable.

5.1(1) License fee for license to practice athletic training is $120.

5.1(2) Temporary license fee for license to practice athletic training is $120.

5.1(3) Biennial license renewal fee for each biennium is $120.

5.1(4) Late fee for failure to renew before expiration is $60.

5.1(5) Reactivation fee is $180.

5.1(6) Duplicate or reissued license certificate fee is $20.

5.1(7) Verification of license fee is $20.

5.1(8) Returned check fee is $25.

5.1(9) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code chapters 17A, 147, 152D and 272C.

645—5.2(147,158) Barbering license fees. All fees are nonrefundable.

5.2(1) License fee for an initial license to practice barbering, license by endorsement, license by reciprocity or an instructor's license is $60.

5.2(2) Biennial renewal fee for a barber license or barber instructor license is $60.

5.2(3) Temporary permit fee is $12.

5.2(4) Practical examination fee is $75.

5.2(5) Demonstrator permit fee is $45 for the first day and $12 for each day thereafter for which the permit is valid.

5.2(6) Barber school license fee is $600.

5.2(7) Barber school annual renewal fee is $300.

5.2(8) Barbershop license fee is $72.

5.2(9) Biennial renewal fee for a barbershop license is $72.

5.2(10) Late fee for failure to renew before expiration is $60.

5.2(11) Reactivation fee for a barber license is $120.

5.2(12) Reactivation fee for a barbershop license is $132.

5.2(13) Reactivation fee for a barber school license is $360.

5.2(14) Duplicate or reissued license certificate fee is $20.

5.2(15) Verification of license fee is $20.

5.2(16) Returned check fee is $25.

5.2(17) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.80 and chapter 158.

645—5.3(147,154D) Behavioral science license fees. All fees are nonrefundable.

5.3(1) License fee for license to practice marital and family therapy or mental health counseling is $120.

5.3(2) Temporary license fee for license to practice marital and family therapy or mental health counseling is $120.

5.3(3) License fee for license to practice as a behavior analyst or assistant behavior analyst is $120. Behavior analyst and assistant behavior analyst licenses issued for less than one year shall not be subject to a renewal fee for the first renewal.

5.3(4) Biennial license renewal fee for each biennium is $120.

5.3(5) Late fee for failure to renew before expiration is $60.

5.3(6) Reactivation fee is $180.

5.3(7) Duplicate or reissued license certificate fee is $20.

5.3(8) Verification of license fee is $20.

5.3(9) Returned check fee is $25.

5.3(10) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 154D and 272C.

645—5.4(151) Chiropractic license fees. All fees are nonrefundable.

5.4(1) License fee for license to practice chiropractic is $270.

5.4(2) Fee for issuance of annual temporary certificate is $120.

5.4(3) Biennial license renewal fee is $120.

5.4(4) Late fee for failure to renew before the expiration date is $60.

5.4(5) Reactivation fee is $180.

5.4(6) Duplicate or reissued license certificate fee is $20.

5.4(7) Fee for verification of license is $20.

5.4(8) Returned check fee is $25.

5.4(9) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code chapters 17A, 151 and 272C.

645—5.5(147,157) Cosmetology arts and sciences license fees. All fees are nonrefundable.

5.5(1) License fee for license to practice cosmetology arts and sciences, license by endorsement, license by reciprocity, or an instructor's license is $60.

5.5(2) Biennial license renewal fee for each license for each biennium is $60.

5.5(3) Late fee for failure to renew before expiration is $60.

5.5(4) Reactivation fee for applicants licensed to practice cosmetology is $120; for salons, $144; and for schools, $330.

5.5(5) Duplicate or reissued license certificate fee is $20.

5.5(6) Fee for verification of license is $20.

5.5(7) Returned check fee is $25.

5.5(8) Disciplinary hearing fee is a maximum of $75.

5.5(9) Fee for license to conduct a school teaching cosmetology arts and sciences is $600.

5.5(10) Fee for renewal of a school license is $270 annually.

