reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.34 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person
				whose license has been revoked or suspended by the board may apply to the board
				for reinstatement in accordance with the terms of the order of revocation or
				suspension.
(2) If the order of
				revocation or suspension did not establish terms upon which reinstatement might
				occur, or if the license was voluntarily surrendered pursuant to disciplinary
				action, an initial application for reinstatement may not be made until one year
				has elapsed from the date of the final order.
(3) All proceedings for reinstatement shall
				be initiated by the respondent, who shall file with the board an application
				for the reinstatement of the license. All proceedings upon the petition for
				reinstatement shall be subject to the same rules of procedure as other
				disciplinary matters before the board.
(4) An application for reinstatement shall
				allege facts which, if established, will be sufficient to enable the board to
				determine that the basis for the revocation or suspension 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 shall be on the respondent.
(5) An application for reinstatement may
				include a request for a hearing on the issues raised on the application or any
				other information furnished to the board. The hearing on an application for
				reinstatement shall be a contested case proceeding within the meaning of Iowa
				Code section
				17A.2(2).
(6) The order to grant or deny reinstatement
				shall include findings of fact and conclusions of law. If reinstatement is
				granted, terms and conditions of licensure may be imposed. Such terms and
				conditions may include restrictions on the licensee's practice. This order will
				be published as provided for in rule 650-51.33 (153).
(7) A person whose license to practice
				dentistry or dental hygiene was revoked or suspended must successfully complete
				the examination required at the time of reinstatement for dental or dental
				hygiene licensure. The board may in its discretion require remedial training in
				addition to or in lieu of the examination requirements.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.35 - Disciplinary Hearings-fees and Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Fees. The fees related to a formal
				disciplinary action filed by the board are specified in 650-Chapter
				15.
(2) Failure of a licensee,
				registrant or permit holder to pay the fees and costs assessed in 650-Chapter
				15 in the time specified in the board's final disciplinary order shall
				constitute a violation of a lawful order of the board.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 52 - Military Service and Veteran Reciprocity › Rule 650-52.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"License"
or
"licensure"
means any license, registration, certificate or permit that may be granted by
				  the board.
"Military service"
means honorably serving
				  on federal active duty, state active duty, or national guard duty, as defined
				  in Iowa Code section 29A.1; in the military services of other states, as
				  provided in  10 U.S.C. Section 101(c); or in the organized reserves of the
				  United States, as provided in  10 U.S.C. Section 10101.
"Military service applicant"
means an
				  individual who is requesting credit toward licensure or registration for
				  military education, training, or service obtained or completed in military
				  service.
"Reciprocity"
means the process by which an
				  individual licensed in another jurisdiction becomes licensed in Iowa and may
				  also be referred to in other board rules as "licensure by credentials."
"Spouse"
means a spouse of an active duty
				  member of the military forces of the United States.
"Veteran"
means an individual who meets the
				  definition of "veteran" in Iowa Code section 35.1(2).
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 1 - Administrative and Regulatory Authority › Rule 653-1.2 - Purpose of Board

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the board is to administer and enforce the
				provisions of Iowa Code chapters 147, 148, 148E, and 272C with regard to the
				practice of medicine and surgery, osteopathic medicine and surgery, and
				acupuncture, including, but not limited to, the examination of applicants;
				determining the eligibility of applicants for licensure by examination or
				endorsement; the granting of permanent, temporary, resident or special licenses
				to physicians; determining the ineligibility of physicians to provide
				supervision to physician assistants; the investigation of violations or alleged
				violations of statutes and rules relating to the practice of medicine and
				surgery, osteopathic medicine and surgery, and acupuncture; the imposition of
				discipline upon licensees as provided by statute or rule; and the operation of
				a licensee review committee for the purpose of evaluating and monitoring
				licensees who are impaired as a result of alcohol or drug abuse, dependency, or
				addiction, or by any mental or physical disorder or disability and who
				self-report or who are referred by the board to the
				committee.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 1 - Administrative and Regulatory Authority › Rule 653-1.4 - Official Communications

Current through Register Vol. 47, No. 3, July 24, 2024
All official communications, including submissions and
				requests, should be addressed to the Executive Director, Iowa Board of
				Medicine, 400 S.W. 8th Street, Suite C, Des Moines, Iowa
				50309-4686.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 1 - Administrative and Regulatory Authority › Rule 653-1.6 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall meet at least six times per year. Dates and
				location of board meetings may be obtained from the board's office or on the
				board's Web site at
www.medicalboard.iowa.gov
.
