reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 102 - Continuing Education for Funeral Directors › Rule 645-102.5 - Automatic Exemption

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee shall be exempt from the continuing education
				  requirement during the license biennium when that person:
1. Served honorably on active duty in the
				military service; or
2. Was a
				government employee working in the licensee's specialty and assigned to duty
				outside the United States; or
3.
				Was absent from the state but engaged in active practice under circumstances
				which are approved by the board.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 104 - Disciplinary Proceedings › Rule 645-104.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means the board of mortuary
				  science.
"Discipline"
means any sanction the board
				  may impose upon licensees.
"Licensee"
means an individual licensed
				  pursuant to Iowa Code section
				  156.4 to practice as a funeral
				  director in Iowa and a person issued an establishment license pursuant to Iowa
				  Code section 156.14 to establish, conduct, or
				  maintain a funeral establishment or cremation establishment in
				  Iowa.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 104 - Disciplinary Proceedings › Rule 645-104.2 - Disciplinary Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The board is empowered to administer Iowa Code chapters 17A,
				  147, 156, and 272C and related administrative rules for the protection and
				  well-being of those persons who may rely upon licensed individuals and
				  establishments for the performance of mortuary science services within this
				  state or for clients in this state. To perform these functions, the board is
				  broadly vested with authority to review and investigate alleged acts or
				  omissions of licensees, to determine whether disciplinary proceedings are
				  warranted, to initiate and prosecute disciplinary proceedings, to establish
				  standards of professional conduct, and to impose discipline pursuant to Iowa
				  Code sections 17A.13,
				  147.55,
				  272C.3 to
				  272C.6 and
				  272C.10 and chapter
				  156.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 104 - Disciplinary Proceedings › Rule 645-104.3 - Grounds for Discipline Against Funeral Directors

Current through Register Vol. 47, No. 3, July 24, 2024
The board may initiate disciplinary action against a licensed
				  funeral director based on Iowa Code section
				  156.9 and any of the following
				  grounds:
(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 representation of a material fact,
				whether by word or by conduct, by false or misleading allegation, 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 or certificate or affidavit
				or identification or qualification in making an application for a license in
				this state.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 104 - Disciplinary Proceedings › Rule 645-104.4 - Grounds for Discipline Against Funeral Establishments and Cremation Establishments

Current through Register Vol. 47, No. 3, July 24, 2024
The board may initiate disciplinary action against a funeral
				  establishment or cremation establishment, at time of license application or
				  thereafter, based on all grounds set forth in Iowa Code section
				  156.15, summarized as
				  follows:
(1) The licensee or applicant
				has been convicted of a felony or any crime related to the practice of mortuary
				science or implicating the establishment's ability to safely perform mortuary
				science services, or if the applicant is an association, joint stock company,
				partnership, or corporation, the managing officer or owner has been convicted
				of such a crime under the laws of this state, another state, or the United
				States.
(2) The licensee or
				applicant, or any owner or employee of the establishment has violated Iowa Code
				chapter 156, rule 645-104.3(17A,147,156,272C), or any other rule promulgated by
				the board.
(3) The licensee or
				applicant knowingly aided, assisted, procured, or allowed a person to
				unlawfully practice mortuary science.
(4) The licensee or applicant failed to
				engage in or ceased to engage in the business described in the application for
				licensure.
(5) The licensee or
				applicant failed to keep and maintain records as required by Iowa Code chapter
				156 or rules promulgated by the board.
(6) The licensee or owner of the
				establishment has violated the smokefree air Act, Iowa Code chapter
				142D.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 104 - Disciplinary Proceedings › Rule 645-104.5 - Method of Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board has the authority to impose the following
				  disciplinary sanctions:
1. Revoke a
				license.
2. Suspend a license until
				further order of the board or for a specific period.
3. Prohibit permanently, until further order
				of the board, or for a specific period, the licensee's engaging in specified
				procedures, methods, or acts.
4.
				Place a licensee on probation and impose such conditions as the board may
				reasonably impose, including but not limited to requiring periodic reporting to
				the board designated features of the licensee's practice of mortuary
				science.
