reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.24 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the board
				may review an interlocutory order of the board administrator or an
				administrative law judge. Any request for interlocutory review must be filed
				within 14 days of issuance of the challenged order, but no later than the time
				for compliance with the order or the date of hearing, whichever is first. In
				determining whether to review an interlocutory order, the board will
				consider:
1. The extent to which its
			 granting the interlocutory appeal would expedite final resolution of the case;
			 and
2. The extent to which review
			 of that interlocutory order by the board at the time it reviews the proposed
			 decision of the presiding officer would provide an adequate remedy.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.25 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who may
			 file.
Any party to a contested case proceeding may file an application
			 for rehearing from a final order. The filing of an application for rehearing is
			 not necessary to exhaust administrative remedies for purposes of judicial
			 review.
(2)
Content of
			 application.
The application for rehearing will state on whose behalf
			 it is filed, the specific grounds for rehearing, and the relief sought. In
			 addition, the application shall state whether the applicant desires
			 reconsideration of all or part of the agency decision on the existing record
			 and whether the applicant requests an opportunity to submit additional
			 evidence.
(3)
Additional
			 evidence.
A party may request the taking of additional evidence only
			 by establishing that (a) the facts or other evidence arose after the original
			 proceeding, or (b) the party offering such evidence could not reasonably have
			 provided such evidence at the original proceedings, or (c) the party offering
			 the additional evidence was misled by any party as to the necessity for
			 offering such evidence at the original proceeding. A written request to present
			 additional evidence must be filed with the application for rehearing or by a
			 nonappealing party within 14 days of service of the notice of appeal.
(4)
Filing deadline.
The
			 application will be filed with the board within 20 days after issuance of the
			 final decision.
(5)
Notice
			 to other parties.
A copy of the application will be timely mailed by
			 the applicant to all parties of record not joining therein.
(6)
Disposition.
Any
			 application for a rehearing will be deemed denied unless the agency grants the
			 application within 20 days after its filing.
(7)
Only remedy.
Application
			 for rehearing is the only procedure by which a party may request that the board
			 reconsider a final board decision.
(8)
Proceedings.
If the
			 board grants an application for rehearing, the board may set the application
			 for oral argument or for hearing if additional evidence will be received. If
			 additional evidence will not be received, the board may issue a ruling without
			 oral argument or hearing. The board may, on the request of a party or on its
			 own motion, order or permit the parties to provide written argument on one or
			 more designated issues. The board may be assisted by an administrative law
			 judge in all proceedings related to an application for rehearing.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.26 - Stays of Agency Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When
			 available.
Any party to a contested case proceeding may petition the
			 board for a stay of an order issued in that proceeding or for other temporary
			 remedies, pending review by the board or pending judicial review. The petition
			 shall state the reasons justifying a stay or other temporary remedy.
(2)
When granted.
In
			 determining whether to grant a stay, the board will consider the factors listed
			 in Iowa Code section 17A.19(5)
"c."
(3)
Vacation.
A stay may be vacated by the issuing authority upon
			 application of the board or any other party.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.27 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.28 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emergency action.
To the extent necessary to prevent or avoid
			 immediate danger to the public health, safety, or welfare, and consistent with
			 the Constitution and other provisions of law, the board may issue a written
			 order in compliance with Iowa Code section
			 17A.18A to suspend a license in
			 whole or in part, order the cessation of any continuing activity, order
			 affirmative action, or take other action within the jurisdiction of the board
			 by emergency adjudicative order.
(2) Before issuing an emergency adjudicative
			 order, the board will consider factors including but not limited to the
			 following:
a. Whether there has been a
			 sufficient factual investigation to ensure that the board is proceeding on the
			 basis of reliable information;
b.
			 Whether the specific circumstances that pose immediate danger to the public
			 health, safety or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency adjudicative order may continue to engage
			 in other activities without posing immediate danger to the public health,
			 safety or welfare;
d. Whether
			 imposition of monitoring requirements or other interim safeguards would be
			 sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the board is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.29 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
Any appeal to district court from a decision in a contested
				case will be taken within 30 days from the date of issuance of the decision by
				the board pursuant to Iowa Code section
				17A.19.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.31 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person
			 whose license to practice has been revoked or suspended may apply to the board
			 for reinstatement in accordance with the terms and conditions of the order of
			 revocation or suspension, unless the order of revocation provides that the
			 license is permanently revoked.
