ARC 8493C

DENTAL BOARD[650]

Notice of Intended Action

The Dental Board hereby proposes to rescind Chapter 1, “Administration,” Chapter 6, “Public Records and Fair Information Practices,” Chapter 7, “Rules,” Chapter 8, “Sale of Goods and Services,” Chapter 9, “Declaratory Orders,” Chapter 10, “General Requirements,” Chapter 11, “Licensure and Registration,” Chapter 12, “Dental and Dental Hygiene Examinations,” Chapter 13, “Special Licenses,” Chapter 14, “Renewal and Reinstatement,” Chapter 15, “Fees,” Chapter 16, “Prescribing, Administering, and Dispensing Drugs,” Chapter 20, “Dental Assistants,” Chapter 21, “Dental Laboratory Technician,” Chapter 22, “Dental Assistant Radiography Qualification,” Chapter 23, “Expanded Functions,” Chapter 25, “Continuing Education,” Chapter 26, “Advertising,” Chapter 27, “Standards of Practice and Principles of Professional Ethics,” Chapter 29, “Sedation and Nitrous Oxide,” Chapter 30, “Discipline,” Chapter 31, “Complaints and Investigations,” Chapter 32, “Mediation of Disputes,” Chapter 33, “Child Support Noncompliance,” Chapter 35, “Iowa Practitioner Review Committee,” Chapter 36, “Nonpayment of State Debt,” Chapter 50, “Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions,” Chapter 51, “Contested Cases,” and Chapter 52, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 17A.3, 17A.7, 17A.9, 17A.22, 22.11(1), 68B.4, 147.76, 153.33(1), 153.33, 272C.3, 272C.4, and 272C.12A.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapters 10A, 17A, 68B, 147, 153, 252J, 272C, and 272D, and Executive Order 10.

Purpose and Summary

This proposed rulemaking eliminates all chapters of the agency [650] in response to action taken by the Dental Board to repromulgate all administrative rules as required by Executive Order 10 and in accordance with the state government realignment. This rulemaking proposes to substantively rescind 650—Chapter 32, “Mediation of Disputes,” because it is outdated in light of the repeal of Iowa Code chapter 679 and is not necessary to the effective implementation of the Board’s duties pursuant to Iowa Code chapter 153.

Finally, the Dental Board also maintained its own set of Uniform Rules on Agency Procedure, as well as other chapters that are duplicative of chapters maintained by DIAL and other licensing boards that also realigned under the administrative authority of DIAL. Accordingly, the Dental Board proposes to rescind all such chapters and will promulgate a single rule under agency number 481 in another rulemaking to adopt pertinent uniform and model chapters by reference. All substantive analysis related to the adoption of pertinent uniform and model chapters by reference is contained within the Regulatory Analysis for proposed 481—Chapter 570.

Regulatory Analysis

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 Board 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, which must be received by the Board no later than 4:30 p.m. on January 3, 2025. 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.

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: