ARC 9074C - Iowa Administrative Rules

Adopted and Filed

Childhood lead poisoning prevention program, ch 72

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ARC 9074C

PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Rulemaking related to the childhood lead poisoning prevention program

The Department of Health and Human Services hereby rescinds Chapter 72, “Childhood Lead Poisoning Prevention Program,” Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 135.102.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 135.100through 135.105 and 135.105B.

Purpose and Summary

This chapter was reviewed and is being rescinded and adopted anew as part of the Red Tape Review process laid out by Executive Order 10. The purpose of this chapter is to implement the grant program pursuant to Iowa Code section 135.103 and to set forth the standards and program requirements of the grant program pursuant to Iowa Code section 135.103.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 11, 2024, as ARC 8518C. A public hearing was held on the following date(s):

●January 15, 2025

●January 17, 2025

No one attended the public hearings. One public comment was received from the Cerro Gordo County public health department expressing support for the program. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Department on March 14, 2025.

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 Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.

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).

Effective Date

This rulemaking will become effective on June 1, 2025.

The following rulemaking action is adopted:

ITEM 1.Rescind 641—Chapter 72 and adopt the following new chapter in lieu thereof:

CHAPTER 72

CHILDHOOD LEAD POISONING
PREVENTION PROGRAM

641—72.1(135) Definitions.

“Approved program” means a program that meets the requirements of Iowa Code section 135.104 and has been approved by the department.

“Local board” means a county, district, or city board of health.

641—72.2(135) Approved programs.

72.2(1) A local board of health representing a geographic area with a population of at least 15,000 is eligible to apply for status as an approved program pursuant to Iowa Code section 135.104, which sets forth the eligibility requirements contained in the application.

72.2(2) A local board wishing to apply for status as an approved program shall make application to the department in the format available from the department. All materials submitted as part of the application for status as an approved program are public records.

These rules are intended to implement Iowa Code sections 135.100 through 135.105.

[Filed 3/14/25, effective 6/1/25]

[Published 4/2/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/2/25.