ARC 9785C

ARC 9785C

INSPECTIONS AND APPEALS DEPARTMENT[481]

Notice of Intended Action

Proposing rulemaking related to dental assistants
and providing an opportunity for public comment

    The Department of Inspections, Appeals, and Licensing hereby proposes to amend Chapter 572, “Dental Licensure, Registration, Renewal, Reactivation and Reinstatement,” Chapter 574, “General Requirements and Standards of Practice,” Chapter 575, “Dental Assistants, Dental Radiography Qualifications, and Dental Laboratory Technicians,” Chapter 577, “Expanded Functions,” and Chapter 581, “Dental Board Discipline,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code chapters 147, 153 and 272C.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapters 147, 153 and 272C and 2025 Iowa Acts, House File 805.

Purpose and Summary

    This proposed rulemaking amends the rules promulgated by the Dental Board to implement 2025 Iowa Acts, House File 805. This legislation allows for dental assistants to practice in Iowa without a requirement to be registered if they complete a term of practical training as set forth in rule and Iowa Code chapter 153. All references to Iowa Code chapters 147 and 153 and section 153.39 herein are to those chapters and that section as amended by 2025 Iowa Acts, House File 805.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 17, 2025. A public hearing was held on the following date(s):

     ?   October 7, 2025

    Members of the public attended the public hearing, and comments were received. Most of the comments expressed concern with the three-month training period and recommended that the dentist be allowed to determine the period of training. The Iowa Dental Association expressed concern that the proposed amendments do not allow unregistered dental assistants to do radiography as the Iowa Code does. Contrary to these comments, a few comments expressed concern that the Board was diminishing the role of the dental assistant, allowing uneducated assistants and allowing the dentist not to reimburse them appropriately.

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.

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 December 30, 2025. Comments should be directed to:

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.  Amend subrule 572.6(1) as follows:

    572.6(1) Applicants for a radiography qualification must also be registered as a dental assistant pursuant to Iowa Code chapter 153 or hold an active license issued by the board of nursing.

    ITEM 2.  Amend rule 481—574.1(153) as follows:

481—574.1(153) Licensed, or registered or trained personnel. In accordance with Iowa Code chapters 147 and 153, persons engaged in the practice of dentistry, dental hygiene or dental assisting in Iowa must be licensed by the board as a dentist or dental hygienist or registered or trained pursuant to Iowa Code chapter 153 as a dental assistant.

This rule is intended to implement Iowa Code chapters 147 and 153.

    ITEM 3.  Amend subrules 574.4(1) and 574.4(2) as follows:

    574.4(1) Child and dependent adult abuse training. Licensees or registrants dental assistants who regularly examine, attend, counsel or treat children or adults in Iowa must obtain mandatory training in child and dependent adult abuse identification and reporting in accordance with Iowa Code sections 232.69 and 235B.16 and 481—Chapter 573.

    574.4(2) Cardiopulmonary resuscitation. Licensees and registrants dental assistants may practice in Iowa if they obtain and maintain current certification in a cardiopulmonary resuscitation (CPR) course that included a hands-on component. The board reserves the right to request that licensees and registrants provide evidence of current certification.

    ITEM 4.  Amend rule 481—575.1(153) as follows:

481—575.1(153) Registration required. A person shall not practice dental assisting without a current registration issued by the board pursuant to rule 481—571.5(147,153). The following individuals are exempt from the requirements of this rule:

    575.1(1) Students enrolled in an accredited dental, dental hygiene, or dental assisting program;

    575.1(2) Dental assistant trainees who are meeting the requirements for registration pursuant to Iowa Code section 153.39; and

    575.1(3) Persons who are actively licensed in Iowa to practice dental hygiene or nursing and who are engaged in the practice of said profession.; and

    575.1(4) Persons who successfully complete a term of practical training to include jurisprudence and infection control under the supervision of a dentist pursuant to Iowa Code section 153.39(5).

    ITEM 5.  Amend rule 481—575.2(136C,153) as follows:

481—575.2(136C,153) Qualification required.

    575.2(1) A person who is not otherwise actively licensed by the board shall not participate in dental radiography unless the person holds an active registration is a dental assistant or holds a nursing license and holds an active radiography qualification issued by the board and a dentist provides general supervision.

    a. and b. No change.

    575.2(2) No change.

    575.2(3) Any licensee who permits a person to engage in dental radiography or a registrant dental assistant who engages in dental radiography contrary to this chapter or Iowa Code chapter 136C may be subject to discipline by the board pursuant to 481—Chapter 580.

    ITEM 6.  Amend rule 481—575.3(153) as follows:

481—575.3(153) Dental assistants.

    575.3(1) Dental assistant trainees are individuals who are engaging in on-the-job training to meet the requirements for registration pursuant to Iowa Code section 153.39 and rule 481—571.5(147,153). Trainees who are 18 years of age or older may also engage in on-the-job training in dental radiography pursuant to Iowa Code chapters 136C and 153 and this chapter.

    a. No change.

    b.  A dental assistant trainee shall stop work as a dental assistant trainee if the trainee fails to become registered or complete the term of practical training described in Iowa Code section 153.39(5) prior to the expiration date.

    575.3(2) No change.

    575.3(3) A person may practice as a dental assistant without receiving a certificate of registration as described in Iowa Code section 153.39 if the person successfully completes a term of practical training under the supervision of a licensed dentist.

    ITEM 7.  Amend subrule 575.5(1), introductory paragraph, as follows:

    575.5(1) A licensed dentist may delegate the following services to a registered dental assistant under general supervision:

    ITEM 8.  Amend subrule 577.1(1), introductory paragraph, as follows:

    577.1(1) Dental hygienists or registered dental assistants may only perform expanded function procedures upon successful completion of a board-approved course of training. Dental assistant trainees are not eligible to receive training in or perform expanded function procedures.

    ITEM 9.  Amend subrule 577.1(3) as follows:

    577.1(3) To be eligible to train in expanded function procedures, dental assistants must hold an active registration and comply with one of the following:

    a.  Be a graduate of an accredited school;

    b.  Be currently certified by the Dental Assisting National Board (DANB); or

    c.  Have at least three months of clinical practice as a registered dental assistant or clinical practice as a dental assistant in a state that does not require registration.

    ITEM 10.  Amend paragraph 581.3(1)“d” as follows:

    d.  Delegation of any acts to any licensee, or registrant or qualified person that are beyond the training or education of the licensee, or registrant or qualified person, or that are otherwise prohibited by rule;