ARC 9470C - Iowa Administrative Rules

Adopted and Filed

Discipline for hearing aid specialists, ch 2063

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ARC 9470C

INSPECTIONS AND APPEALS DEPARTMENT[481]

Adopted and Filed

Rulemaking related to discipline for hearing aid specialists

The Department of Inspections, Appeals, and Licensing hereby rescinds Chapter 2063, “Discipline for Hearing Aid Specialists,” Iowa Administrative Code, and adopts a new Chapter 2063 with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted 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 rulemaking implements 2024 Iowa Acts, Senate File 2385, which eliminated the Hearing Aid Specialist Board and changed that terminology to Department.

The rulemaking provides protection to Iowans because the rulemaking publicly defines 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, it can subject a licensee 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 legacy 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.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on May 14, 2025, as ARC 9272C. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Department on June 18, 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 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 September 10, 2025.

The following rulemaking action is adopted:

ITEM 1.Rescind 481—Chapter 2063 and adopt the following new chapter in lieu thereof:

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.

[Filed 7/11/25, effective 9/10/25]

[Published 8/6/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/6/25.