reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.20 - Issuance of Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subpoenas issued in a contested case may
			 compel the attendance of witnesses at deposition or hearing and may compel the
			 production of books, papers, records, and other real evidence. A command to
			 produce evidence or to permit inspection may be joined with a command to appear
			 at deposition or hearing or may be issued separately. Subpoenas shall be issued
			 by the executive director or designee upon a written request that complies with
			 the requirements of this rule. A request for a subpoena of mental health
			 records must confirm that the conditions described in subrule 20.20(3) have
			 been satisfied prior to the issuance of the subpoena. The executive director or
			 designee may refuse to issue a subpoena if the request does not comply with the
			 requirements of this rule.
(2) A
			 request for a subpoena shall include the following information, as applicable,
			 unless the subpoena is requested to compel testimony or documents for rebuttal
			 or impeachment purposes:
a. The name, address
			 and telephone number of the person requesting the subpoena;
b. The name and address of the person to whom
			 the subpoena shall be directed;
c.
			 The date, time and location at which the person shall be commanded to attend
			 and give testimony;
d. Whether the
			 testimony is requested in connection with a deposition or hearing;
e. A description of the books, papers,
			 records or other real evidence requested and the date, time and location for
			 production or inspection and copying; and
f. In the case of a subpoena request for
			 mental health records, confirmation that the conditions described in subrule
			 20.20(3) have been satisfied.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.21 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. Prehearing motions must be in writing, state the
			 grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 amotion within 10 days after the motion is served, unless the time period is
			 lengthened or shortened by rules of the board or the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing must be
			 filed and served at least 10 days prior to the date of hearing unless there is
			 good cause for permitting later action or the time for such action is
			 lengthened or shortened by rule of the board or the presiding
			 officer.
(5) Dispositive motions,
			 such as motions for summary judgment or motions to dismiss, must be filed with
			 the board and served on all parties to the contested case proceeding at least
			 30 days prior to the scheduled hearing date, unless otherwise ordered or
			 permitted by the presiding officer. Any party may file a written response to a
			 dispositive motion within 10 days after the motion is served, unless the time
			 for response is otherwise lengthened or shortened by the presiding
			 officer.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.22 - Prehearing Conferences

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. Prehearing conferences shall be
			 conducted by the executive director, who may request that an administrative law
			 judge conduct the prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the executive director's
			 own motion shall be filed not less than 7 days prior to the hearing date,
			 unless authorized by the person conducting the prehearing conference. A
			 prehearing conference shall be scheduled not less than 3 business days prior to
			 the hearing date.
(2) Each party
			 shall be prepared to discuss the following subjects at the prehearing
			 conference:
a. Submission of expert and other
			 witness lists. Witness lists may be amended subsequent to the prehearing
			 conference within the time limits established by the executive director or
			 administrative law judge at the prehearing conference. Any such amendments must
			 be served on all parties. Witnesses not listed on the final witness list may be
			 excluded from testifying unless there was good cause for the failure to include
			 their names.
b. Submission of
			 exhibit lists. Exhibit lists may be amended subsequent to the prehearing
			 conference within the time limits established by the executive director or
			 administrative law judge at the prehearing conference. Other than rebuttal
			 exhibits, exhibits that are not listed on the final exhibit list may be
			 excluded from admission into evidence unless there was good cause for the
			 failure to include them.
c. The
			 entry of a scheduling order to include deadlines for completion of
			 discovery.
d. Stipulations of law
			 or fact.
e. Stipulations on the
			 admissibility of exhibits.
f.
			 Identification of matters which the parties intend to request be officially
			 noticed.
g. Consideration of any
			 additional matters which will expedite the hearing.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.23 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, requests for continuance shall be
				filed with the board.
(1) A written
			 request for a continuance shall:
a. Be made at
			 the earliest possible time and no less than 7 days before the hearing except in
			 cases of unanticipated emergencies;
b. State the specific reasons for the
			 request; and
c. Be signed by the
			 requesting party or the party's attorney.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.24 - Settlement Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 contested case may be resolved by settlement agreement. Settlement negotiations
			 may be initiated by any party at any stage of a contested case. No party is
			 required to participate in the settlement process.
