Notice of Intended Action
Public records and fair information practices; waivers; nonpayment of state debt; Iowa physician health committee—Iowa physician health program; child support noncompliance; military service and veteran reciprocity; contested case proceedings, rescind chs 2, 3, 12, 14, 15, 18, 25
ARC 8706C
MEDICINE BOARD[653]
Notice of Intended Action
Proposing rulemaking related to rescission of chapters
and providing an opportunity for public comment
The Board of Medicine hereby proposes to rescind Chapter 2, “Public Records and Fair Information Practices,” Chapter 3, “Waivers,” Chapter 12, “Nonpayment of State Debt,” Chapter 14, “Iowa Physician Health Committee—Iowa Physician Health Program,” Chapter 15, “Child Support Noncompliance,” Chapter 18, “Military Service and Veteran Reciprocity,” and Chapter 25, “Contested Case Proceedings,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 22, 147, 148, 148E, 252J, 272C and 272D.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 22, 147, 148E, 252J and 272D and section 272C.3.
Purpose and Summary
This rulemaking proposes to rescind and reserve Chapters 2, 3, 12, 14, 15, 18 and 25. In light of the Board’s realignment with the Department of Inspections, Appeals, and Licensing resulting from 2023 Iowa Acts, Senate File 514, the Board finds it is unnecessary and unreasonably duplicative to repromulgate these chapters. It is the Board’s intent to rely on the model chapters of the Department (agency number [481]). The rescission of these chapters is in line with the stated goal of Iowa Code chapter 17A to “simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions.”
Chapter 2 provides guidance on public records and how individuals can receive public records from the Board. The chapter is substantially similar to 481—Chapter 5, which the Board will adopt by reference and utilize for the purposes of public records.
Chapter 3 provides guidance to the public and licensees on when and how to request a waiver of an administrative rule. The chapter is substantially similar to 481—Chapter 6, which will be utilized by the Board for waivers.
Chapter 12 implements Iowa Code chapter 272D, which provides for procedures when a license may be denied, suspended, or revoked for nonpayment of a state debt and child support obligations. This chapter is substantially similar to 481—Chapter 8, which will be utilized by the Board for these procedures.
Chapter 14 creates the Iowa Physician Health Program and Committee. This is a confidential program to ensure that licensees are safe to practice their profession. The program provides ongoing monitoring for eligible participants. This chapter is substantially similar to 481—Chapter 505, which will be utilized by the Board for its impaired practitioner program for physicians.
Chapter 15 implements Iowa Code chapter 252J and provides the process for taking action against a licensee if the licensee is not compliant with child support orders. This chapter is substantially similar to 481—Chapter 8, which will be utilized by the Board to carry out these statutory requirements.
Chapter 18 provides a mechanism for United States veterans and spouses of veterans to apply for and be granted reciprocity for licensing requirements in the state of Iowa. This chapter is substantially similar to 481—Chapter 7, which the Board will adopt by reference in place of this chapter.
Chapter 25 provides the licensee an outline of how a contested case proceeding is initiated and the rights and responsibilities of the licensee during that process. The Board intends to rescind this chapter and adopt by reference 481—Chapter 506, which is a model rules chapter and substantially similar to this chapter.
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 5, 2024
The Department received no public comments.
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 comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 14, 2025. Comments should be directed to:
|
Emily DeRonde |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
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January 14, 2025 |
6200 Park Avenue |
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January 15, 2025 |
6200 Park Avenue |
Information on virtual participation will be available on the Department’s website prior to the hearing.
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 and reserve 653—Chapter 2.
ITEM 2.Rescind and reserve 653—Chapter 3.
ITEM 3.Rescind and reserve 653—Chapter 12.
ITEM 4.Rescind and reserve 653—Chapter 14.
ITEM 5.Rescind and reserve 653—Chapter 15.
ITEM 6.Rescind and reserve 653—Chapter 18.
ITEM 7.Rescind and reserve 653—Chapter 25.
Medicine Board
- 400 SW 8th St
- Ste C
- Des Moines, IA 50309
- (515) 281-7088
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Closed For Comments
This notice is now closed for comments. Collection of comments closed on 1/14/2025.
Official Document
- Public records and fair information practices; waivers; nonpayment of state debt; Iowa physician health committee—Iowa physician health program; child support noncompliance; military service and veteran reciprocity; contested case proceedings, rescind chs 2, 3, 12, 14, 15, 18, 25
- Published on 12/25/2024
- 47 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 12/25/2024.
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