5.5(11) Salon license fee is $84.

5.5(12) Biennial license renewal fee for each salon license for each biennium is $84.

5.5(13) Demonstrator and not-for-profit temporary permit fee is $42 for the first day and $12 for each day thereafter that the permit is valid.

5.5(14) An initial fee or a reactivation fee for certification to administer microdermabrasion or utilize a certified laser product or an intense pulsed light (IPL) device is $25 for each type of procedure or certified laser product or IPL device.

5.5(15) An initial fee or a reactivation fee for certification of cosmetologists to administer chemical peels is $25.

This rule is intended to implement Iowa Code section 147.80 and chapter 157.

645—5.6(147,152A) Dietetics license fees. All fees are nonrefundable.

5.6(1) License fee for license to practice dietetics, license by endorsement, or license by reciprocity is $120.

5.6(2) Biennial license renewal fee for each biennium is $120.

5.6(3) Late fee for failure to renew before expiration is $60.

5.6(4) Reactivation fee is $180.

5.6(5) Duplicate or reissued license certificate fee is $20.

5.6(6) Verification of license fee is $20.

5.6(7) Returned check fee is $25.

5.6(8) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 152A and 272C.

645—5.7(147,154A) Hearing aid specialists license fees. All fees are nonrefundable.

5.7(1) Application fee for a license to practice by examination, endorsement, or reciprocity is $156.

5.7(2) Renewal of license fee is $60.

5.7(3) Temporary permit fee is $42.

5.7(4) Late fee is $60.

5.7(5) Reactivation fee is $120.

5.7(6) Duplicate or reissued license certificate fee is $20.

5.7(7) Verification of license fee is $20.

5.7(8) Returned check fee is $25.

5.7(9) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code chapter 154A.

645—5.8(147) Massage therapy license fees. All fees are nonrefundable.

5.8(1) License fee for license to practice massage therapy is $120.

5.8(2) Biennial license renewal fee for each biennium is $60.

5.8(3) Temporary license fee for up to one year is $120.

5.8(4) Late fee for failure to renew before expiration is $60.

5.8(5) Reactivation fee is $120.

5.8(6) Duplicate or reissued license certificate fee is $20.

5.8(7) Verification of license fee is $20.

5.8(8) Returned check fee is $25.

5.8(9) Disciplinary hearing fee is a maximum of $75.

5.8(10) Initial application fee for approval of massage therapy education curriculum is $120.

This rule is intended to implement Iowa Code chapters 17A, 147 and 272C.

645—5.9(147,156) Mortuary science license fees. All fees are nonrefundable.

5.9(1) License fee for license to practice funeral directing is $120.

5.9(2) Biennial funeral director's license renewal fee for each biennium is $120.

5.9(3) Late fee for failure to renew before expiration is $60.

5.9(4) Reactivation fee for a funeral director is $180 and for a funeral establishment or cremation establishment is $150.

5.9(5) Duplicate or reissued license certificate fee is $20.

5.9(6) Verification of license fee is $20.

5.9(7) Returned check fee is $25.

5.9(8) Disciplinary hearing fee is a maximum of $75.

5.9(9) Funeral establishment or cremation establishment fee is $90.

5.9(10) Three-year renewal fee of funeral establishment or cremation establishment is $90.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 156 and 272C.

645—5.10(147,155) Nursing home administrators license fees. All fees are nonrefundable.

5.10(1) License fee for license to practice nursing home administration is $120.

5.10(2) Biennial license renewal fee for each license for each biennium is $60.

5.10(3) Late fee for failure to renew before expiration is $60.

5.10(4) Reactivation fee is $120.

5.10(5) Duplicate or reissued license certificate fee is $20.

5.10(6) Verification of license fee is $20.

5.10(7) Returned check fee is $25.

5.10(8) Disciplinary hearing fee is a maximum of $75.

5.10(9) Provisional license fee is $120.

This rule is intended to implement Iowa Code section 147.80 and chapter 155.