(2) If the respondent initiates or consents
			 to settlement negotiations, the assistant attorney general prosecuting the case
			 may discuss settlement with the board chair without violating the prohibition
			 against ex parte communications in Iowa Code section 17A. 17 and without
			 disqualifying the board chair from participating in the adjudication of the
			 contested case. The full board shall not be involved in settlement negotiations
			 until a proposed settlement agreement executed by the respondent is submitted
			 to the board for approval.
(3) By
			 signing the proposed settlement agreement, the respondent authorizes an
			 assistant attorney general to have ex parte communications with the board
			 related to the terms of the proposed settlement. If the board fails to approve
			 the proposed settlement agreement, it shall be of no force or effect to either
			 party and shall not be admissible at hearing. Upon rejecting a proposed
			 settlement agreement, the board may suggest alternative terms of settlement,
			 which the respondent is free to accept or reject.
(4) A settlement agreement is a permanent
			 public record open for inspection under Iowa Code chapter 22.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.25 - Hearing Procedures in Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding officer shall be in control
			 of the proceedings and shall have the authority to administer oaths and to
			 admit or exclude testimony or evidence and shall rule on all motions and
			 objections. The board may request that an administrative law judge assist the
			 board by performing any of these functions.
(2) When, in the opinion of the board, it is
			 desirable to obtain specialists within an area of practice when holding
			 disciplinary hearings, the board may appoint a panel of three specialists who
			 are not board members to make findings of fact and to report to the board. Such
			 findings shall not include any recommendation for or against licensee
			 discipline.
(3) An applicant or
			 respondent has the right to participate or to be represented in all hearings
			 related to the applicant's or respondent's case. Any applicant or respondent
			 may be represented by an attorney at the party's own expense.
(4) All objections shall be timely made and
			 stated on the record.
(5) Subject
			 to terms prescribed by the presiding officer, parties have the right to
			 introduce evidence on issues of material fact, cross-examine witnesses present
			 at the hearing as necessary for a full and true disclosure of the facts,
			 present evidence in rebuttal, submit briefs, and engage in oral
			 argument.
(6) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(7) All rulings by an administrative law
			 judge who acts either as presiding officer or as an aid to the board are
			 subject to appeal to the board. While a party may seek immediate board review
			 of rulings made by an administrative law judge when the administrative law
			 judge is sitting with and acting as an aid to the board or panel of specialists
			 during a hearing, such immediate review is not required to preserve error for
			 judicial review.
(8) Conduct of
			 hearing. The presiding officer shall conduct the hearing in the following
			 manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or affirmed by the presiding officer or the court reporter and be subject
			 to examination and cross-examination. The board members and administrative law
			 judge have the right to question a witness. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final arguments.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.26 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1).
General.
a. Relevant
			 evidence is admissible, subject to the discretion of the presiding officer.
			 Irrelevant, immaterial and unduly repetitious evidence should be excluded. A
			 finding will be based upon the kind of evidence on which reasonably prudent
			 persons are accustomed to rely for the conduct of their serious affairs, and
			 may be based on hearsay or other types of evidence which may or would be
			 inadmissible in a jury trial.
b.
			 The presiding officer shall rule on admissibility of evidence and may, where
			 appropriate, take official notice of facts in accordance with all applicable
			 requirements of law.
c. Stipulation
			 of facts is encouraged. The presiding officer may make a decision based on
			 stipulated facts.
d. Evidence in
			 the proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
e. Any party may object to
			 specific evidence or may request limits on the scope of any examination or
			 cross-examination. Such an objection shall be accompanied by a brief statement
			 of the grounds upon which it is based. The objection, the ruling on the
			 objection, and the reasons for the ruling shall be noted in the record. The
			 presiding officer may rule on the objection at the time it is made or may
			 reserve a ruling until the written decision.
f. Whenever evidence is ruled inadmissible,
			 the party offering that evidence may submit an offer of proof on the record.