(2)
			 Unless otherwise provided by law, if the order of revocation or suspension did
			 not establish terms and conditions upon which reinstatement might occur, or if
			 the license was voluntarily surrendered, an initial application for
			 reinstatement may not be made until one year has elapsed from the date of the
			 order or the date of the voluntary surrender.
(3) All proceedings for reinstatement will be
			 initiated by the respondent, who will file with the board an application for
			 reinstatement of the license. Such application will be docketed in the original
			 case in which the license was revoked, suspended, or relinquished. All
			 proceedings upon the application for reinstatement will be subject to the same
			 rules of procedure as other cases before the board.
(4) An application for reinstatement will
			 allege facts that, if established, will be sufficient to enable the board to
			 determine that the basis for the revocation, suspension or voluntary surrender
			 of the respondent's license no longer exists and that it will be in the public
			 interest for the license to be reinstated. The burden of proof to establish
			 such facts is on the respondent.
(5) An order of reinstatement will be based
			 upon a decision that incorporates findings of facts and conclusions of law. The
			 order will be published as provided for in this chapter.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.32 - License Denial

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An applicant
			 who has been denied licensure by the board may appeal the denial and request a
			 hearing on the issues related to the licensure denial by serving a notice of
			 appeal and request for hearing upon the board not more than 30 days following
			 the date of mailing of the notification of licensure denial to the applicant.
			 The request for hearing will specifically delineate the facts to be contested
			 at the hearing.
(2) All hearings
			 held pursuant to this rule will be held pursuant to the process outlined in
			 this chapter.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.33 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Informal settlement-parties.
A contested case may be resolved
			 by informal settlement. Negotiation of an informal settlement may be initiated
			 by the state of Iowa represented by an assistant attorney general, the
			 respondent, or the board. The board shall designate a board member with
			 authority to negotiate on behalf of the board. The full board will not be
			 involved in negotiations until the presentation of a final, written, signed
			 informal settlement to the full board for approval.
(2)
Informal settlement-waiver of
			 notice and opportunity to be heard.
Consent to negotiation by a
			 respondent constitutes a waiver of notice and opportunity to be heard pursuant
			 to Iowa Code chapter 17A during informal settlement negotiation, and the
			 assistant attorney general is thereafter authorized to discuss informal
			 settlement with the board's designee until that consent is expressly
			 withdrawn.
(3)
Informal
			 settlement-board approval.
All informal settlements are subject to
			 approval of a majority of the board. No informal settlement will be presented
			 to the board for approval except in final, written form executed by the
			 respondent. If the board fails to approve the informal settlement, it will be
			 of no force or effect to either party.
(4)
Informal
			 settlement-disqualification of designee.
A board member who is
			 designated to act in negotiation of settlement is not disqualified from
			 participating in the contested case should the case proceed to
			 hearing.
(5)
Voluntary
			 surrender.
The board may accept the voluntary surrender of a license
			 if accompanied by a written statement of intention. A voluntary surrender, when
			 accepted in connection with a disciplinary proceeding, has the same force and
			 effect as an order of revocation.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 12 - Informal Settlement › Rule 645-12.1 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Informal settlement-parties.
A contested case may be resolved
			 by informal settlement. Negotiation of an informal settlement may be initiated
			 by the state of Iowa represented by an assistant attorney general, the
			 respondent, or the board. The board shall designate a board member with
			 authority to negotiate on behalf of the board. The full board shall not be
			 involved in negotiations until the presentation of a final, written, signed
			 informal settlement to the full board for approval.
(2)
Informal settlement-waiver of
			 notice and opportunity to be heard.
Consent to negotiation by a
			 respondent constitutes a waiver of notice and opportunity to be heard pursuant
			 to Iowa Code chapter 17A during informal settlement negotiation, and the
			 assistant attorney general is thereafter authorized to discuss informal
			 settlement with the board's designee until that consent is expressly
			 withdrawn.
(3)
Informal
			 settlement-board approval.
All informal settlements are subject to
			 approval of a majority of the board. No informal settlement shall be presented
			 to the board for approval except in final, written form executed by the
			 respondent. If the board fails to approve the informal settlement, it shall be
			 of no force or effect to either party.
(4)
Informal
			 settlement-disqualification of designee.
A board member who is
			 designated to act in negotiation of settlement is not disqualified from
			 participating in the contested case should the case proceed to
			 hearing.
