ARC 9315C - Iowa Administrative Rules

Adopted and Filed

Speech pathologists and audiologists—hearing aid dispensing, 741.2

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ARC 9315C

INSPECTIONS AND APPEALS DEPARTMENT[481]

Adopted and Filed

Rulemaking related to practice of speech pathologists and audiologists

The Department of Inspections, Appeals, and Licensing hereby amends Chapter 741, “Practice of Speech Pathologists and Audiologists,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted 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 rulemaking implements Iowa Code chapter 154A as amended by 2024 Iowa Acts, Senate File 2385.The rulemaking 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 being 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.

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 8950C. A public hearing was held on the following date(s):

●March 11, 2025

No one attended the public hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Board of Speech Pathology and Audiology on April 25, 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 July 2, 2025.

The following rulemaking action is adopted:

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.

[Filed 5/2/25, effective 7/2/25]

[Published 5/28/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/28/25.