			 The party making the offer of proof for excluded oral testimony shall briefly
			 summarize the testimony or, with permission of the presiding officer, present
			 the testimony. If the excluded evidence consists of a document or exhibit, it
			 shall be marked as part of an offer of proof and inserted in the
			 record.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.27 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear or participate in a contested case proceeding after proper
			 service of notice, the presiding officer may, if no adjournment is granted,
			 enter a default decision or proceed with the hearing and render a decision in
			 the absence of the party.
(2) Where
			 appropriate and not contrary to law, any party may move for default against a
			 party who has requested the contested case proceeding and has failed to file a
			 required pleading or has failed to appear after proper service.
(3) Default decisions or decisions rendered
			 on the merits after a party has failed to appear or participate in a contested
			 case proceeding become final agency action unless, within 15 days after the
			 date of notification or mailing of the decision, a motion to vacate is filed
			 and served on all parties or an appeal of a decision on the merits is timely
			 initiated within the time provided by rule 655-20.30 (17A,272C). A motion to
			 vacate must state all facts relied upon by the moving party which establish
			 that good cause existed for that party's failure to appear or participate at
			 the contested case proceeding. Each fact so stated must be substantiated by at
			 least one sworn affidavit from a person with personal knowledge of each such
			 fact. The affidavit(s) must be attached to the motion.
(4) The time for further appeal of a decision
			 for which a timely motion to vacate has been filed is stayed pending a decision
			 on the motion to vacate.
(5)
			 Properly substantiated and timely filed motions to vacate shall be granted only
			 for good cause shown. The burden of proof as to good cause is on the moving
			 party. Adverse parties shall have 10 days to respond to amotion to vacate.
			 Adverse parties shall be allowed to conduct discovery as to the issue of good
			 cause and to present evidence on the issue prior to a decision on the motion,
			 if a request to do so is included in that party's response.
(6) "Good cause" for purposes of this rule
			 shall have the same meaning as "good cause" for setting aside a default
			 judgment under Iowa Rule of Civil Procedure 1.971.
(7) A decision by an administrative law judge
			 granting or denying a motion to vacate is subject to appeal to the board within
			 20 days.
(8) If a motion to vacate
			 is granted and no timely appeal to the board has been filed, the presiding
			 officer shall issue a rescheduling order setting a new hearing date and the
			 contested case shall proceed accordingly.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.29 - Recording

Current through Register Vol. 47, No. 3, July 24, 2024
Contested case hearings shall be recorded by electronic means
				or by a certified shorthand reporter. A party may request that a hearing be
				recorded by a certified shorthand reporter instead of through electronic means
				by filing a request with the board at least 14 days in advance of the hearing.
				Parties who request that a hearing be recorded by a certified shorthand
				reporter rather than by electronic means shall bear the cost of the certified
				shorthand reporter. Upon request, the board shall provide a copy of the whole
				or any portion of the record at cost. The cost of preparing a copy of the
				record or of transcribing the hearing record shall be paid by the requesting
				party. If the request for the hearing record is made as a result of a petition
				for judicial review, the party who filed the petition shall be considered the
				requesting party.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.30 - Proposed Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
Decisions issued by an administrative law judge in
				nondisciplinary cases are proposed decisions. A proposed decision issued by an
				administrative law judge becomes a final decision if not timely appealed or
				reviewed in accordance with this rule.
(1)
Appeal by party.
Any
			 adversely affected party may appeal a proposed decision to the board within 30
			 days after issuance of the proposed decision.
(2)
Review.
The board may
			 initiate review of a proposed decision on its own motion at any time within 30
			 days following the issuance of such a decision.
(3)
Exhaustion.
A party must
			 timely seek intra-agency appeal of a proposed decision in order to adequately
			 exhaust administrative remedies.
(4)
Notice of appeal.
An
			 appeal of a proposed decision is initiated by filing a timely notice of appeal
			 with the board. The notice of appeal must be signed by the appealing party or
			 an attorney for that party and contain a certificate of service. The notice
			 shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order which is being appealed;
c.