(5)
Voluntary
			 surrender.
The board may accept the voluntary surrender of a license
			 if accompanied by a written statement of intention. A voluntary surrender, when
			 accepted in connection with a disciplinary proceeding, has the same force and
			 effect as an order of revocation.
This rule is intended to implement Iowa Code chapter 17A as
				amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter
				272C.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 13 - Discipline › Rule 645-13.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means a professional licensing board
				established pursuant to Iowa Code chapter 147.
"Licensee"
means a person licensed under Iowa
				Code chapter 147.
"Licensee discipline"
means the same as
				defined in Iowa Code section
				272C.1.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 13 - Discipline › Rule 645-13.2 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
A board may impose any of the disciplinary sanctions provided
				in Iowa Code section 272C.3 when the board determines
				that the licensee is guilty of any of the following acts or offenses or those
				listed in Iowa Code section
				147.55:
(1) Fraud in procuring a license. Fraud in
			 procuring a license includes but is not limited to an intentional perversion of
			 the truth in making application for a license to practice in this state, which
			 includes the following:
a. False
			 representations of a material fact, whether by word or by conduct, by false or
			 misleading allegations, or by concealment of that which should have been
			 disclosed when making application for a license in this state; or
b. Attempting to file or filing with the
			 board or the department of inspections, appeals, and licensing any false or
			 forged diploma, certificate, affidavit, identification or qualification in
			 making an application for a license in this state.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 13 - Discipline › Rule 645-13.3 - Method of Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board has the authority to impose the following
				disciplinary sanctions as defined in Iowa Code section
				272C.3 and as follows:
1. Order a physical or mental evaluation or
			 order alcohol and drug screening within a time specified by the
			 board.
2. Such other sanctions
			 allowed by law.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 13 - Discipline › Rule 645-13.4 - Discretion of Board

Current through Register Vol. 47, No. 3, July 24, 2024
The following factors may be considered by the board in
				determining the nature and severity of the disciplinary sanction to be
				imposed:
1. The relative serious
			 nature of the violation as it relates to ensuring the citizens of this state a
			 high standard of professional care.
2. The facts of the particular
			 violation.
3. Any extenuating facts
			 or other countervailing considerations.
4. The number of prior violations or
			 complaints.
5. The seriousness of
			 prior violations or complaints.
6.
			 Whether remedial action has been taken.
7. Such other factors as may reflect upon the
			 competency, ethical standards, and professional conduct of the
			 licensee.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 14 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 645-14.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Complete criminal record"
includes the
				complaint and judgment of conviction for each offense of which the applicant
				has been convicted, regardless of whether the offense is classified as a felony
				or a misdemeanor, and regardless of the jurisdiction in which the offense
				occurred.
"Conviction"
means a finding, plea, or verdict
				of guilt made or returned in a criminal proceeding, even if the adjudication of
				guilt is deferred, withheld, or not entered. "Conviction" includes Alford pleas
				and pleas of nolo contendere.
"Disqualifying offense"
means a conviction
				directly related to the duties and responsibilities of the profession pursuant
				to Iowa Code section 272C.1(8).
"License"
means any license, registration, or
				permit issued by the board.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 14 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 645-14.2 - License Application

Current through Register Vol. 47, No. 3, July 24, 2024
Unless an applicant for licensure petitions the board for an
				eligibility determination pursuant to rule
				645-14.3 (272C), the applicant's
				convictions will be reviewed when the board receives a completed license
				application.
(1) An applicant must
			 disclose all convictions on a license application. Failure to disclose all
			 convictions is grounds for license denial or disciplinary action following
			 license issuance.
(2) An applicant
			 with one or more convictions shall submit the complete criminal record for each
			 conviction and a personal statement regarding whether each conviction directly
			 relates to the practice of the profession in order for the license application
			 to be considered complete.
(3) An
			 applicant must submit all evidence of rehabilitation that the applicant wishes
			 to be considered by the board.
(4)
			 The board may deny a license if the applicant has a disqualifying offense
			 unless the applicant demonstrates by clear and convincing evidence that the
			 applicant is rehabilitated pursuant to Iowa Code section
			 272C.15.
(5) An applicant with one or more
			 disqualifying offenses who has been found rehabilitated must still satisfy all
			 other requirements for licensure.