5. Require additional
				education or training. The board may specify that a designated amount of
				continuing education be taken in specific subjects and may specify the time
				period for completing these courses. The board may also specify whether that
				continuing education be in addition to the continuing education routinely
				required for license renewal. The board may also specify that additional
				continuing education be a condition for the termination of any suspension or
				reinstatement of a license.
6.
				Require a reexamination.
7. Order a
				physical or mental evaluation, or order alcohol and drug screening within a
				time specified by the board.
8.
				Impose civil penalties not to exceed $1,000 against an individual licensed as a
				funeral director, or not to exceed $10,000 against a licensed funeral
				establishment or cremation establishment. Civil penalties may be imposed for
				any of the disciplinary violations specified in rules
				645-104.3(17A,147,156,272C) and
				645-104.4 (17A,147,156,272C), as
				applicable.
9. Issue a citation and
				warning, or reprimand.
10. Refuse
				to issue or renew a license.
11.
				Such other sanctions allowed by law as may be appropriate.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 104 - Disciplinary Proceedings › Rule 645-104.6 - Board Discretion in Imposing Disciplinary Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
Factors the board will consider when determining the nature
				  and severity of the disciplinary sanction to be imposed, including whether to
				  assess and the amount of civil penalties, include:
1. The relative serious nature of the
				violation as it relates to ensuring a high standard of professional care to the
				citizens of this state.
2. Whether
				the amount of a civil penalty will be a substantial deterrent to the
				violation.
3. The circumstances
				leading to the violation.
4. The
				risk of harm to the public.
5. The
				economic benefits gained by the licensee as a result of the
				violation.
6. The interest of the
				public.
7. Evidence of reform or
				remedial action.
8. Time lapsed
				since the violation occurred.
9.
				Whether the violation is a repeat offense following a prior cautionary letter,
				disciplinary order, or other notice of the nature of the infraction.
10. The clarity of the issues
				involved.
11. Whether the violation
				was willful and intentional.
12.
				Whether the nonlicensee acted in bad faith.
13. The extent to which the licensee
				cooperated with the board.
14.
				Whether a licensee holding an inactive, suspended, restricted or revoked
				license engaged in practices which require licensure.
15. Any extenuating factors or other
				countervailing considerations.
16.
				Number and seriousness of prior violations or complaints.
17. 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 › Funeral Directors › Chapter 104 - Disciplinary Proceedings › Rule 645-104.8 - Informal Discussion

Current through Register Vol. 47, No. 3, July 24, 2024
If the board considers it advisable, or if requested by the
				  affected licensee, the board may grant the licensee an opportunity to appear
				  before the board or a committee of the board for a voluntary informal
				  discussion of the facts and circumstances of an alleged violation. The licensee
				  may be represented by legal counsel at the informal discussion. The licensee is
				  not required to attend the informal discussion. By electing to attend, the
				  licensee waives the right to seek disqualification, based upon personal
				  investigation of a board or staff member, from participating in making a
				  contested case decision or acting as a presiding officer in a later contested
				  case proceeding. Because an informal discussion constitutes a part of the
				  board's investigation of a pending disciplinary case, the facts discussed at
				  the informal discussion may be considered by the board in the event the matter
				  proceeds to a contested case hearing and those facts are independently
				  introduced into evidence. The board may seek a consent order at the time of the
				  informal discussion. If the parties agree to a consent order, a statement of
				  charges shall be filed simultaneously with the consent order.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 105 - Enforcement Proceedings Against Nonlicensees › Rule 645-105.1 - Civil Penalties Against Nonlicensees

Current through Register Vol. 47, No. 3, July 24, 2024
The board may impose civil penalties by order against a
				  person who is not licensed by the board based on the unlawful practices
				  specified in Iowa Code section
				  156.16. In addition to the
				  procedures set forth in Iowa Code section
				  156.16, this chapter will
				  apply.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 105 - Enforcement Proceedings Against Nonlicensees › Rule 645-105.2 - Unlawful Practices

Current through Register Vol. 47, No. 3, July 24, 2024
Practices by unlicensed persons or establishments that are
				  subject to civil penalties include but are not limited to:
1. Acts or practices by unlicensed persons
				that require licensure as a funeral director under Iowa Code chapter
				156.
2. Acts or practices by
				unlicensed establishments that require licensure as a funeral establishment or
				cremation establishment under Iowa Code chapter 156.
