ARC 9283C - Iowa Administrative Rules

Adopted and Filed

Continuing education for optometrists, 761.2(1)

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ARC 9283C

INSPECTIONS AND APPEALS DEPARTMENT[481]

Adopted and Filed

Rulemaking related to continuing education for optometrists

The Department of Inspections, Appeals, and Licensing hereby amends Chapter 761, “Continuing Education for Optometrists,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code chapters 154 and 272C.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapters 154 and 272C.

Purpose and Summary

This rulemaking implements Iowa Code chapter 154 and section 272C.2 as amended by 2024 Iowa Acts, House File 2686. Chapter 761 sets forth continuing education and training requirements for optometrists. 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 Optometry reviewed the continuing education requirements in the fall of 2023 pursuant to Executive Order 10. Subrule 761.2(1) is being 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 grants optometrists the ability to carry over up to 25 hours of continuing education earned in excess of the 50 hours required every two years.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on February 19, 2025, as ARC 8951C. A public hearing was held on the following date(s):

●March 11, 2025

No one attended the public hearing. Public comments were received questioning whether the change in code would be applied to additional boards, requiring them to allow a similar carryover of continuing education hours. No changes to the Notice were made.

Adoption of Rulemaking

This rulemaking was adopted by the Board on April 17, 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 Board for a waiver of the discretionary provisions, if any, pursuant to 481—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 18, 2025.

The following rulemaking action is adopted:

ITEM 1.Amend subrule 761.2(1) as follows:

761.2(1) The biennial continuing education compliance period will extend for a two-year period beginning on July 1 and ending on June 30 of each even-numbered year. Each biennium, each person who is licensed to practice as an optometrist in this state will be required to complete a minimum of 50 hours of continuing education that meets the standards in this chapter. Continuing education hours cannot be carried over to the next biennium.Licensees who complete continuing education hours in excess of the requirements for renewal may apply up to 50 percent of the required hours to the following renewal period in compliance with Iowa Code section 272C.2(2)“h.” The continuing education required in subparagraphs 761.3(2)“c”(1), “c”(2), and “c”(3) must be completed each biennium and cannot be carried over.

[Filed 4/25/25, effective 6/18/25]

[Published 5/14/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/14/25.