ARC 8462C - Iowa Administrative Rules

Notice of Intended Action

White flashing light authorization, ch 133

Untitled document

ARC 8462C

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Proposing rulemaking related to white flashing light authorization
and providing an opportunity for public comment

The Department of Health and Human Services hereby proposes to rescind Chapter 133, “White Flashing Light Authorization,” 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 section 321.423.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 321.423.

Purpose and Summary

This proposed rulemaking is a result of Executive Order 10. This proposed chapter establishes issuance standards for white flashing light use, including allowing local emergency medical service providers to issue certificates of authorization and to establish certificate of authorization revocation procedures.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. A public hearing was held on the following date(s):

●November 6, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

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 441—Chapter 6.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 21, 2025. Comments should be directed to:

Victoria L. Daniels
Department of Health and Human Services
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
Phone: 515.829.6021
Email: compliancerules@hhs.iowa.gov

Public Hearing

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

January 15, 2025 1 to 2 p.m.	Microsoft Teams Meeting ID: 264 876 129 663 Passcode: PMYX8N
January 21, 2025 9 to 10 a.m.	Microsoft Teams Meeting ID: 287 123 907 580 Passcode: hbQXQA

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 641—Chapter 133 and adopt the following new chapter in lieu thereof:

CHAPTER 133

WHITE FLASHING LIGHT AUTHORIZATION

641—133.1(321) Definitions. For the purpose of these rules, the following definitions shall apply:

“Ambulance” means the same as defined in rule 641—132.1(147A).

“Authorization certificate” means a permit issued to an emergency medical care provider that authorizes the use of a white flashing light.

“Authorized vehicles” means any vehicles owned by members of the service program that are authorized by the department to use flashing white lights.

“Emergency medical care provider” means the same as defined in Iowa Code section 147A.1.

“First response vehicle” means the same as defined in rule 641—132.1(147A).

“Medical director” means the same as defined in rule 641—132.1(147A).

“Member” means any individual utilized by an ambulance or nontransport service to provide emergency medical care.

“Nontransport service” means the same as defined in rule 641—132.1(147A).

“Rescue vehicle” means the same as defined in Iowa Code section 321.1.

“Service director” means the same as defined in rule 641—132.1(147A).

“Service program” or “service” means the same as defined in Iowa Code section 147A.1.

“White light” means a white or clear rotating, flashing, or strobe lighting device utilized for identification purposes only. Any such lighting device shall not display a constant white or clear light to the rear of the vehicle.

641—133.2(321) Purpose.

133.2(1) Flashing white lights may be used on emergency vehicles or other authorized vehicles utilized by emergency medical care providers and service programs for identification purposes only.

133.2(2) Flashing white lights shall be used only on an authorized vehicle and shall not be used except in any of the following circumstances:

a.When responding to an emergency in the line of duty requiring the services of the member.

b.When at the scene of an emergency.

c.When transporting a patient during a disaster situation.

133.2(3) Owners and operators of authorized vehicles are responsible for ensuring that the lighting devices are utilized in a safe manner. This includes but is not limited to ensuring that lighting devices do not:

a.Obstruct the view of the vehicle operator.

b.Overburden the electrical system of the vehicle.

c.Interfere with the vision of the vehicle operator, passengers, or drivers of other vehicles.

133.2(4) Operators of authorized vehicles shall ensure that the authorization certificate is carried in the vehicle.

641—133.3(321) Application.

133.3(1) Authorization certificates will be issued by the service director for service vehicles and vehicles owned by emergency medical care providers who are members in good standing with the service. Authorization certificates are available from the department upon request. Vehicle authorization is limited to:

a.Vehicles owned or exclusively operated by the ambulance or nontransport service.

b.Vehicles owned or operated by emergency medical care provider members of the ambulance or nontransport service.

c.Vehicles owned or operated by the service program’s medical director.

d.One authorization certificate per vehicle.

133.3(2) Nothing in these rules prevents the use of white flashing lights on vehicles that are authorized to use red or blue flashing lights.

133.3(3) The service director shall provide, upon request of the department or its agents, issued authorization certificates.

133.3(4) The authorization expires five years from the date issued unless sooner suspended or revoked.

133.3(5) The department may issue authorization certificates for vehicles used by employees of the department when responding to emergencies or disasters.

641—133.4(321) Approval, denial, probation, suspension and revocation of authorization.

133.4(1) The service director or the department may approve or deny an application and the department may place on probation, suspend or revoke an authorization certificate if the service director or the department finds reason to believe that the applicant or certificate holder:

a.Has failed to meet all applicable requirements of these rules.

b.Has been convicted of a moving violation while using flashing white lights.

c.Has utilized a white flashing light without obtaining an authorization certificate.

d.Does not have a valid driver’s license.

e.Does not have a current vehicle registration.

133.4(2) The authorization certificate shall be surrendered upon the request of the department or its agents.

133.4(3) An emergency medical care provider or service director who has knowledge of any emergency medical care provider or service program that has violated Iowa Code chapter 147A, 641—Chapter 132 or these rules shall, within 30 days, report that information to the department.

133.4(4) A denial, probation, suspension or revocation ordered by the department shall be effected and may be appealed according to the provisions set forth in 441—Chapter 7.

These rules are intended to implement Iowa Code section 321.423.