3. Use of the words "funeral director,"
				"mortician," or other title in a manner that states or implies that the person
				is engaged in the practice of mortuary science as defined in Iowa Code chapter
				156.
4. Use or attempted use of a
				licensee's certificate or an expired, suspended, revoked, or nonexistent
				certificate.
5. Falsely
				impersonating a licensed funeral director.
6. Providing false or forged evidence of any
				kind to the board in obtaining or attempting to obtain a license.
7. Other violations of Iowa Code chapter
				156.
8. Knowingly aiding or
				abetting an unlicensed person or establishment in any activity identified in
				this rule.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 105 - Enforcement Proceedings Against Nonlicensees › Rule 645-105.3 - Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
The board is authorized by Iowa Code sections
				  17A.13(1)  and
				  156.16 to conduct such
				  investigations as are needed to determine whether grounds exist to impose civil
				  penalties against a nonlicensee. Such investigations will conform to the
				  procedures outlined in this chapter. Complaint and investigatory files
				  concerning nonlicensees are not confidential except as may be provided in Iowa
				  Code chapter 22.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 105 - Enforcement Proceedings Against Nonlicensees › Rule 645-105.4 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				  17A.13(1)  and
				  156.16, the board is authorized
				  in connection with an investigation of an unlicensed person or establishment to
				  issue subpoenas to compel persons to testify and to compel persons to produce
				  books, papers, records and any other real evidence, whether or not privileged
				  or confidential under law, that the board deems necessary as evidence in
				  connection with the civil penalty proceeding or relevant to the decision of
				  whether to initiate a civil penalty proceeding. Board procedures concerning
				  investigative subpoenas are set forth in rule
				  645-9.5
				  (17A,272C).
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 105 - Enforcement Proceedings Against Nonlicensees › Rule 645-105.5 - Notice of Intent to Impose Civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
The notice of the board's intent to issue an order to require
				  compliance with Iowa Code chapter 156 and to impose a civil penalty will be
				  served upon the nonlicensee by restricted certified mail, return receipt
				  requested, or personal service in accordance with Iowa R. Civ. P. 1.305.
				  Alternatively, the nonlicensee may accept service personally or through
				  authorized counsel. The notice will include the following:
1. A statement of the legal authority and
				jurisdiction under which the proposed civil penalty would be imposed.
2. Reference to the particular sections of
				the statutes and rules involved.
3.
				A short, plain statement of the alleged unlawful practices.
4. The dollar amount of the proposed civil
				penalty and the nature of the intended order to require compliance with Iowa
				Code chapter 156.
5. Notice of the
				nonlicensee's right to a hearing and the time frame in which hearing must be
				requested.
6. The address to which
				written request for hearing must be made.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 105 - Enforcement Proceedings Against Nonlicensees › Rule 645-105.6 - Requests for Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Nonlicensees
				must request a hearing within 30 days of the date the notice is received if
				served through restricted certified mail, or within 30 days of the date of
				service if service is accepted or made in accordance with Iowa R. Civ. P.
				1.305. A request for hearing must be in writing and is deemed made on the date
				of the nonmetered United States Postal Service postmark or the date of personal
				service.
(2) If a request for
				hearing is not timely made, the board chairperson or the chairperson's designee
				may issue an order imposing the civil penalty and requiring compliance with
				Iowa Code chapter 156, as described in the notice. The order may be mailed by
				regular first-class mail or served in the same manner as the notice of intent
				to impose civil penalty.
(3) If a
				request for hearing is timely made, the board will issue a notice of hearing
				and conduct a contested case hearing in the same manner as applicable to
				disciplinary cases against licensees.
(4) A nonlicensed person who fails to timely
				request a contested case hearing will have failed to exhaust "adequate
				administrative remedies" as that term is used in Iowa Code section
				17A.19(1).
(5) A nonlicensed person
				who is aggrieved or adversely affected by the board's final decision following
				a contested case hearing may seek judicial review as provided in Iowa Code
				section 17A.19.
(6) A nonlicensee may waive the right to
				hearing and all attendant rights and enter into a consent order imposing a
				civil penalty and requiring compliance with Iowa Code chapter 156 at any stage
				of the proceeding upon mutual consent of the board.