Except as otherwise provided by statute, all board meetings
				shall be open, and the public shall be permitted to attend the
				meetings.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 1 - Administrative and Regulatory Authority › Rule 653-1.7 - Petition to Promulgate, Amend or Repeal a Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An interested person or other legal
			 entity may petition the board requesting the promulgation, amendment or repeal
			 of a rule.
(2) The petition shall
			 be in writing, signed by or on behalf of the petitioner and contain a detailed
			 statement of:
a. The rule that the petitioner
			 is requesting the board to promulgate, amend or repeal. The petitioner shall
			 indicate deletions to the current rule with brackets and additions to the
			 current rule with underlining.
b.
			 Facts in sufficient detail to show the reasons for the proposed
			 action.
c. All propositions of law
			 to be asserted by petitioner.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 1 - Administrative and Regulatory Authority › Rule 653-1.8 - Public Hearings Prior to the Adoption, Amendment or Repeal of Any Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scheduling a public hearing.
The board may at its discretion
			 hold a public hearing, or it shall hold a public hearing upon the written
			 request of at least 25 interested persons, a governmental subdivision, an
			 agency, or an association of 25 persons.
a. If
			 the board chooses to hold a public hearing, it will announce the date, time,
			 and location in the Iowa Administrative Bulletin.
b. If the board has not scheduled a public
			 hearing and a person or an organization wishes to request one, a written
			 request for a public hearing shall be received by the executive director within
			 20 days after the notice of intended action has been published.
(1) The executive director shall schedule a
			 public hearing if the request(s) meets the requirements of this rule.
(2) The executive director shall set the
			 date, time, and location of the public hearing.
(3) The individual or organization requesting
			 the public hearing shall be notified of the date, time, and location of the
			 public hearing by certified mail.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 1 - Administrative and Regulatory Authority › Rule 653-1.9 - Declaratory Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petition for declaratory order.
Any person may file a petition
			 with the board of medicine for a declaratory order as to the applicability to
			 specified circumstances of a statute, rule, or order within the primary
			 jurisdiction of the board. A petition is deemed filed when it is received by
			 the board office. The board shall provide the petitioner with a file-stamped
			 copy of the petition if the petitioner provides the board office with an extra
			 copy for this purpose. The petition must be typewritten or legibly handwritten
			 in ink and must substantially conform to the following form:
Click here to
				view Image
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by 1.9(7).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative, and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 1 - Administrative and Regulatory Authority › Rule 653-1.10 - Selling of Goods or Services by Members of the Board or Iowa Physician Health Committee (IPHC)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application of the rule.
The board members and members of the
			 IPHC shall not sell, either directly or indirectly, any goods or services to
			 individuals, associations, or corporations that are subject to the regulatory
			 authority of the department except as authorized by this rule.
(2)
Consent.
Consent shall
			 be given by a majority of the members of the board. Consent shall not be given
			 to an official to sell goods or services to an individual, association, or
			 corporation regulated by the department unless all of the following conditions
			 are met:
a. The official requesting consent
			 does not have authority to determine whether consent should be given.
b. The official's duties or functions are not
			 related to the department's regulatory authority over the individual,
			 association or corporation to whom the goods and services are being sold, or
			 the selling of the good or service does not affect the official's duties or
			 functions.
c. The selling of the
			 good or service does not include acting as an advocate on behalf of the
			 individual, association, or corporation to the department.
d. The selling of the good or service does
			 not result in the official's selling a good or service to the department on
			 behalf of the individual, association, or corporation.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In
			 lieu of the words "insert agency head", insert "Iowa Board of Medicine" and in
			 lieu of "insert agency name and address", insert "Iowa Board of Medicine, 400
			 S.W. 8th Street, Suite C, Des Moines, Iowa 50309-4686".
