Notice of Intended Action
Practice of speech pathologists and audiologists—hearing aid dispensing, 741.2
ARC 8950C
INSPECTIONS AND APPEALS DEPARTMENT[481]
Notice of Intended Action
Proposing rulemaking related to practice of speech pathologists
andaudiologists and providing an opportunity for public comment
The Department of Inspections, Appeals, and Licensing hereby proposes to amend Chapter 741, “Practice of Speech Pathologists and Audiologists,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 147, 154F and 272C.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 154F and 272C.
Purpose and Summary
This proposed rulemaking implements Iowa Code chapter 154A as amended by 2024 Iowa Acts, Senate File 2385. The proposed rule states that audiologists are not required to hold a hearing aid specialist license in order to dispense hearing aids. The intended benefit of this rule is to allow audiologists to hold one license to practice audiology and hearing aid dispensing. The rule is proposed to be adopted to comply with the statutory changes from 2024 Iowa Acts, Senate File 2385, allowing an audiologist to dispense hearing aids without a hearing aid license.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. A public hearing was held on the following date(s):
●November 20, 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 Board of Speech Pathology and Audiology 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:
|
Jessica O’Brien |
Public Hearing
A public hearing at which persons may present their views orally or in writing will be held as follows:
|
March 11, 2025 |
6200 Park Avenue, Suite 100 |
Information on virtual participation will be available on the Department’s website prior to the hearing.
Persons who wish to make oral comments at the 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 the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board 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.Adopt the following new rule 481—741.2(147):
481—741.2(147) Hearing aid dispensing. A licensed audiologist may dispense hearing aids without a separate hearing aid specialist license if the services are provided in accordance with the following:
741.2(1) Definitions.
“Dispense” or “sell” means a transfer of title or of the right to use by lease, bailment, or any other means but excludes a wholesale transaction with a distributor or hearing aid specialist and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration.
“Hearing aid specialist” means any person engaged in the fitting, dispensing and sale of hearing aids and providing hearing aid services or maintenance by means of procedures stipulated by Iowa Code chapter 154A or the board. These rules are not intended to regulate unlicensed persons who sell, dispense, market, use, distribute, or provide customer support to over-the-counter hearing aids as regulated by the U.S. Food and Drug Administration.
741.2(2) An audiologist dispensing hearing aids will be held to the same standard of care as a licensed hearing aid specialist and will follow the rules in 481—Chapter 2062.
This rule is intended to implement Iowa Code chapters 147 and 154F.
Inspections and Appeals Department
- 321 E 12th St
- Des Moines, IA 50319
- (515) 281-7376
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Open For Comments
This notice is open for comments for 17 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 3/11/2025
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Public Hearing
Official Document
- Practice of speech pathologists and audiologists—hearing aid dispensing, 741.2
- Published on 2/19/2025
- 5 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 2/19/2025.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 481-741.2Iowa Code References
The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 147 Iowa Code 154A Iowa Code 154FKeywords
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