(6) Any application fees paid will not be
			 refunded if the license is denied.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 14 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 645-14.3 - Eligibility Determination

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An individual
			 who has not yet submitted a completed license application may petition the
			 board for a determination of whether one or more of the individual's
			 convictions are disqualifying offenses that would render the individual
			 ineligible for licensure.
(2) To
			 petition the board for an eligibility determination of whether one or more of
			 the petitioner's convictions are disqualifying offenses, a petitioner shall
			 submit all of the following:
a. A completed
			 petition for eligibility determination form;
b. The complete criminal record for each of
			 the petitioner's convictions;
c. A
			 personal statement regarding whether each conviction directly relates to the
			 duties and responsibilities of the profession and why the board should find the
			 petitioner rehabilitated;
d. All
			 evidence of rehabilitation that the petitioner wishes to be considered by the
			 board; and
e. Payment of a
			 nonrefundable fee of $25.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 14 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 645-14.4 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
A petitioner deemed ineligible or an applicant denied a license
				due to a disqualifying offense may appeal the decision in the manner and time
				frame set forth in the board's written decision. A timely appeal will initiate
				a nondisciplinary contested case proceeding. The board's rules governing
				contested case proceedings will apply unless otherwise specified in this rule.
				If the petitioner or applicant fails to timely appeal, the board's written
				decision will become a final order.
(1) An administrative law judge will serve as
			 the presiding officer of the nondisciplinary contested case proceeding, unless
			 the board elects to serve as the presiding officer. When an administrative law
			 judge serves as the presiding officer, the decision rendered shall be a
			 proposed decision.
(2) The
			 contested case hearing shall be closed to the public, and the board's review of
			 a proposed decision shall occur in closed session.
(3) The office of the attorney general shall
			 represent the board's initial ineligibility determination or license denial and
			 shall have the burden of proof to establish that the petitioner or applicant's
			 convictions include at least one disqualifying offense. Upon satisfaction of
			 this burden by a preponderance of the evidence by the office of the attorney
			 general, the burden of proof shall shift to the petitioner or applicant to
			 establish rehabilitation by clear and convincing evidence.
(4) A petitioner or applicant must appeal an
			 ineligibility determination or license denial in order to exhaust
			 administrative remedies. A petitioner or applicant may only seek judicial
			 review of an ineligibility determination or license denial after the issuance
			 of a final order following a contested case proceeding. Judicial review of the
			 final order following a contested case proceeding shall be in accordance with
			 Iowa Code chapter 17A.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 14 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 645-14.5 - Future Petitions or Applications

Current through Register Vol. 47, No. 3, July 24, 2024
If a final order determines a petitioner is ineligible, the
				petitioner may not submit a subsequent petition for eligibility determination
				or a license application prior to the date specified in the final order. If a
				final order denies a license application, the applicant may not submit a
				subsequent license application or a petition for eligibility determination
				prior to the date specified in the final order.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means a health professional licensing
				board established pursuant to Iowa Code chapter 147, 154A, 154E, or 155.
"Contract"
means the written document executed
				by a practitioner and the impaired practitioner review committee which
				establishes the terms for participation in the impaired practitioner
				program.
"Impairment"
means an inability to practice
				with reasonable safety and skill as a result of alcohol or drug abuse,
				dependency, or addiction, or any neuropsychological or physical disorder or
				disability. For the purposes of the program, "impairment" does not include
				gambling addiction, sexual addiction, sexual compulsivity, paraphilia or other
				sexual disorders.
"IPRC"
or
"committee"
means
				the impaired practitioner review committee.
"Practitioner"
or
"licensee"
means a person licensed under Iowa Code chapter 147, 154A, 154E, or 155.
"Self-report"
means written or oral
				notification provided by the licensee to the board or impaired practitioner
				review committee that the licensee has been, is, or may be impaired prior to
				the board's receiving a complaint or report from a third party alleging the
				same. Information relative to impairment or a potential impairment which is
				provided on a license application or a renewal form may be considered a
				self-report.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.2 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The impaired practitioner review committee evaluates, assists,
				and monitors the recovery or rehabilitation of practitioners in the impaired
				practitioner program and makes reports to the board in the event of
				noncompliance. The impaired practitioner program is both an advocate for
				licensee health and a means to protect the health and safety of the
				public.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.3 - Composition of the Committee

Current through Register Vol. 47, No. 3, July 24, 2024
The committee is composed of, but not limited to, members with
				the following qualifications:
(1) A
			 licensed practitioner who has expertise in the area of substance abuse and
			 addiction treatment.
