Adopted and Filed

Impaired practitioner review committee; adoption of uniform and model rules, rescind ch 16; adopt chs 34, 46, 66, 84, 106, 125, 135, 145, 184, 210, 226, 245, 266, 284, 305, 330, 354, 364

Untitled document

ARC 8148C

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Rulemaking related to adoption of uniform and model rules

The Professional Licensure Division hereby rescinds Chapter 16, “Impaired Practitioner Review Committee,” and adopts Chapter 34, “Adoption of Uniform and Model Rules,” Chapter 46, “Adoption of Uniform and Model Rules,” Chapter 66, “Adoption of Uniform and Model Rules,” Chapter 84, “Adoption of Uniform and Model Rules,” Chapter 106, “Adoption of Uniform and Model Rules,” Chapter 125, “Adoption of Uniform and Model Rules,” Chapter 135, “Adoption of Uniform and Model Rules,” Chapter 145, “Adoption of Uniform and Model Rules,” Chapter 184, “Adoption of Uniform and Model Rules,” Chapter 210, “Adoption of Uniform and Model Rules,” Chapter 226, “Adoption of Uniform and Model Rules,” Chapter 245, “Adoption of Uniform and Model Rules,” Chapter 266, “Adoption of Uniform and Model Rules,” Chapter 284, “Adoption of Uniform and Model Rules,” Chapter 305, “Adoption of Uniform and Model Rules,” Chapter 330, “Adoption of Uniform and Model Rules,” Chapter 354, “Adoption of Uniform and Model Rules,” and Chapter 364, “Adoption of Uniform and Model Rules,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 272C.3 and Executive Order 10.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 272C.

Purpose and Summary

The purpose of this rulemaking is to adopt by reference uniform and model rules. By adopting by reference, the boards are utilizing existing chapters instead of creating multiple duplicative chapters within the Department of Inspections, Appeals, and Licensing. This helps streamline processes and build uniformity across the division.

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 7296C. A public hearing was held on the following date(s):

●February 13, 2024

●February 14, 2024

No one attended the public hearings. No public comments were received.

Changes have been made from the Notice. The Department rescinded 641—Chapter 193, “Impaired Practitioner Review Committee,” and promulgated 641—Chapter 193, “Model Rules for Licensee Review Committee,” effective May 8, 2024 (ARC 7753C). The promulgation of 641—Chapter 193 took a licensee review committee chapter applicable to a single board and promulgated it as a model chapter that can be adopted by any board under the administrative authority of the Department. The Department then editorially renumbered 641—Chapter 193 by transferring the model chapter to 481—Chapter 505.

645—Chapter 16 is substantively akin to 641—Chapter 193 prior to its rescission and readoption and renumbering as a model chapter at 481—Chapter 505.

In accordance with the goals of Executive Order 10, including reduction of unnecessary duplication in the Iowa Administrative Code, the boards set forth below adopted the model chapter by reference in place of 645—Chapter 16.

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 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.

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 August 28, 2024.

The following rulemaking action is adopted:

ITEM 1.Rescind and reserve 645—Chapter 16.

ITEM 2.Adopt the following new645—Chapter 34:

CHAPTER 34

ADOPTION OF UNIFORM AND MODEL RULES

645—34.1(17A,272C) Board of behavioral science adoption of uniform and model rules. The board hereby adopts by reference the following:

34.1(1) to 34.1(9) Reserved.

34.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 3.Adopt the following new645—Chapter 46:

CHAPTER 46

ADOPTION OF UNIFORM AND MODEL RULES

645—46.1(17A,272C) Board of chiropractic adoption of uniform and model rules. The board hereby adopts by reference the following:

46.1(1) to 46.1(9) Reserved.

46.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 4.Adopt the following new645—Chapter 66:

CHAPTER 66

ADOPTION OF UNIFORM AND MODEL RULES

645—66.1(17A,272C) Board of barbering and cosmetology arts and sciences adoption of uniform and model rules. The board hereby adopts by reference the following:

66.1(1) to 66.1(9) Reserved.

66.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 5.Adopt the following new645—Chapter 84:

CHAPTER 84

ADOPTION OF UNIFORM AND MODEL RULES

645—84.1(17A,272C) Board of dietetics adoption of uniform and model rules. The board hereby adopts by reference the following:

84.1(1) to 84.1(9) Reserved.

84.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 6.Adopt the following new645—Chapter 106:

CHAPTER 106

ADOPTION OF UNIFORM AND MODEL RULES

645—106.1(17A,272C) Board of mortuary science adoption of uniform and model rules. The board hereby adopts by reference the following:

106.1(1) to 106.1(9) Reserved.