(7) The notice of intent to issue an order
				and the order are public records available for inspection and copying in
				accordance with Iowa Code chapter 22. Copies may be published as provided in
				rule 645-11.30 (272C). Hearings will
				be open to the public.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 105 - Enforcement Proceedings Against Nonlicensees › Rule 645-105.7 - Factors to Consider

Current through Register Vol. 47, No. 3, July 24, 2024
The board may consider the following when determining the
				  amount of civil penalty to impose, if any:
1. Whether the amount imposed will be a
				substantial economic deterrent to the violation.
2. The circumstances leading to the
				violation.
3. The severity of the
				violation and the risk of harm to the public.
4. The economic benefits gained by the
				violator as a result of noncompliance.
5. The interest of the public.
6. The time lapsed since the unlawful
				practice occurred.
7. Evidence of
				reform or remedial actions.
8.
				Whether the violation is a repeat offense following a prior warning letter or
				other notice of the nature of the infraction.
9. Whether the violation involved an element
				of deception.
10. Whether the
				unlawful practice violated a prior order of the board, court order, cease and
				desist agreement, consent order, or similar document.
11. The clarity of the issue
				involved.
12. Whether the violation
				was willful and intentional.
13.
				Whether the nonlicensee acted in bad faith.
14. Whether the nonlicensee cooperated with
				the board.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 105 - Enforcement Proceedings Against Nonlicensees › Rule 645-105.8 - Enforcement Options

Current through Register Vol. 47, No. 3, July 24, 2024
In addition, or as an alternative, to the administrative
				  process described in these rules, the board may seek an injunction in district
				  court, refer the matter for criminal prosecution, or enter into a consent
				  agreement as provided in Iowa Code section
				  156.16.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Funeral Directors › Chapter 106 - Adoption of Uniform and Model Rules › Rule 645-106.1 - Board of Mortuary Science Adoption of Uniform and Model Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The board hereby adopts by reference the following:
(1) to (9) Reserved.
(10) Model rules for licensee review
				committee, 481-Chapter 505.
This rule is intended to implement Iowa Code chapter
				  272C.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of these rules, the following definitions
				  apply:
"Active license"
means a license that is
				  current and has not expired.
"Board"
means the board of hearing aid
				  specialists.
"Dispense"
or
"sell"
means
				  a transfer of title or of the right to use by lease, bailment, or any other
				  means, but excludes a wholesale transaction with a distributor or hearing aid
				  specialist, and excludes the temporary, charitable loan or educational loan of
				  a hearing aid without remuneration.
"Grace period"
means the 30-day period
				  following expiration of a license when the license is still considered to be
				  active.
"Hearing aid specialist"
means any person
				  engaged in the fitting, dispensing and sale of hearing aids and providing
				  hearing aid services or maintenance by means of procedures stipulated by Iowa
				  Code chapter 154A or the board. These rules are not intended to regulate
				  unlicensed people who sell, dispense, market, use, distribute, or provide
				  customer support to over-the-counter hearing aids, as regulated by the U.S.
				  food and drug administration.
"Inactive license"
means a license that has
				  expired because it was not renewed by the end of the grace period.
"License"
means a license issued by the
				  state to a hearing aid specialist.
"Licensee"
means any person licensed to
				  practice as a hearing aid specialist in the state of Iowa.
"Licensure by endorsement"
means the
				  issuance of an Iowa license to practice as a hearing aid specialist to an
				  applicant who is or has been licensed in another state.
"National examination"
means the
				  standardized licensing examination of the International Hearing Society (IHS)
				  or its successor organization.
"Reactivate"
or
"reactivation"
means the process as outlined in rule
				  645-121.14 (17A,147,272C) by
				  which an inactive license is restored to active status.
"Reinstatement"
means the process as
				  outlined in rule 645-11.31 (272C). Once the
				  license is reinstated, the licensee may apply for active status.
"Temporary permit"
means a permit issued
				  while the applicant is in training to become a licensed hearing aid
				  specialist.