(2)
Office hours.
In lieu of
			 "insert customary office hours and if agency does not have customary office
			 hours of at least thirty hours per week, insert hours specified in Iowa Code
			 section
			 22.4) ",
			 insert "the agency's regular business hours, Monday through Friday from 8 a.m.
			 to 4:30 p.m., excluding legal holidays".
(7)
Fees.
c.
Search and supervisory
			 fees.
An hourly fee may be charged for actual agency expenses in
			 supervising the examination and copying of requested records when the
			 supervision time required is in excess of one-quarter hour. The custodian shall
			 prominently post in agency offices the hourly fees to be charged for
			 supervision of records during the examination and copying. That hourly fee
			 shall not be in excess of the hourly wage of an agency employee who ordinarily
			 would be appropriate and suitable to perform this supervisory function.
If the request requires research or if the record or records
				cannot reasonably be readily retrieved by the office, the requester will be
				advised of this fact. Reasonable search fees may be charged where appropriate.
				In addition, all costs for retrieval and copying of information stored in
				electronic storage systems may be charged to the requester.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "designate office" insert the words "Iowa
				Board of Medicine, 400 S.W. 8th Street, Suite C, Des Moines, Iowa
				50309-4686".
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
Insert at the end of the model rule the following new
				sentence. "This section does not allow the subject of a record which is
				confidential under Iowa Code section
				272C.6(4)
				 to consent to its
				release."
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in subrule 2.10(1) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record, provided that the record
			 is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of an individual if a notice of the disclosure is transmitted
			 to the last-known address of the subject.
e. To the legislative services
			 agency.
f. Disclosures in the
			 course of employee disciplinary proceedings.
g. In response to a court order or
			 subpoena.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects, for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 investigators, members, and agents of the agency who have a need for the record
			 in the performance of their duties. The custodian of the record may, upon
			 request of any officer, employee, investigator, member, or agent, or on the
			 custodian's own initiative, determine what constitutes legitimate need to use
			 confidential records.
b. Disclosure
			 of information indicating an apparent violation of the law to appropriate law
			 enforcement authorities for investigation and possible criminal prosecution,
			 civil court action, or regulatory order.
c. Disclosure to the department of
			 inspections and appeals for matters in which it is performing services or
			 functions on behalf of the agency.
d. Disclosure to the attorney general's
			 office for use in performing its official function.
e. Transfers of information within the agency
			 office and among board members; to other state agencies, boards, and
			 departments; to federal agencies; to agencies in other states; Federation of
			 State Medical Boards of the United States, Inc., American Medical Association,
			 American Osteopathic Association, Iowa Medical Society, Iowa Osteopathic
			 Medical Association; Educational Commission for Foreign Medical Graduates; Iowa
			 Physician Assistant Society; Physician's Assistant Advisory Committee; approved
			 Advanced Care Training facilities; or to local units of government as
			 appropriate to carry out the agency's statutory authority.
f. Information released to the staff of
			 federal or state entities for audit purposes or for purposes of determining
			 whether the agency is operating a program lawfully.
g. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
h. Transmittal to the district court of the
			 record in a disciplinary hearing, pursuant to Iowa Code section
			 17A.19(6),
			 regardless of whether the hearing was open or closed.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to board disclosure of confidential records as provided in
			 rule 2.7(17A,22).
(2)
Complaints to public officials. A
letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may
			 to the extent permitted by law be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the matter.
			 This rule does not allow the subject of a record which is confidential under
			 Iowa Code section
			 272C.6(4)
			  to consent to its release.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
The subject of a confidential record may file a written request
				to review confidential records about that person as provided in rule
				653-2.6
				(17A,22). However, the agency need not release the following records to the
				subject:
1. The identity of a person
			 providing information to the agency need not be disclosed directly or
			 indirectly to the subject of the information when the information is authorized
			 to be held confidential pursuant to Iowa Code sections
			 22.7(18)
			  and
			 272C.6(4)
			  or other provision of law.
2. All information in licensee complaint and
			 investigation files maintained by the agency for purposes of licensee
			 discipline are required to be withheld from the subject prior to the filing of
			 formal charges and the notice of hearing in a licensee disciplinary
			 proceeding.
3. Records need not be
			 disclosed to the subject when they are the work product of an attorney or are
			 otherwise privileged.
4. Peace
			 officers' investigative reports may be withheld from the subject, except as
			 required by the Iowa Code.
5. As
			 otherwise authorized by law.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by the
				agency by personal identifier in record systems as defined in rule 2.1(17A,22).
				For each record system, this rule describes the legal authority for the
				collection of that information and the means of storage of that information.
				The description also indicates whether the record system contains any
				confidential information, and includes the legal authority for confidentiality.
				The records systems maintained by the agency are:
(1)
Records of agency disciplinary
			 hearings.
These records contain information about licensees and
			 certificants who are the subject of an agency disciplinary proceeding or other
			 action. This information is collected by the agency pursuant to the authority
			 granted in Iowa Code chapters 147, 147A, 148, 148C, and 272C. This information
			 is stored electronically and on paper. The information contained in "records of
			 closed" board hearings is confidential in whole or in part pursuant to Iowa
			 Code sections
			 21.5(4)
			  and
			 272C.6
			 or other provisions of the law.
(2)
Information in complaint and investigation files maintained by the
			 agency for purposes of licensee discipline.
This information is
			 required to be kept confidential pursuant to Iowa Code section
			 272C.6(4).
			 However, it may be released to the licensee once a disciplinary proceeding is
			 commenced by the filing of formal charges and the notice of hearing.
(3)
Information on nonlicensee
			 investigation files maintained by the agency.
This information is a
			 public record except to the extent that certain information may be exempt from
			 disclosure under Iowa Code section
			 22.7 or other
			 provision of the law.
(4)
Licensee disciplinary proceedings.
The following information
			 regarding licensee disciplinary proceedings:
a. Formal charges and notices of
			 hearing.
b. Completed records of
			 open disciplinary hearings. If a hearing is closed pursuant to Iowa Code
			 section
			 272C.6(1),
			 the record is confidential under Iowa Code section
			 21.5(4)
			  or
			 272C.6.
c. Final written decisions imposing
			 sanctions, including informal stipulations and settlements; or dismissing the
			 charges, in whole or in part.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems as defined in rule
				653-2.1 (17A,22).
				These records are routinely available to the public. The agency's files of
				these records may contain confidential information as discussed in rule
				653-2.13
				(17A,22). These records may contain information about individuals. These
				records include:
(1)
Agency
			 calendars, agenda, news releases, statistical reports and compilations,
			 newsletters, publications, correspondence, and other information intended for
			 the public.
These records may contain information about individuals,
			 including board members and staff. This information is stored on paper
			 only.
(2)
Minutes of open
			 meetings of the agency.
These records contain information about people
			 who participate in board meetings. This information is collected pursuant to
			 Iowa Code section
			 21.3.
			 This information is stored electronically and on paper.
(3)
Records of board rule-making
			 proceedings.
These records may contain information about individuals
			 making written or oral comments on rules proposed by the agency. This
			 information is collected pursuant to Iowa Code section
			 17A.4.
			 This information is stored electronically and on paper.
(4)
Board decisions, findings of
			 fact, final orders, advisory opinions, and other statements of law, policy, or
			 declaratory rulings issued by the agency in the performance of its
			 function.