			 The specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.31 - Final Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A final
			 decision of the board shall include findings of fact and conclusions of law.
			 When the board presides over the reception of the evidence at the hearing, its
			 decision is a final decision.
(2)
			 The board may charge a fee to the licensee not to exceed $75 for conducting a
			 disciplinary hearing which results in disciplinary action taken against the
			 licensee by the board.
(3) Final
			 decisions shall be served on the respondent or applicant using one of the
			 following methods:
a. Personal service, as
			 provided in the Iowa Rules of Civil Procedure, or
b. Certified mail, return receipt requested,
			 or
c. Signed acknowledgment
			 accepting service, or
d. When
			 service cannot be accomplished using the above methods:
(1) An affidavit shall be prepared outlining
			 the measures taken to attempt service; and
(2) The final decision shall be published
			 once each week for three consecutive weeks in a newspaper of general
			 circulation, published or circulated in the county of last-known residence of
			 the respondent.
e. If
			 the respondent or applicant is represented by an attorney, the final decision
			 shall be mailed to the attorney. The attorney may waive the requirement to
			 serve the respondent or applicant through a written acknowledgment that the
			 attorney is accepting service on behalf of the client. The state shall be
			 served by first-class mail or state interoffice mail.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.32 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who may file.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order.
(2)
Content of application.
An application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the board decision on the existing record and whether, upon showing
			 good cause, the applicant requests an opportunity to submit additional
			 evidence. A party may request the taking of additional evidence after the
			 issuance of a final order only by establishing that:
a. The evidence is material; and
b. The evidence arose after the completion of
			 the original hearing; or
c. Good
			 cause exists for failure to present the evidence at the original hearing;
			 and
d. The party has not waived the
			 right to present additional evidence.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.33 - Stays of Agency Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
Any party to a contested case proceeding may
			 petition the board for a stay of an order issued in that proceeding or for
			 other temporary remedies, pending review by the board or pending judicial
			 review. The petition shall state the reasons justifying a stay or other
			 temporary remedy. The petition must be filed within 30 days of the issuance of
			 the final order, or if a party filed a request for rehearing that was denied,
			 the petition must be filed within 30 days after the request for rehearing was
			 denied or deemed denied.
(2)
When granted.
The board shall not grant a stay in any case in
			 which the district court would be expressly prohibited by statute from granting
			 a stay. In determining whether to grant a stay, the presiding officer shall
			 consider the following factors:
a. The extent
			 to which the applicant is likely to prevail when the board or court finally
			 disposes of the matter;
b. The
			 extent to which the applicant will suffer irreparable injury if relief is not
			 granted;
c. The extent to which the
			 grant of relief to the applicant will substantially harm other parties to the
			 proceedings;
d. The extent to which
			 the public interest relied on by the board is sufficient to justify the board's
			 action in the circumstances.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.34 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.35 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare, the board may issue a written order
			 in compliance with Iowa Code section 17A. 18 to suspend a license in whole or
			 in part, order the cessation of any continuing activity, order affirmative
			 action, or take other action within the jurisdiction of the agency by emergency
			 adjudicative order. Before issuing an emergency adjudicative order, the board
			 shall consider factors including, but not limited to, the following:
a. Whether there has been a sufficient
			 factual investigation to ensure that the agency is proceeding on the basis of
			 reliable information;
b. Whether
			 the specific circumstances which pose immediate danger to the public health,
			 safety or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency adjudicative order may continue to engage
			 in other activities without posing immediate danger to the public health,
			 safety or welfare;
d. Whether
			 imposition of monitoring requirements or other interim safeguards would be
			 sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the agency is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.37 - Dissemination of Public Records

Current through Register Vol. 47, No. 3, July 24, 2024
All documents identified in this chapter as permanent public
				records open for inspection under Iowa Code chapter22 are reported to
				NURSYS® and national databanks in accordance
				with applicable reporting requirements. In addition, these documents may be
				posted on the board's Web site, published in the board's newsletter,
				distributed to national or state associations, transmitted to mailing lists or
				news media, issued in conjunction with a press release, or otherwise
				disseminated.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 1 - Purpose and Organization › Rule 657-1.1 - Board Mission

Current through Register Vol. 47, No. 3, July 24, 2024
The board of pharmacy promotes, preserves, and protects the
				public health, safety, and welfare by fostering the provision of pharmaceutical
				care to all Iowans through the effective regulation of the practice of
				pharmacy, the operation of pharmacies, the appropriate utilization of pharmacy
				technicians and pharmacy support persons, the distribution of prescription
				drugs and devices, and the education and training of
				pharmacists.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 1 - Purpose and Organization › Rule 657-1.2 - Description and Organization of Board

Current through Register Vol. 47, No. 3, July 24, 2024
The board is comprised of five pharmacist members, one
				certified pharmacy technician member, and two representatives of the general
				public, all appointed by the governor. An administrative staff headed by a
				board-appointed executive director assists board members.