645—5.11(147,148B) Occupational therapy license fees. All fees are nonrefundable.

5.11(1) License fee for an OT or OTA license to practice occupational therapy is $120.

5.11(2) Biennial license renewal fee to practice occupational therapy is $60.

5.11(3) Biennial license renewal fee for an occupational therapy assistant is $60.

5.11(4) Late fee for failure to renew before expiration is $60.

5.11(5) Reactivation fee is $120.

5.11(6) Duplicate or reissued license certificate fee is $20.

5.11(7) Verification of license fee is $20.

5.11(8) Returned check fee is $25.

5.11(9) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 148B and 272C.

645—5.12(147,154) Optometry license fees. All fees are nonrefundable.

5.12(1) License fee for license to practice optometry, license by endorsement, or license by reciprocity is $300.

5.12(2) Biennial license renewal fee for each biennium is $144.

5.12(3) Late fee for failure to renew before expiration date is $60.

5.12(4) Reactivation fee is $204.

5.12(5) Duplicate or reissued license certificate fee is $20.

5.12(6) Verification of license fee is $20.

5.12(7) Returned check fee is $25.

5.12(8) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code chapters 17A, 147, 154 and 272C.

645—5.13(147,148A) Physical therapy license fees. All fees are nonrefundable.

5.13(1) License fee for license to practice physical therapy or as a physical therapist assistant is $120.

5.13(2) Biennial license renewal fee for a physical therapist is $60.

5.13(3) Biennial license renewal fee for a physical therapist assistant is $60.

5.13(4) Late fee for failure to renew before expiration is $60.

5.13(5) Reactivation fee is $120.

5.13(6) Duplicate or reissued license certificate fee is $20.

5.13(7) Verification of license fee is $20.

5.13(8) Returned check fee is $25.

5.13(9) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 148A and 272C.

645—5.14(148C) Physician assistants license fees. All fees are nonrefundable.

5.14(1) Application fee for a license is $120.

5.14(2) Fee for a temporary license is $120.

5.14(3) Renewal of license fee is $120.

5.14(4) Late fee for failure to renew before expiration is $60.

5.14(5) Reactivation fee is $180.

5.14(6) Duplicate or reissued license certificate fee is $20.

5.14(7) Fee for verification of license is $20.

5.14(8) Returned check fee is $25.

5.14(9) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 148C and 272C.

645—5.15(147,148F,149) Podiatry license fees. All fees are nonrefundable.

5.15(1) License fee for license to practice podiatry, license by endorsement, or license by reciprocity is $400.

5.15(2) License fee for temporary license to practice podiatry is $200.

5.15(3) The fee for a license to practice orthotics, prosthetics, or pedorthics received on or before July 1, 2015, shall be $600. The fee for a license to practice orthotics, prosthetics, or pedorthics received after July 1, 2015, shall be $400.

5.15(4) Biennial license renewal fee is $400 for each biennium.

5.15(5) Reactivation fee is $460.

5.15(6) Temporary license renewal fee is $200.

5.15(7) Late fee for failure to renew before expiration is $60.

5.15(8) Duplicate or reissued license certificate fee is $20.

5.15(9) Verification of license fee is $20.

5.15(10) Returned check fee is $25.

5.15(11) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 148F, 149 and 272C.

645—5.16(147,154B) Psychology license fees. All fees are nonrefundable.

5.16(1) License fee for license to practice psychology is $120.

5.16(2) Biennial license renewal fee is $170.

5.16(3) Late fee for failure to renew before expiration is $60.

5.16(4) Reactivation fee is $230.

5.16(5) Duplicate or reissued license certificate fee is $20.

5.16(6) Verification of license fee is $20.

5.16(7) Returned check fee is $25.

5.16(8) Disciplinary hearing fee is a maximum of $75.

5.16(9) Processing fee for exemption to licensure is $60.

5.16(10) Certification fee for a health service provider is $60.

5.16(11) Biennial renewal fee for certification as a certified health service provider in psychology is $60.