These records are open to the public except for information
			 that is confidential according to rule
			 653-2.13
			 (17A,22). This information is stored on paper and on microfilm.
(5)
Other records.
The
			 agency maintains other records which do not generally contain information
			 pertaining to individuals. These records are routinely open to the public.
			 These records include but are not limited to:
a. Financial reports pertaining to the
			 agency's budget including its revenue and expenses. This information is stored
			 electronically and on paper.
b.
			 Blank forms utilized by the agency and its staff in the performance of its
			 function. This information is stored on paper only.
c. Grant proposals and applications submitted
			 by, on behalf of, or in conjunction with the agency for the purpose of
			 performing the agency's function or furthering its goals and objectives. This
			 information is stored on paper only.
d. A record inventory of all categories of
			 information and records maintained by or on behalf of the board. This inventory
			 is stored on paper only.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.16 - Data Processing System

Current through Register Vol. 47, No. 3, July 24, 2024
The agency does not currently have a data processing system
				which matches, collates, or permits the comparison of personally identifiable
				information in one record system with personally identifiable information in
				another record system.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This chapter
			 implements Iowa Code section
			 22.11
			 by establishing agency policies and procedures for the maintenance of
			 records.
(2) This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier.
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by rules of another board or agency.
4. Apply to guarantees, including local
			 governments or subdivisions thereof, administering state-funded
			 programs.
5. Make available records
			 compiled by the agency in reasonable anticipation of court litigation or formal
			 administrative disciplinary proceedings. The availability of such records to
			 the general public or to any subject individual or party to such litigation or
			 proceedings shall be governed by applicable constitutional principles,
			 statutes, rules of discovery, evidentiary privileges, and applicable rules of
			 the agency.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a "waiver" means an 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.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.2 - 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 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.3 - Applicability of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The board may grant a waiver from a rule only 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 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				653-3.6(17A, 147, 148), 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 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.5 - 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.
(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.
(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 executive director.
(4)
File petition.
A
			 petition is deemed filed when it is received in the board office. A petition
			 should be sent to the Iowa Board of Medicine, 400 S.W. 8th Street, Suite C, Des
			 Moines, Iowa 50309-4686. The petition must conform to the form specified in
			 rule 3.17(17A,147,148).
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.6 - 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 whom a waiver is being requested, and the case number
			 of or other reference to any related contested case; and the name, address, and
			 telephone number of the petitioner's legal representative, if any.
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 rule 3.4(17A,147,148). 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 formal charges filed, notices of violation,
			 contested case hearings, or investigations relating to the regulated activity
			 or license within the past five years.
6. Any information known to the requester
			 regarding the board's action in 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 who 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 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.7 - 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 executive director, a committee of the board, or a quorum of the
				board.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge a petition upon receipt. The board
				shall ensure that all persons to whom notice is required by any provision of
				law, including the petitioner, receive notice within 30 days of the receipt of
				the petition, that the petition is pending and a concise summary of its
				contents. 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 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10
				to
				17A.18A
				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 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.10 - 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 on a waiver any condition 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 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.11 - 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
				17A.3.
				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.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.12 - Summary Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Semiannually, the board shall prepare a summary report
				identifying the rules for which a waiver has been granted or denied, the number
				of times a waiver was granted or denied for each rule, a citation to the
				statutory provisions implemented by these rules, and a general summary of the
				reasons justifying the board's actions on waiver requests. If practicable, the
				report shall detail the extent to which the granting of a waiver has affected
				the general applicability of the rule itself. Copies of this report shall be
				available for public inspection and shall be provided semiannually to the
				administrative rules coordinator and the administrative rules review
				committee.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				board issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
			 the public health, safety and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with all conditions contained in the
			 order.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
				a violation of the particular rule for which the waiver was granted. As a
				result, the recipient of a waiver under this chapter who violates a condition
				of the waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order
				is a defense within its terms and the specific facts indicated therein only for
				the person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 3 - Waivers › Rule 653-3.17 - Sample Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver filed in accordance with this chapter
				must meet the requirements specified herein and must substantially conform to
				the following form:
Click here to
				view Image
1. Provide the
			 name, address, and telephone number of the petitioner (person asking for a
			 waiver). Also, the name, address, and telephone number of the petitioner's
			 legal representative, if applicable, and a statement indicating the person to
			 whom communications concerning the petition should be directed.
