Notice of Intended Action
Discipline for hearing aid specialists, ch 2063
ARC 9272C
INSPECTIONS AND APPEALS DEPARTMENT[481]
Notice of Intended Action
Proposing rulemaking related to discipline for hearing aid specialists
and providing an opportunity for public comment
The Department of Inspections, Appeals, and Licensing hereby proposes to rescind Chapter 2063, “Discipline for Hearing Aid Specialists,” Iowa Administrative Code, and to adopt a new chapter with the same title.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code sections 147.76, 272C.2, and 272C.3.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 154A, and 272C.
Purpose and Summary
This proposed chapter complies with 2024 Iowa Acts, Senate File 2385, which eliminated the Hearing Aid Specialist Board and changed that terminology to Department.
The proposed rulemaking provides protection to Iowans by publicly defining required professional standards for hearing aid specialists. This is important to both the public and to the licensee because the rule creates a shared understanding of what is and is not appropriate for certain types of licensed individuals in the state of Iowa. When professional standards are not met, a licensee can be subjected to discipline against the licensee’s license. Iowans have the ability to submit a complaint to the licensing board, which can then investigate the allegation. The Department has the ability to seek discipline against the licensee for those items outlined, ensuring that the public is protected.
The 19 boards in the Health and Human Services (HHS) Bureau of Professional Licensure have similar disciplinary standards for all professions. For this reason, one shared disciplinary chapter has been created that applies to all professions. This chapter contains only those disciplinary grounds that are unique to the hearing aid specialist profession and are therefore excluded from the general disciplinary chapter.
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 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 June 3, 2025. Comments should be directed to:
|
Jessica O’Brien |
Public Hearing
No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rulemaking may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.
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 new481—Chapter 2063:
CHAPTER 2063
DISCIPLINE FOR HEARING AID SPECIALISTS
481—2063.1(154A,272C) Grounds for discipline. The department may impose any of the disciplinary sanctions provided in rule 481—504.3(272C) when the department determines that the licensee is guilty of any of the following acts or offenses or those listed in 481—Chapter 504:
2063.1(1) Failure to comply with the current Code of Ethics of the International Hearing Society (2023). The department hereby adopts by reference the current Code of Ethics of the International Hearing Society, available at www.ihsinfo.org.
2063.1(2) Advertising that hearing testing or hearing screening is a medical examination used to diagnose or refer.
2063.1(3) Except in cases of selling replacement hearing aids of the same make or model within one year of the original sale, a hearing aid will not be sold without adequate diagnostic testing and evaluation using established procedures to assess hearing needs as defined in 481—Chapter 2062. Testing equipment will be calibrated to current standards at least annually or more often if necessary. The distributor will keep with the testing equipment a certificate indicating the date of calibration.
This rule is intended to implement Iowa Code chapters 147, 154A and 272C.
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 4 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 6/3/2025
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Official Document
- Discipline for hearing aid specialists, ch 2063
- Published on 5/14/2025
- 64 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 5/14/2025.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 481-2063.1 Rule 481-504.3Iowa 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 272CKeywords
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Grounds for disciplineAbout
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