ARC 8863C

INSPECTIONS AND APPEALS DEPARTMENT[481]

Notice of Intended Action

The Department of Inspections, Appeals, and Licensing hereby proposes to amend Chapter 805, “Continuing Education for Occupational Therapists and Occupational Therapy Assistants,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code chapters 148B and 272C and 2024 Iowa Acts, House File 2682.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapters 148B and 272C and 2024 Iowa Acts, House File 2686.

Purpose and Summary

This proposed rulemaking implements 2024 Iowa Acts, House File 2686. Chapter 805 sets forth continuing education and training requirements for occupational therapists and occupational therapy assistants. The intended benefit of this chapter is to ensure that licensees maintain up-to-date practice standards and, as a result, provide high-quality services to Iowans. The Board of Physical and Occupational Therapy reviewed the continuing education requirements in the fall of 2023 pursuant to Executive Order 10. Subrule 805.2(3) is proposed to be amended to comply with the statutory changes from 2024 Iowa Acts, House File 2686, allowing a licensee to carry over up to 50 percent of excess completed continuing education hours from the previous renewal cycle. This rulemaking would grant occupational therapists the ability to carry over up to 15 hours of continuing education earned in excess of the 30 hours required by Iowa law every two years. This rulemaking would grant occupational therapy assistants the ability to carry over up to 7.5 hours of continuing education earned in excess of the 15 hours required by Iowa law every two years.

Regulatory Analysis

Fiscal Impact

This rulemaking has no fiscal impact to 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, 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 481—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 March 11, 2025. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

Information on virtual participation will also be available on the Department’s website prior to the hearing.

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: