ARC 8659C

ARC 8659C

Proposing rulemaking related to administrative and regulatory authority
and providing an opportunity for public comment

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 5, 2024

The Department of Inspections, Appeals, and Licensing received no public comments.

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.

ITEM 1.Rescind 653—Chapter 1 and adopt the following new chapter in lieu thereof:

CHAPTER 1

ADMINISTRATIVE AND REGULATORY AUTHORITY

653—1.1(17A,147) Definitions. The following definitions are applicable to the rules of the board of medicine:

“Acupuncture” means a form of health care developed from traditional and modern oriental medical concepts that employs oriental medical diagnosis and treatment, and adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease.

“Acupuncturist” means a person licensed to practice acupuncture in this state.

“Alternate member” means a person who is qualified under Iowa Code section 148.2A to substitute for a board member who is disqualified or becomes unavailable for a contested case hearing. An alternate board member is deemed a member of the board only for the hearing panel(s) for which the alternate board member serves.

“Board” means the board of medicine of the state of Iowa.

“Department” means the Iowa department of inspections, appeals, and licensing.

“Director” means the director of the department.

“Disciplinary proceeding” means any proceeding under the authority of the board pursuant to which licensee discipline may be imposed.

“License” means a certificate issued to a person licensed to practice medicine and surgery, osteopathic medicine and surgery, or acupuncture under the laws of the state of Iowa.

“Licensee” means a person licensed to practice medicine and surgery, osteopathic medicine and surgery, or acupuncture under the laws of the state of Iowa.

“Licensee discipline” or “discipline” means any sanction the board may impose upon its licensees for conduct that threatens or denies citizens of this state a high standard of professional care.

“Malpractice” means any error or omission, unreasonable lack of skill, or failure to maintain a reasonable standard of care by a physician in the practice of the physician’s profession.

“Medical practice Acts” refers to Iowa Code chapters 147 and 148.

“Order” means a requirement, procedure or standard of specific or limited application adopted by the board relating to any matter the board is authorized to act upon, including the professional conduct of licensees and the examination for licensure and licensure of any person under the laws of this state.

“Peer review” means evaluation of professional services rendered by a professional practitioner.

“Peer reviewer(s)” means one or more persons acting in a peer review capacity who have been appointed by the board for such purpose.

“Physician” means a person licensed to practice medicine and surgery or osteopathic medicine and surgery under the laws of this state.

“Practice of acupuncture” means the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based upon oriental medical diagnosis as a primary mode of therapy. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, thermal, electrical, and electromagnetic treatment, and the recommendation of dietary guidelines and therapeutic exercise based on traditional oriental medical concepts.

“The practice of medicine and surgery” means holding one’s self out as being able to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical or mental condition and who shall either offer or undertake, by any means or methods, to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical or mental condition. This rule shall not apply to licensed podiatrists, chiropractors, physical therapists, nurses, dentists, optometrists, acupuncturists, pharmacists, and other licensed health professionals who are exclusively engaged in the practice of their respective professions.

“Prescription drugs” means drugs, medicine and controlled substances that by law can only be prescribed for human use by persons authorized by law.

“Profession” means medicine and surgery, osteopathic medicine and surgery, or acupuncture.

“Respondent” means a licensee charged by the board in a complaint and statement of charges with violations of statutes or rules relating to the practice of medicine and surgery, osteopathic medicine and surgery, or acupuncture.

“Rule” means a regulation, requirement, procedure, or standard of general application prescribed by the board relating to either the administration or enforcement of Iowa Code chapters 147, 148, and 148E.

653—1.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 147, 148, 148E, and 272C with regard to the practice of medicine and surgery, osteopathic medicine and surgery, and acupuncture.

653—1.3(17A) Organization of board.

1.3(1) The board:

a.Makes policy relative to matters involving medical and acupuncture education, licensure, practice, and discipline.

b.Conducts business according to board-approved policy.

c.Elects a chairperson, vice chairperson and a secretary from its membership at the last regular board meeting prior to May 1 or at another date in April scheduled by the board.

d.Has the authority and powers conferred in Iowa Code chapters 17A, 147, 148 and 272C and may establish committees of the board, the members of which, except for the executive committee, shall be appointed by the board chairperson and shall not constitute a quorum of the board. The board chairperson shall appoint committee chairpersons. Committees of the board may include:

(1)Executive committee. The membership is composed of the elected officers of the board and two at-large members appointed by the chairperson. At least one public member is appointed to the executive committee. The executive committee duties may include but are not limited to:

1.Guidance and supervision of the executive director.

2.Budgetary review and recommendations to the board.

3.Review and recommendations to the board on rules and legislative proposals.

4.Study and recommendations to the board on practice issues and policy.

(2)Screening committee. The committee reviews complaints and makes recommendations to the board on appropriate action including further investigation or referral to the board for closure.

(3)Licensure committee. Its duties may include:

1.Recommending appropriate action on completed applications for licensure.

2.Conducting interviews with applicants when appropriate.

3.Reviewing licensure examination matters.

4.Reviewing and recommending to the board appropriate changes in licensure application forms.

5.Reviewing and making recommendations to the board regarding volunteer physician applicants who wish to participate in the state-indemnified volunteer physician program and who are under investigation or who have or have had disciplinary action against a license in the present or in the past.

6.Making recommendations on licensure policy issues.

(4)Monitoring committee. The committee oversees the monitoring of licensees under board orders and makes recommendations to the board on these matters.

e.Establishes, in accordance with Iowa Code section 148.2A, a pool of alternate board members.

1.3(2) A majority of the members of the board shall constitute a quorum. Official action, including filing of formal charges or imposition of discipline, requires a majority vote of members present.

653—1.4(17A) Official communications. All official communications, including submissions and requests, should be addressed to the Executive Director, Iowa Board of Medicine, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321.

653—1.5(17A) Office hours. The office of the board is open for public business from 8 a.m. to 4:30 p.m., Monday through Friday of each week, except holidays.

653—1.6(17A) Meetings. The board shall meet at least six times per year. Dates and location of board meetings may be obtained from the board’s office or on the board’s website at dial.iowa.gov. Except as otherwise provided by statute, all board meetings are open, and the public is permitted to attend the meetings.

653—1.7(17A,272C) Adoption of uniform and model rules. The board hereby adopts by reference the following:

1.Uniform Rules on Agency Procedure, 481—Chapter 2, 481—Chapter 3, 481—Chapter 4, 481—Chapter 5, and 481—Chapter 6.

2.Military Service, Veteran Reciprocity, and Spouses of Active-Duty Service Members, 481—Chapter 7.

3.Licensing and Child Support Noncompliance, Student Loan Repayment Noncompliance, and Nonpayment of State Debt, 481—Chapter 8.

4.Model Rules for Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions, 481—Chapter 502.

5.Model Rules for Licensee Review Committee, 481—Chapter 505.

6.Model Rules for Contested Cases Before Licensing Boards, 481—Chapter 506.

These rules are intended to implement Iowa Code chapters 17A and 272C.