5.16(12) Reactivation fee for certification as a certified health service provider in psychology is $60.

5.16(13) Provisional license fee is $120.

5.16(14) Provisional license renewal fee is $170.

This rule is intended to implement Iowa Code section 147.80 and chapters 17A, 154B and 272C and 2014 Iowa Acts, chapter 1043.

645—5.17(147,152B) Respiratory care license fees. All fees are nonrefundable.

5.17(1) Initial license fee.

a. The initial license fee for a respiratory care practitioner license is $75, plus the cost for evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI).

b. The initial license fee for a polysomnographic technologist license is $75, plus the cost for evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI).

c. The initial license fee for a respiratory care and polysomnography practitioner license is $90, plus the cost for evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI).

5.17(2) Biennial license renewal fee for each biennium.

a. The biennial license renewal fee for each biennium for a respiratory care practitioner license is $75.

b. The biennial license renewal fee for each biennium for a polysomnographic technologist license is $75.

c. The biennial license renewal fee for each biennium for a respiratory care and polysomnography practitioner license is $90.

5.17(3) Late fee for failure to renew before expiration is $60.

5.17(4) Reactivation fee.

a. The reactivation fee to practice respiratory care is $135, plus the cost for evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI) if the license has been on inactive status for two or more years.

b. The reactivation fee to practice as a polysomnographic technologist is $135, plus the cost for evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI) if the license has been on inactive status for two or more years.

c. The reactivation fee to practice respiratory care and polysomnography is $150, plus the cost for evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI) if the license has been on inactive status for two or more years.

5.17(5) Duplicate or reissued license certificate fee is $20.

5.17(6) Verification of license fee is $20.

5.17(7) Returned check fee is $25.

5.17(8) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 152B and 272C.

645—5.18(147,154E) Sign language interpreters and transliterators license fees. All fees are nonrefundable.

5.18(1) License fee for license to practice interpreting or transliterating is $120.

5.18(2) License fee for temporary license to practice interpreting or transliterating is $120.

5.18(3) Biennial license renewal fee for each biennium is $120.

5.18(4) Late fee for failure to renew before expiration is $60.

5.18(5) Duplicate or reissued license certificate fee is $20.

5.18(6) Verification of license fee is $20.

5.18(7) Returned check fee is $25.

5.18(8) Disciplinary hearing fee is a maximum of $75.

5.18(9) Reactivation fee is $180.

This rule is intended to implement Iowa Code chapters 17A, 147, 154E and 272C.

645—5.19(147,154C) Social work license fees. All fees are nonrefundable.

5.19(1) License fee for license to practice social work is $120.

5.19(2) Biennial license renewal fee for a license at the bachelor's level is $72; at the master's level, $120; and independent level, $144.

5.19(3) Late fee for failure to renew before expiration is $60.

5.19(4) Reactivation fee for the bachelor's level is $132; for the master's level, $180; and independent level, $204.

5.19(5) Duplicate or reissued license certificate fee is $20.

5.19(6) Verification of license fee is $20.

5.19(7) Returned check fee is $25.

5.19(8) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.80 and chapters 17A, 154C and 272C.

645—5.20(147) Speech pathology and audiology license fees. All fees are nonrefundable.

5.20(1) License fee for license to practice speech pathology or audiology, temporary clinical license, license by endorsement, or license by reciprocity is $120.

5.20(2) Biennial license renewal fee for each biennium is $96.

5.20(3) Late fee for failure to renew before expiration is $60.

5.20(4) Reactivation fee is $156.

5.20(5) Duplicate or reissued license certificate fee is $20.

5.20(6) Verification of license fee is $20.

5.20(7) Returned check fee is $25.

5.20(8) Disciplinary hearing fee is a maximum of $75.

5.20(9) Temporary clinical license renewal fee is $60.

5.20(10) Temporary permit fee is $30.

This rule is intended to implement Iowa Code chapters 17A, 147 and 272C.