"Trainee"
means the holder of a temporary
				  permit.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.2 - Temporary Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The applicant
				will submit a completed online application and pay the nonrefundable licensure
				fee specified in rule
				645-5.7 (147,154A). The
				application will be accompanied by a statement from the employer, which
				includes the following information:
a. The
				type of supervision to be provided to the trainee;
b. A list of the subjects to be
				covered;
c. The books and other
				training materials to be used for training; and
d. An outline of the training program to
				prepare the trainee for examination.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.3 - Supervision Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				supervisor(s) of temporary permit holders will:
a. Have a current hearing aid specialist
				license valid for the preceding 24 months;
b. Have two years of actual experience in
				testing, fitting, and dispensing of hearing aids;
c. Supervise no more than three trainees at
				the same time;
d. Be responsible
				for training the temporary permit holder;
e. For the first 90 days, provide a minimum
				of 20 hours of direct supervision;
f. Provide direct supervision for any client
				activity that would require dispensing of hearing aids, including evaluation,
				selection, fitting or selling of hearing aids in the first 90 days;
g. Evaluate the audiograms and determine
				which hearing aid and ear mold will best compensate for hearing loss;
h. Cosign all audiometric evaluations and
				contracts processed by the trainee for the duration of the temporary
				permit;
i. Submit, on a
				board-approved form, a supervision report for trainees prior to taking the
				board-approved examination. A supervision report is required each time the
				temporary permit holder submits a request to take the examination;
				and
j. Notify the board within 15
				days of the termination of the holder of a temporary permit.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.4 - Requirements for Initial Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria applies to licensure:
(1) The applicant will submit a completed
				online application and pay the nonrefundable licensure fee specified in rule
				645-5.7(147,154A).
(2) The
				applicant will provide verification of passing one of the following
				examinations:
a. The national examination
				through the International Hearing Society. The applicant may not take the
				national test through IHS more than six times without board approval.
b. The Praxis Examination in audiology
				through the Educational Testing Service.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.5 - Licensure by Endorsement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applicants who
				have been a licensed hearing aid specialist under the laws of another
				jurisdiction may apply for licensure by endorsement by submitting the
				following:
a. Verification the applicant meets
				the requirements of rule
				645-121.4 (154A);
b. Evidence of licensure requirements that
				are similar to those required in Iowa;
c. Official verification of one of the
				following:
(1) A passing score on the national
				examination determined by the International Hearing Society;
(2) A passing score on an examination that
				the board determines is equivalent to the national examination; or
(3) Current certification from the National
				Board for Certification in Hearing Instrument Sciences; and
d. Evidence of:
(1) Completing a minimum of 32 continuing
				education hours within the 24 months prior to application; or
(2) Continuing education certificates that
				verify that the minimum hours of continuing education required by a state(s) in
				which the licensee is currently licensed have been met.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.7 - License Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The biennial
				license renewal period for a hearing aid specialist license will begin on
				January 1 of each odd-numbered year and end on December 31 of the next
				even-numbered year. The licensee is responsible for renewing the license prior
				to its expiration.
(2) A licensee
				applying for renewal will:
a. Meet the
				continuing education requirements of rule
				645-122.2 (154A) and the
				mandatory reporting requirements of subrule 121.9(4). A licensee whose license
				was reactivated during the current renewal compliance period may use continuing
				education credit earned during the compliance period for the first renewal
				following reactivation; and
b.
				Submit the completed renewal application and renewal fee before the license
				expiration date.
An individual who was issued a license within six months of
				  the license renewal date will not be required to renew the license until the
				  next renewal two years later.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.8 - License Reactivation

Current through Register Vol. 47, No. 3, July 24, 2024
To apply for reactivation of an inactive license, a licensee
				  will:
(1) Submit a completed online
				reactivation application and payment of the nonrefundable application
				fee.
(2) Provide verification of
				current competence to practice as a hearing aid specialist by satisfying one of
				the following criteria:
a. If the license has
				been on inactive status for five years or less, an applicant will provide the
				following:
(1) Verification of the license(s)
				from the jurisdiction in which the applicant has most recently been licensed
				showing the licensee's name, date of initial licensure, current licensure
				status and any disciplinary action taken against the license; and
(2) Verification of completion of 24 hours of
				continuing education within two years of application for
				reactivation.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.9 - License Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee whose license has been revoked, suspended, or
				  voluntarily surrendered must apply for and receive board-approved reinstatement
				  of the license and must apply for and be granted reactivation of the license
				  prior to practicing as a hearing aid specialist in this
				  state.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.14 - License Reactivation

Current through Register Vol. 47, No. 3, July 24, 2024
To apply for reactivation of an inactive license, a licensee
				  shall:
(1) Submit a reactivation
				application on a form provided by the board.