(2) A licensed
			 practitioner who has expertise in the diagnosis and treatment of psychological
			 disorders and disabilities.
(3) A
			 specialty board-certified psychiatrist who holds a current, active Iowa license
			 as defined in
			 653-91.
			 (147,148,150,150A).
(4) A licensee
			 who has remained free of addiction for a period of no less than two years since
			 successfully completing a board-approved recovery program; board-ordered
			 probation for drug or alcohol dependency, addiction or abuse; or an impaired
			 practitioner review committee contract.
(5) A physician, a physician assistant or an
			 advanced registered nurse practitioner (ARNP) whose specialty area is family
			 practice or who has expertise in neurological disorders.
a. If the member is a physician, the
			 physician shall be a person licensed to practice medicine and surgery,
			 osteopathic medicine and surgery or osteopathy as defined in
			 653-11.
			 (17A,147).
b. If the member is a
			 physician assistant, the physician assistant shall be a person licensed as a
			 physician assistant as defined in
			 645-3261.
			 (148C).
c. If the member is an
			 ARNP, the ARNP shall be licensed as a registered nurse as defined in Iowa Code
			 chapter 152 or 152E and registered to practice as an ARNP in Iowa as defined in
			 655-72.
			 (152).
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.4 - Organization of the Committee

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 division shall appoint the committee members designated in subrules 16.3(1) to
			 16.3(6).
(2) Upon request of the
			 committee, the board chairperson or other licensed designee of the board under
			 which the licensee is regulated may join the committee to provide consultation
			 when a licensee of that board is being reviewed.
(3) The IPRC shall elect a chairperson and
			 vice chairperson from committee members specified in subrules 16.3(1) to
			 16.3(5) at the first meeting of each calendar year. The officers shall serve
			 one-year terms, which will commence following the election.
(4) Committee members, except the board
			 administrator, shall be appointed for a three-year term, and may serve for a
			 maximum of three terms. Each term shall expire on December 31 of the third year
			 of the term. Initial terms of committee members shall be for a period of not
			 less than one year nor more than three years as designated by the division to
			 provide continuity to the committee.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.5 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
To be eligible for participation in the impaired practitioner
				program, a licensee must meet all the following criteria:
(1) The licensee must self-report an
			 impairment or suspected impairment directly to the IPRC or be referred to the
			 committee by the board.
(2) The
			 licensee must undergo an evaluation at an impaired practitioner
			 committee-approved provider if requested to do so by the committee.
(3) The licensee must not have engaged in the
			 unlawful diversion or distribution of controlled or illegal substances to a
			 third party or for personal financial gain.
(4) At the time of the self-report or
			 referral, the licensee must not already be under any Iowa board order related
			 to an impairment.
(5) The licensee
			 shall not have caused harm or injury to a client.
(6) The licensee shall provide truthful
			 information and fully cooperate with the board or committee.
(7) The licensee must consent to the
			 conditions proposed by the committee in the contract.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.6 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The committee
			 shall meet as necessary in order to review licensee compliance, develop
			 contracts for new referrals, and determine eligibility for continued
			 monitoring.
(2) The committee may
			 hold a closed session if the committee votes to do so in a public roll-call
			 vote with an affirmative vote of at least two-thirds of the total committee or
			 a unanimous vote of those present. The committee will recognize the appropriate
			 statute allowing for a closed session when voting to go into closed session.
			 The impaired practitioner review committee shall keep minutes of all
			 discussion, persons present, and action occurring at a closed session and shall
			 tape-record the proceedings. The records shall be stored securely in the board
			 office and shall not be made available for public inspection.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.7 - Terms of Participation

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee shall agree to comply with the terms for
				participation in the impaired practitioner program established in a contract.
