ARC 8083C

ARC 8083C

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Rulemaking related to licensure by verification and

of applicants with work experience

The Department of Inspections, Appeals, and Licensing hereby rescinds Chapter 19, "Licensure by Verification and of Applicants with Work Experience," Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code chapter 272C.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 272C; 2020 Iowa Acts, House File 2627; and Executive Order 10.

Purpose and Summary

This chapter provides an alternative pathway to licensure. This alternative option streamlines the process for individuals who are licensed in another state to be licensed in Iowa. The requirements set out in this chapter ensure licensees have proper skills to practice. The chapter provides for certain criteria to be assessed, including prior discipline, proof of residency and work experience, in order to protect the public.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 24, 2024, as ARC 7310C. Public hearings were held on February 13 and 14, 2024, at 9 a.m.at 6200 Park Avenue, Des Moines, Iowa, and virtually. No one attended the public hearings. No public comments were received.

Nonsubstantive changes from the Notice have been made, and the chapter implementation sentence has been updated to reference the Iowa Code chapter instead of the House File since the legislation has been codified.

Adoption of Rulemaking

This rulemaking was adopted by the following boards on the dates stated:

●Board of Hearing Aid Specialists: February 28, 2024.

●Board of Sign Language Interpreters and Transliterators: February 29, 2024.

●Board of Psychology: March 4, 2024.

●Board of Massage Therapy: March 5, 2024.

●Board of Mortuary Science: March 7, 2024.

●Board of Athletic Training: March 12, 2024.

●Board of Behavioral Science: March 14, 2024.

●Board of Dietetics: March 22, 2024.

●Board of Nursing Home Administrators: April 3, 2024.

●Board of Optometry: April 4, 2024.

●Board of Chiropractic: April 10, 2024.

●Board of Physical and Occupational Therapy: April 11, 2024.

●Board of Podiatry: April 12, 2024.

●Board of Physician Assistants: April 24, 2024.

●Board of Speech Pathology and Audiology: May 3, 2024.

●Board of Social Work: May 13, 2024.

●Board of Respiratory Care and Polysomnography: May 16, 2024.

●Board of Barbering and Cosmetology Arts and Sciences: May 20, 2024.

Fiscal Impact

This rulemaking will have no fiscal impact to 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.

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).

Effective Date

This rulemaking will become effective on July 31, 2024.

The following rulemaking action is adopted:

Item 1. Rescind 645—Chapter 19 and adopt the following new chapter in lieu thereof:

CHAPTER 19

LICENSURE BY VERIFICATION AND OF APPLICANTS WITH WORK EXPERIENCE

645—19.1(272C) Licensure by verification. Licensure by verification is available in accordance with the following:

19.1(1) Eligibility. A person may seek licensure by verification if the person is licensed in at least one other jurisdiction that has a scope of practice substantially similar to that of Iowa.

19.1(2) Board application. The applicant must submit the following:

a. A completed application.

b. Payment of the application fee.

c. Completed fingerprint cards and a signed waiver form to facilitate a national criminal history background check, if required for initial licensure by the board.

d. An attestation that the applicant's license in that jurisdiction complies with the requirements of Iowa Code section 272C.12.

e. A copy of the complete criminal record if the applicant has a criminal history.

f. A copy of the relevant disciplinary documents if another jurisdiction has taken disciplinary action against the applicant.

g. A written statement from the applicant detailing the scope of practice in the other state.

h. Copies of relevant laws setting forth the scope of practice in the other state.

19.1(3) Applicants with prior discipline. If another jurisdiction has taken disciplinary action against an applicant, the board will determine whether the cause for the disciplinary action has been corrected and the matter has been resolved. If the board determines the disciplinary matter has not been resolved, the board will neither issue a license nor deny the application for licensure until the matter is resolved. A person who has had a license revoked, or who has voluntarily surrendered a license, in another jurisdiction is ineligible for licensure by verification.

19.1(4) Applicants with pending licensing complaints or investigations. If an applicant is currently the subject of a complaint, allegation, or investigation relating to unprofessional conduct pending before any regulating entity in another jurisdiction, the board will neither issue a license nor deny the application for licensure until the complaint, allegation, or investigation is resolved.

19.1(5) Compact privileges. A person who has a privilege to practice in Iowa by virtue of an interstate licensure compact is ineligible for licensure by verification. Licenses issued pursuant to this rule do not grant privileges to practice in any other jurisdiction pursuant to any interstate licensure compact.

645—19.2(272C) Applicants with work experience in jurisdictions without licensure requirements.

19.2(1) Work experience. An applicant for initial licensure who has relocated to Iowa from another jurisdiction that did not require a professional license to practice in the profession may be considered to have met any educational and training requirements if the person has at least three years of work experience with a scope of practice substantially similar to that of the profession for which a license in Iowa is sought. The three years of work experience must be within the four years preceding the date of application for initial licensure. The applicant must satisfy all other requirements, including passing any required examinations, to receive a license.

19.2(2) Required documentation. An applicant who wishes to substitute work experience in lieu of satisfying applicable education or training requirements shall carry the burden of proving all of the following by submitting relevant documents as part of a completed license application:

a. Proof of Iowa residency.

b. Proof of three or more years of work experience within the four years preceding the application for licensure.

c. Proof that the work experience was in a practice with a scope of practice substantially similar to that for which the license is sought in Iowa.

These rules are intended to implement Iowa Code chapter 272C.

[Filed 6/6/24, effective 7/31/24]

[Published 6/26/24]

Editor's Note: For replacement pages for IAC, see IAC Supplement 6/26/24.