(2) Pay the reactivation fee that is due as
				specified in 645-subrule 5.7(6).
(3) Provide verification of current
				competence to practice as a hearing aid specialist by satisfying one of the
				following criteria:
a. If the license has
				been on inactive status for five years or less, an applicant must provide the
				following:
(1) Verification of the license(s)
				from every jurisdiction in which the applicant is or has been licensed and is
				or has been practicing during the time period the Iowa license was inactive,
				sent directly from the jurisdiction(s) to the board office. Web-based
				verification may be substituted for verification from a jurisdiction's board
				office if the verification includes:
1.
				Licensee's name;
2. Date of initial
				licensure;
3. Current licensure
				status; and
4. Any disciplinary
				action taken against the license; and
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 121 - Licensure of Hearing Aid Specialists › Rule 645-121.15 - License Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee whose license has been revoked, suspended, or
				  voluntarily surrendered must apply for and receive reinstatement of the license
				  in accordance with
				  645-1131. (272C)
				  and must apply for and be granted reactivation of the license in accordance
				  with
				  645-12114.
				  (17A,147,272C) prior to practicing as a hearing aid specialist in this
				  state.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 122 - Continuing Education for Hearing Aid Specialists › Rule 645-122.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions
				  will apply:
"Active license"
means a license that is
				  current and has not expired.
"Approved program/activity"
means a
				  continuing education program/activity meeting the standards set forth in these
				  rules.
"Audit"
means the selection of licensees for
				  verification of satisfactory completion of continuing education requirements
				  during a specified time period.
"Continuing education"
means planned,
				  organized learning acts designed to maintain, improve, or expand a licensee's
				  knowledge and skills in order for the licensee to develop new knowledge and
				  skills relevant to the enhancement of practice, education, or theory
				  development to improve the safety and welfare of the public.
"Hour of continuing education"
means at
				  least 50 minutes spent by a licensee in actual attendance at and completion of
				  an approved continuing education activity.
"Inactive license"
means a license that has
				  expired because it was not renewed by the end of the grace period.
"Independent study"
means a
				  subject/program/activity that a person pursues autonomously that meets
				  standards for approval criteria in the rules.
"License"
means a license issued by the
				  state to a hearing aid specialist.
"Licensee"
means any person licensed to
				  practice as a hearing aid specialist in the state of Iowa.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 122 - Continuing Education for Hearing Aid Specialists › Rule 645-122.2 - Continuing Education Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The biennial
				continuing education compliance period extends for a two-year period beginning
				on January 1 of each odd-numbered year and ending on December 31 of the next
				even-numbered year. Each biennium, each person who is licensed to practice as a
				hearing aid specialist in this state is required to complete a minimum of 24
				hours of continuing education. A minimum of two hours will be in the content
				areas of Iowa hearing aid specialist law and rules, or ethics. Continuing
				education hours cannot be carried over to the next biennium.
(2) Those persons licensed for the first time
				shall not be required to complete continuing education as a prerequisite for
				the first renewal of their licenses. Continuing education hours acquired
				anytime from the initial licensing until the second license renewal may be
				used.
(3) Hours of continuing
				education credit may be obtained by attending and participating in a continuing
				education activity.
(4) The
				licensee is responsible for the cost of continuing education.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 122 - Continuing Education for Hearing Aid Specialists › Rule 645-122.3 - Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General
				criteria.
A continuing education activity that meets all of the
				following criteria is appropriate for continuing education credit if the
				continuing education activity:
a. Is an
				organized program of learning fundamental to the practice of the profession
				that contributes directly to the professional competency of the
				licensee;
b. Is conducted by
				individuals who have specialized education, training and experience in the
				subject matter of the program;
c.
				Fulfills stated program goals, objectives, or both; and
d. Provides proof of attendance including:
(1) Date, place, course title,
				presenter(s);
(2) Number of program
				contact hours; and
(3) Certificate
				of completion or evidence of successful completion of the course provided by
				the course sponsor.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 123 - Practice of Hearing Aid Dispensing › Rule 645-123.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of these rules, the following definitions
				  apply:
"Health history"
means a series of questions
				  pertaining to all of the following: client hearing needs and expectations,
				  communication issues, otological conditions, medications, and previous
				  amplification.