106.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 7.Adopt the following new645—Chapter 125:

CHAPTER 125

ADOPTION OF UNIFORM AND MODEL RULES

645—125.1(17A,272C) Board of hearing aid specialists adoption of uniform and model rules. The board hereby adopts by reference the following:

125.1(1) to 125.1(9) Reserved.

125.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 8.Adopt the following new645—Chapter 135:

CHAPTER 135

ADOPTION OF UNIFORM AND MODEL RULES

645—135.1(17A,272C) Board of massage therapy adoption of uniform and model rules. The board hereby adopts by reference the following:

135.1(1) to 135.1(9) Reserved.

135.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 9.Adopt the following new645—Chapter 145:

CHAPTER 145

ADOPTION OF UNIFORM AND MODEL RULES

645—145.1(17A,272C) Board of nursing home administrators adoption of uniform and model rules. The board hereby adopts by reference the following:

145.1(1) to 145.1(9) Reserved.

145.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 10.Adopt the following new645—Chapter 184:

CHAPTER 184

ADOPTION OF UNIFORM AND MODEL RULES

645—184.1(17A,272C) Board of optometry adoption of uniform and model rules. The board hereby adopts by reference the following:

184.1(1) to 184.1(9) Reserved.

184.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 11.Adopt the following new645—Chapter 210:

CHAPTER 210

ADOPTION OF UNIFORM AND MODEL RULES

645—210.1(17A,272C) Board of physical and occupational therapy adoption of uniform and model rules. The board hereby adopts by reference the following:

210.1(1) to 210.1(9) Reserved.

210.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 12.Adopt the following new645—Chapter 226:

CHAPTER 226

ADOPTION OF UNIFORM AND MODEL RULES

645—226.1(17A,272C) Board of podiatry adoption of uniform and model rules. The board hereby adopts by reference the following:

226.1(1) to 226.1(9) Reserved.

226.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 13.Adopt the following new645—Chapter 245:

CHAPTER 245

ADOPTION OF UNIFORM AND MODEL RULES

645—245.1(17A,272C) Board of psychology adoption of uniform and model rules. The board hereby adopts by reference the following:

245.1(1) to 245.1(9) Reserved.

245.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 14.Adopt the following new645—Chapter 266:

CHAPTER 266

ADOPTION OF UNIFORM AND MODEL RULES

645—266.1(17A,272C) Board of respiratory care and polysomnography adoption of uniform and model rules. The board hereby adopts by reference the following:

266.1(1) to 266.1(9) Reserved.

266.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 15.Adopt the following new645—Chapter 284:

CHAPTER 284

ADOPTION OF UNIFORM AND MODEL RULES

645—284.1(17A,272C) Board of social work adoption of uniform and model rules. The board hereby adopts by reference the following:

284.1(1) to 284.1(9) Reserved.

284.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 16.Adopt the following new645—Chapter 305:

CHAPTER 305

ADOPTION OF UNIFORM AND MODEL RULES

645—305.1(17A,272C) Board of speech pathology and audiology adoption of uniform and model rules. The board hereby adopts by reference the following:

305.1(1) to 305.1(9) Reserved.

305.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 17.Adopt the following new645—Chapter 330:

CHAPTER 330

ADOPTION OF UNIFORM AND MODEL RULES

645—330.1(17A,272C) Board of physician assistants adoption of uniform and model rules. The board hereby adopts by reference the following:

330.1(1) to 330.1(9) Reserved.

330.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 18.Adopt the following new645—Chapter 354:

CHAPTER 354

ADOPTION OF UNIFORM AND MODEL RULES

645—354.1(17A,272C) Board of athletic training adoption of uniform and model rules. The board hereby adopts by reference the following:

354.1(1) to 354.1(9) Reserved.

354.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

ITEM 19.Adopt the following new645—Chapter 364:

CHAPTER 364

ADOPTION OF UNIFORM AND MODEL RULES

645—364.1(17A,272C) Board of sign language interpreters and transliterators adoption of uniform and model rules. The board hereby adopts by reference the following:

364.1(1) to 364.1(9) Reserved.

364.1(10) Model rules for licensee review committee, 481—Chapter 505.

This rule is intended to implement Iowa Code chapter 272C.

[Filed 7/3/24, effective 8/28/24]

[Published 7/24/24]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 7/24/24.

Professional Licensure Division


This Organization is a part of the Public Health Department

Official Document

  • Impaired practitioner review committee; adoption of uniform and model rules, rescind ch 16; adopt chs 34, 46, 66, 84, 106, 125, 135, 145, 184, 210, 226, 245, 266, 284, 305, 330, 354, 364
  • Published on 7/24/2024
  • 23 Views
  • Adopted and Filed

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Iowa Code References

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Iowa Code 272C
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