2. Describe and cite the specific rule from
			 which a waiver is requested.
3.
			 Describe the specific waiver requested, including the precise scope and time
			 period for which the waiver will extend.
4. Explain the relevant facts and reasons
			 that the petitioner believes justify a waiver. Include in your answer all of
			 the following:
a. Why applying the rule would
			 result in undue hardship to the petitioner;
b. Why waiving the rule would not prejudice
			 the substantial legal rights of any person;
c. Whether the provisions of the rule subject
			 to the waiver are specifically mandated by statute or another provision of law;
			 and
d. How 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 653 - Medicine Board › Chapter 8 - Fees › Rule 653-8.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means the Iowa board of
				medicine.
"Online transaction fee "
means a fee of $7
				assessed by the board for completing an online purchase. The online transaction
				fee is in addition to the actual service provided.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 8 - Fees › Rule 653-8.2 - Application and Licensure Fees for Acupuncturists

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Licensure provisions for
			 acupuncturists.
For licensure provisions for acupuncturists, see
			 653-Chapter 17, "Licensure of Acupuncturists."
(2)
Fees for acupuncturists.
The following fees apply to licensure for acupuncturists.
a. Initial application fee for licensure as
			 an acupuncturist, $300.
b.
			 Reactivation of application for licensure, $100.
c. Renewal fee for licensure as an
			 acupuncturist, $300.
d. Upon
			 written request and payment of the designated fee, the board shall provide the
			 following information about the status of an acupuncturist's license or
			 acupuncturist's past registration:
(1)
			 Certified statement that verifies the status of licensure or past registration
			 in Iowa that requires the board seal or a letter of good standing,
			 $25.
(2) Verification of the status
			 of licensure or past registration in Iowa that does not require a certified
			 statement or letter, $20.
e. Fee for the evaluation of the fingerprint
			 packet and the DCI and FBI criminal history background checks, $45.
f. Fee for reinstatement of an acupuncture
			 license, $400.
g. Penalty for
			 failure to renew before expiration, $50.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 8 - Fees › Rule 653-8.3 - Interstate Medical Licensure Compact (IMLC)

Current through Register Vol. 47, No. 3, July 24, 2024
Provisions for the interstate medical licensure compact are
				located in 653-Chapter 9, "Permanent and Administrative Medicine Physician
				Licensure." The following fees shall apply to the compact.
(1)
Service fee for an application
			 for an LMLC letter of qualification.
The service fee, described in
			 Chapter 3 of the rules of the interstate medical licensure compact commission,
			 is paid directly to the interstate medical licensure compact commission. The
			 interstate commission retains a portion of this service fee and remits a
			 portion of this service fee to the board. The service fee paid to the
			 interstate commission includes the $45 fee for the evaluation of the
			 fingerprint packet and the criminal history background checks by the Iowa
			 division of criminal investigation (DCI) and the Federal Bureau of
			 Investigation (FBI).
(2)
Licensure fee for an Lowa license issued through the LMLC.
The
			 licensure fee is paid directly to the interstate medical licensure compact
			 commission. An applicant shall pay a licensure fee of $450 plus a service fee
			 retained by the interstate commission.
(3)
Licensure fee for renewal of
			 active Lowa license issued through the LMLC.
The licensure fee is paid
			 directly to the interstate medical licensure compact commission. The licensee
			 shall pay the licensure fee described in 8.4(1)
"c"
(1) plus a
			 service fee retained by the interstate commission. If the license is not
			 renewed prior to expiration, the licensee will incur a penalty as described in
			 8.4(1)
"d. "