"Hearing aid fitting"
means any of the
				  following: the measurement of human hearing by any means for the purpose of
				  selections, adaptations, and sales of hearing aids, and the instruction and
				  counseling pertaining thereto, and demonstration of techniques in the use of
				  hearing aids, and the making of earmold impressions as part of the fitting of
				  hearing aids.
"Sales receipt"
means a written record that
				  is provided to a person who purchases a hearing aid. The sales receipt must be
				  in compliance with these rules and be signed by the purchaser and the licensed
				  hearing aid specialist. The requirements for the sales receipt may be found in
				  rule 645-123.3
				  (154A).
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 123 - Practice of Hearing Aid Dispensing › Rule 645-123.2 - Requirements Prior to Sale of a Hearing Aid

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
				otherwise stated in these rules, no hearing aid shall be sold to an individual
				18 years of age or older unless the individual:
a. Provides a health history to a licensed
				hearing aid specialist;
b. Presents
				a physician statement verifying that a medical evaluation, preferably by a
				physician specializing in diseases of the ear, has been done within the
				previous six months and stating the individual's hearing loss, and that the
				individual may benefit from a hearing aid. In lieu of this requirement, the
				individual may verify in writing that the individual has been advised to obtain
				a medical evaluation by a licensed physician specializing in diseases of the
				ear, or if no such licensed physician is available in the community, then a
				duly licensed physician, and that the individual chooses to waive said
				evaluation; and
c. Is given a
				hearing examination that utilizes appropriate established procedures and
				instrumentation for the measurement of hearing and the fitting of hearing aids
				and that includes but is not limited to an assessment of the following: air
				conduction, bone conduction, masking capability, speech reception thresholds,
				speech discrimination, uncomfortable loudness levels (UCL), and most
				comfortable levels (MCL).
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 123 - Practice of Hearing Aid Dispensing › Rule 645-123.3 - Requirements for Sales Receipt

Current through Register Vol. 47, No. 3, July 24, 2024
Upon sale of a hearing aid device, the licensee shall provide
				  to the person a sales receipt, which will include the following:
1. Licensee's signature.
2. Licensee's business address.
3. Licensee's license number.
4. Client signature and address.
5. Make, model, and serial number of the
				hearing aid furnished.
6. Statement
				to the effect that the aid or aids delivered to the purchaser are used or
				reconditioned, if that is the fact.
7. Full terms of sale, including:
* The date of sale;
* Specific warranty terms, including whether any extended
				  warranty is available through the manufacturer;
* Specific return policy; and
* Whether any trial period is available.
8. The following statement in type no smaller
				than the largest used in the body copy portion of the receipt: "The purchaser
				has been advised that any examination or representation made by a licensed
				hearing aid specialist in connection with the fitting or selection and selling
				of this hearing aid is not an examination, diagnosis, or prescription by a
				person licensed to practice medicine in this state and therefore, must not be
				regarded as medical opinion or advice."
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 123 - Practice of Hearing Aid Dispensing › Rule 645-123.4 - Requirements for Recordkeeping

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee shall keep and maintain records in the licensee's
				  office or place of business at all times, and each such record shall be kept
				  and maintained for a seven-year period.
(1) The records for each person will include:
a. A complete record of each test performed
				and the results of the test.
b. A
				copy of any written recommendations.
c. A copy of medical clearances or
				waivers.
d. A copy of the written
				sales receipt.
e. A copy of terms
				of sale, including any warranty. A record of any adjustments or services
				provided on the hearing aid device, including whether such services were
				provided under warranty or other agreement.
f. A notation that the client consented,
				either verbally or in writing, to a service or services provided through a
				telehealth appointment, if applicable.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 123 - Practice of Hearing Aid Dispensing › Rule 645-123.5 - Telehealth Appointments

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee may conduct a telehealth appointment so long as
				  the services are provided in accordance with this rule.
(1) A "telehealth appointment" is one wherein
				the licensee provides testing or adjustment services to a client using
				technology where the hearing aid specialist and the client are not at the same
				physical location during the appointment.
(2) Conducting a telehealth appointment with
				a client who is physically located in Iowa during the appointment, regardless
				of the location of the hearing aid specialist, requires Iowa
				licensure.