				The impaired practitioner review committee shall file a confidential report on
				board-referred cases with the board upon the licensee's successful completion
				of the program.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.8 - Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee's failure to comply with the provisions of the
				contract may require the committee to make referral of the matter to the
				licensee's board for possible disciplinary action. The impaired practitioner
				review committee may provide to the board the licensee's impaired practitioner
				program file in the event the participant does not comply with the terms of the
				contract.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.9 - Practice Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
As a term of the contract, the committee may impose
				restrictions on the licensee's practice until such time as the committee
				receives a report from an approved evaluator that the licensee is capable of
				practicing with reasonable safety and skill. As a condition of participation in
				the program, a licensee is required to agree to restricted practice in
				accordance with the terms specified in the contract. In the event that the
				licensee refuses to agree to or comply with the restrictions established in the
				contract, the committee shall refer the licensee to the board for appropriate
				action.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.10 - Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
The committee shall establish the terms and monitor a
				licensee's compliance with the program specified in the contract. The committee
				is not responsible for participants who fail to comply with the terms of or
				successfully complete the impaired practitioner program. Participation in the
				program under the auspices of the committee shall not relieve the licensee's
				board of any duties and shall not divest the board of any authority or
				jurisdiction otherwise provided. Any violation of the statutes or rules
				governing the practice of the licensee's profession by a participant shall be
				referred to the board for appropriate action.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 16 - Impaired Practitioner Review Committee › Rule 645-16.11 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The committee is subject to the provisions governing
				confidentiality established in Iowa Code section
				272C6..
				Accordingly, information in the possession of the board or the committee about
				licensees in the program shall not be disclosed to the public. Participation in
				the impaired practitioner program under the auspices of the committee is not a
				matter of public record. Information about applicants or licensees in the
				program shall not be disclosed except as provided in this rule.
(1) The impaired practitioner review
			 committee may communicate information about a licensee in the program to
			 licensing authorities and impaired practitioner programs of any jurisdiction of
			 the United States or foreign nations in which the participant is currently
			 licensed to practice or in which the participant may seek licensure.
(2) The impaired practitioner review
			 committee may communicate information about a licensee in the program to any
			 person assisting in the participant's treatment, recovery, rehabilitation,
			 monitoring, or maintenance.
(3) The
			 impaired practitioner review committee may communicate information about a
			 licensee in the program to the licensee's board in the event the participant
			 does not comply with the terms of the contract as specified in rule 16.8(272C)
			 or 16.9(272C).
(4) The impaired
			 practitioner review committee shall maintain a participant's complete IPRC file
			 for the ten-year period after a participant's contract has expired or is
			 terminated. After that period, only the contract shall be retained.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 17 - Materials for Board Review › Rule 645-17.1 - Materials for Board Review

Current through Register Vol. 47, No. 3, July 24, 2024
Materials received at least two weeks before a regularly
				scheduled meeting shall be placed on the agenda for board review. Materials
				from emergency or unusual circumstances may be added to the agenda with the
				chairperson's approval. All other materials received after this deadline will
				be reviewed at the next regularly scheduled meeting of the board.
This rule is intended to implement Iowa Code chapter
				147.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter:
"Board"
means a particular professional
				licensing board in the division of professional licensure.
"Waiver or variance"
means action by the board
				which suspends in whole or in part the requirements or provisions of a rule as
				applied to an identified person on the basis of the particular circumstances of
				that person. For simplicity, the term "waiver" shall include both a "waiver"
				and a "variance."
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				the board in situations where no other more specifically applicable law
				provides for waivers. To the extent another more specific provision of law
				governs the issuance of a waiver from a particular rule, the more specific
				provision shall supersede this chapter with respect to any waiver from that
				rule.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.3 - Applicability of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The board may only grant a waiver from a rule if the board has
				jurisdiction over the rule and the requested waiver is consistent with
				applicable statutes, constitutional provisions, or other provisions of law. The
				board may not waive requirements created or duties imposed by
				statute.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.4 - Criteria for Waiver or Variance

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				645-186.
				(17A,147,272C), the board may in its sole discretion issue an order waiving in
				whole or in part the requirements of a rule if the board finds, based on clear
				and convincing evidence, all of the following:
1. The application of the rule would impose
			 an undue hardship on the person for whom the waiver is requested;
2. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person;
3. The provisions of
			 the rule subject to the petition for a waiver are not specifically mandated by
			 statute or another provision of law; and
4. Substantially equal protection of public
			 health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				board, as follows:
(1)
License
			 application.
If the petition relates to a license application, the
			 petition shall be made in accordance with the filing requirements for the
			 license in question and submitted to the board administrator.
(2)
Contested cases.
If the
			 petition relates to a pending contested case, the petition shall be filed in
			 the contested case proceeding, using the caption of the contested case, and
			 submitted to the board administrator.
(3)
Other.
If the petition
			 does not relate to a license application or a pending contested case, the
			 petition may be submitted to the board's administrator.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the person or entity for which a waiver is being requested, and the case number
			 of any related contested case.
