ARC 9988C

ARC 9988C

INSPECTIONS AND APPEALS DEPARTMENT[481]

Amended Notice of Intended Action

Proposing rulemaking related to the occupational therapy licensure compact
and providing an opportunity for public comment

    The Department of Inspections, Appeals, and Licensing hereby proposes to amend Chapter 804, “Licensure of Occupational Therapists and Occupational Therapy Assistants,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code chapter 148B and sections 147E.1, 272C.3 and 272C.10.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 148B and 272C and section 147E.1.

Purpose and Summary

    The proposed amendments define the requirements for participation in the Occupational Therapy Licensure Compact; add background check requirements for initial licensure, licensure by endorsement, and license reactivation for all occupational therapist (OT) and occupational therapist assistant (OTA) applicants; add a fee for the issuance of a compact privilege to practice in Iowa; and waive the compact privilege fee for an active duty military member or spouse.

Reason for Amendment of Notice of Intended Action

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on July 9, 2025, as ARC 9393C. No public comments were received. These amendments have been revised since publication of the Notice to include background checks for current license holders and during licensure reactivation when a license has been inactive for two or more years and the licensee cannot provide evidence of active practice in another state. 

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 of Physical and Occupational Therapy 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 Board no later than 4:30 p.m. on February 10, 2026. Comments should be directed to:

Public Hearing

     A public hearing at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

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 new definitions of “DCI” and “FBI” in rule 481—804.1(147):

    “DCI” means the Iowa division of criminal investigation.

    “FBI” means the Federal Bureau of Investigation.

    ITEM 2.  Renumber subrules 804.2(3) and 804.2(4) as 804.2(5) and 804.2(6).

    ITEM 3.  Adopt the following new subrules  804.2(3) and  804.2(4):

    804.2(3) Submit required waivers and fingerprints pursuant to the board-approved process to facilitate a national criminal history background check by the DCI and the FBI. The cost of the criminal history background check by the DCI and the FBI shall be assessed to the applicant.

    804.2(4) Direct the examination service to submit examination scores directly to the board.

    ITEM 4.  Renumber rules 481—804.4(147) through 481—804.9(17A,147,272C) as 481—804.5(147) through 481—804.10(17A,147,272C).

    ITEM 5.  Adopt the following new rule  481—804.4(147E):

481—804.4(147E) Occupational therapy licensure compact. The rules of the occupational therapy compact commission are incorporated by reference. An occupational therapist or occupational therapist assistant may engage in the practice of occupational therapy in Iowa without a license issued by the board if the individual has a current compact privilege to practice in Iowa issued by the occupational therapy compact commission. The state fee for issuance of a compact privilege to practice in Iowa shall be $60, which will be collected by the occupational therapy compact commission. The state fee for issuance of a compact privilege to practice in Iowa shall be waived for an active duty military member or spouse of an individual who is an active duty military member. An occupational therapist or occupational therapist assistant who practices occupational therapy in Iowa using a compact privilege is subject to the rules governing licensees in this chapter and in 481—Chapters 806 and 807. Complaints, investigations, and disciplinary proceedings involving a compact privilege shall be handled in accordance with Iowa Code chapters 17A and 272C; Iowa Code section 147E.1; and 481—Chapters 503, 504, and 506.

This rule is intended to implement Iowa Code section 147E.1.

    ITEM 6.  Adopt the following new subrule  804.8(9):

    804.8(9) Compact eligibility review. This rule applies to licensees who were licensed prior to adoption of this rule. In order to complete the compact eligibility review, at or prior to the next renewal, a licensee must submit required waivers and fingerprints pursuant to the board-approved process to facilitate a national criminal history background check. The cost for the evaluation of the fingerprint packet and the DCI and FBI criminal history background checks will be assessed to the applicant. The board may withhold issuing a license pending receipt of a report from the DCI and FBI.

    ITEM 7.  Adopt the following new subrule  804.9(4):

    804.9(4) If the license has been inactive for two or more years and the licensee cannot provide verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation, submit required waivers and fingerprints pursuant to the board-approved process to facilitate a national criminal history background check. The cost for the evaluation of the fingerprint packet and the DCI and FBI criminal history background checks will be assessed to the applicant. The board may withhold issuing a license pending receipt of a report from the DCI and FBI.

    ITEM 8.  Amend renumbered rule 481—804.10(17A,147,272C) as follows:

481—804.10(17A,147,272C) License reinstatement. A licensee whose license has been revoked, suspended, or voluntarily surrendered must apply for and receive reinstatement of the license in accordance with rule 481—506.31(272C) and must apply for and be granted reactivation of the license in accordance with rule 481—804.8(17A,147,272C) 481—804.9(17A,147,272C) prior to practicing occupational therapy in this state.