(3) When conducting a
				telehealth appointment, a licensee will utilize technology that is secure,
				HIPAA-compliant (Health Insurance Portability and Accountability Act of 1996,
				PL 104"191, August 21, 1996, 110 Stat 1936), and that includes, at a minimum,
				audio and video equipment that allows for two-way, real-time interactive
				communication between the licensee and the client. The licensee may use
				non-real-time technologies to prepare for an appointment or to communicate with
				clients between appointments.
(4) A
				licensee who conducts a telehealth appointment will be held to the same
				standard of care as a licensee who provides in-person services. A licensee will
				not utilize a telehealth appointment if the standard of care for the particular
				service cannot be met using telehealth technology.
(5) Prior to the first telehealth appointment
				with a client, the licensee will obtain informed consent from the client that
				is specific to the service or services that will be provided in the telehealth
				appointment. The informed consent will specifically inform the client of, at a
				minimum, the following:
a. The risks and
				limitations of the use of technology to the specific service;
b. The potential for unauthorized access to
				protected health information; and
c. The potential for disruption of technology
				during a telehealth appointment.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 124 - Discipline for Hearing Aid Specialists › Rule 645-124.1 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board may impose any of the disciplinary sanctions
				  provided in rule 645-124.3 (154A,272C) when the
				  board determines that the licensee is guilty of any of the following acts or
				  offenses or those listed in 645-Chapter 13:
(1) Failure to comply with the current Code
				of Ethics of the International Hearing Society (2023). The board hereby adopts
				by reference the current Code of Ethics of the International Hearing Society,
				available at
www.ihsinfo.org
.
(2) Advertising that hearing testing or
				hearing screening is a medical examination used to diagnose or refer.
(3) Except in cases of selling replacement
				hearing aids of the same make or model within one year of the original sale, a
				hearing aid will not be sold without adequate diagnostic testing and evaluation
				using established procedures to assess hearing needs as defined in 645-Chapter
				123. Testing equipment will be calibrated to current standards at least
				annually or more often if necessary. The distributor will keep with the testing
				equipment a certificate indicating the date of calibration.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 124 - Discipline for Hearing Aid Specialists › Rule 645-124.2 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board may impose any of the disciplinary sanctions
				  provided in rule 645-124.3 (154A,272C) when the
				  board determines that the licensee is guilty of any of the following acts or
				  offenses:
(1) Failure to comply with
				the current Code of Ethics of the International Hearing Society. The board
				hereby adopts by reference the current Code of Ethics of the International
				Hearing Society, available at
www.ihsinfo.org
.
(2) Fraud in procuring a license. Fraud in
				procuring a license includes, but is not limited to, the following:
a. An intentional perversion of the truth in
				making application for a license to practice in this state;
b. 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
c.
				Attempting to file or filing with the board or the department of public health
				any false or forged diploma or certificate or affidavit or identification or
				qualification in making an application for a license in this state.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 124 - Discipline for Hearing Aid Specialists › Rule 645-124.3 - Method of Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board has the authority to impose the following
				  disciplinary sanctions:
1. Revocation
				of license.
2. Suspension of
				license until further order of the board or for a specific period.
3. Prohibit permanently, until further order
				of the board, or for a specific period the licensee's engaging in specified
				procedures, methods, or acts.
4.
				Probation.
5. Require additional
				education or training.
6. Require a
				reexamination.
7. Order a physical
				or mental evaluation, or order alcohol and drug screening within a time
				specified by the board.
8. Impose
				civil penalties not to exceed $1000.
9. Issue a citation and warning.
10. Such other sanctions allowed by law as
				may be appropriate.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Hearing Aid Specialists › Chapter 124 - Discipline for Hearing Aid Specialists › Rule 645-124.4 - 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 a high standard of
				professional care for the citizens of this state;
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; and
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 › Hearing Aid Specialists › Chapter 125 - Adoption of Uniform and Model Rules › Rule 645-125.1 - Board of Hearing Aid Specialists Adoption of Uniform and Model Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The board hereby adopts by reference the following:
(1) to (9) Reserved.
(10) Model rules for licensee review
				committee, 481-Chapter 505.
This rule is intended to implement Iowa Code chapter
				  272C.