2. A
			 description and citation of the specific rule from which a waiver is
			 requested.
3. The specific waiver
			 requested, including the precise scope and duration.
4. The relevant facts that the petitioner
			 believes would justify a waiver under each of the four criteria described in
			 645-184.
			 (17A,147,272C). This statement shall include a signed statement from the
			 petitioner attesting to the accuracy of the facts provided in the petition, and
			 a statement of reasons that the petitioner believes will justify a
			 waiver.
5. A history of any prior
			 contacts between the board and the petitioner relating to the regulated
			 activity or license affected by the proposed waiver, including a description of
			 each affected license held by the requester, any notices of violation,
			 contested case hearings, or investigative reports relating to the regulated
			 activity or license within the last five years.
6. Any information known to the requester
			 regarding the board's treatment of similar cases.
7. The name, address, and telephone number of
			 any public agency or political subdivision which also regulates the activity in
			 question, or which might be affected by the grant of a waiver.
8. The name, address, and telephone number of
			 any person or entity that would be adversely affected by the grant of a
			 petition.
9. The name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
10. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the board with information relevant to the waiver.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				board may request additional information from the petitioner relative to the
				petition and surrounding circumstances. If the petition was not filed in a
				contested case, the board may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				the board's administrator, a committee of the board, or a quorum of the
				board.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge a petition upon its receipt in the
				board administrator's office. The board shall ensure that notice of the pending
				petition and a concise summary of its contents have been provided to all
				persons to whom notice is required by any provision of law within 30 days of
				the receipt of the petition. In addition, the board may give notice to other
				persons. To accomplish this notice provision, the board may require the
				petitioner to serve the notice on all persons to whom notice is required by any
				provision of law, and provide a written statement to the board attesting that
				notice has been provided.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A10.
				to
				17A18A.
				regarding contested case hearings shall apply to any petition for a waiver
				filed within a contested case, and shall otherwise apply to agency proceedings
				for a waiver only when the board so provides by rule or order or is required to
				do so by statute.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and duration
				of the waiver if one is issued.
(1)
Board discretion.
The final decision on whether the
			 circumstances justify the granting of a waiver shall be made at the sole
			 discretion of the board, upon consideration of all relevant factors. Each
			 petition for a waiver shall be evaluated by the board based on the unique,
			 individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
			 convincing evidence that the board should exercise its discretion to grant a
			 waiver from a board rule.
(3)
Narrowly tailored.
A waiver, if granted, shall provide the
			 narrowest exception possible to the provisions of a rule.
(4)
Administrative
			 deadlines.
When the rule from which a waiver is sought establishes
			 administrative deadlines, the board shall balance the special individual
			 circumstances of the petitioner with the overall goal of uniform treatment of
			 all similarly situated persons.
(5)
Conditions.
The board may place any condition on a waiver that
			 the board finds desirable to protect the public health, safety, and
			 welfare.
(6)
Time period of
			 waiver.
A waiver shall not be permanent unless the petitioner can show
			 that a temporary waiver would be impracticable. If a temporary waiver is
			 granted, there is no automatic right to renewal. At the sole discretion of the
			 board, a waiver may be renewed if the board finds that grounds for a waiver
			 continue to exist.
(7)
Time
			 for ruling.
The board shall grant or deny a petition for a waiver as
			 soon as practicable but, in any event, shall do so within 120 days of its
			 receipt, unless the petitioner agrees to a later date. However, if a petition
			 is filed in a contested case, the board shall grant or deny the petition no
			 later than the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied.
Failure of the board to grant or deny a petition within the
			 required time period shall be deemed a denial of that petition by the board.
			 However, the board shall remain responsible for issuing an order denying a
			 waiver.
(9)
Service of
			 order.
Within seven days of its issuance, any order issued under this
			 chapter shall be transmitted to the petitioner or the person to whom the order
			 pertains, and to any other person entitled to such notice by any provision of
			 law.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 18 - Waivers or Variances From Administrative Rules › Rule 645-18.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				indexed, filed, and available for public inspection as provided in Iowa Code
				section
				17A3..
				Petitions for a waiver and orders granting or denying a waiver petition are
				public records under Iowa Code chapter 22. Some petitions or orders may contain
				information the board is authorized or required to keep confidential. The board
				may accordingly redact confidential information from petitions or orders prior
				to public inspection.