The board's authority for regulating the practice of pharmacy
				and the legal distribution and dispensing of prescription drugs and devices and
				of precursor substances in the state of Iowa is found in Iowa Code chapters
				124, 124B, 126, 147, 155A, 205, and 272C.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 1 - Purpose and Organization › Rule 657-1.3 - Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
The responsibilities of the board include but are not limited
				to:
1. Licensing of qualified
			 applicants for the practice of pharmacy, by examination, renewal, and
			 reciprocity under the provisions of Iowa Code chapters 147 and 155A.
2. Administering a continuing education
			 program to ensure continued competency of individuals licensed by the board to
			 practice pharmacy. Authority for this function comes from Iowa Code chapter
			 272C.
3. Regulating the legal
			 distribution of prescription drugs through the licensing of pharmacies,
			 wholesale distributors, limited distributors, outsourcing facilities, and
			 third-party logistics providers under the authority of Iowa Code chapter
			 155A.
4. Regulating the legal
			 distribution of controlled substances through the registration of authorized
			 persons and entities engaged in the manufacture and distribution of controlled
			 substances throughout the state under the authority of Iowa Code chapter
			 124.
5. Registering
			 pharmacist-interns and administering an internship program to prepare
			 individuals for the practice of pharmacy pursuant to the authority of Iowa Code
			 chapter 155 A.
6. Registering
			 pharmacy technicians assisting in the technical functions of the practice of
			 pharmacy pursuant to the authority of Iowa Code chapter 155A.
7. Performing compliance investigations and
			 audits of all persons or entities registered pursuant to Iowa Code chapter 124
			 and compliance inspections and investigations of any persons or entities
			 licensed or registered pursuant to Iowa Code chapter 155A. These investigations
			 and audits are conducted to ensure accountability for all controlled substances
			 and to ensure compliance with laws regulating the practice of pharmacy and the
			 distribution of prescription drugs and devices in Iowa.
8. Regulating the legal distribution of
			 precursor substances through the issuance of permits to vendors and recipients
			 of precursor substances throughout the state under the authority of Iowa Code
			 chapter 124B.
9. Instituting
			 disciplinary actions, hearing contested cases, issuing decisions and orders,
			 and enforcing the terms of disciplinary orders filed against licensees,
			 registrants, or permit holders for grounds provided in Iowa Code sections
			 124.303,
			 124.304,
			 124B.12,
			 147.55,
			 155A.6,
			 155A.6A,
			 155A.6B,
			 155A.12,
			 155A.13,
			 155A.13A,
			 155A.15,
			 155A.17,
			 155A.17A,
			 and
			 155A.42
			 as appropriate.
10. Registering
			 pharmacy support persons assisting in the nontechnical functions of the
			 practice of pharmacy pursuant to the authority of Iowa Code chapter
			 155A.
11. Registering pharmacists
			 in charge of nonresident pharmacies pursuant to the authority of Iowa Code
			 chapter 155A.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 1 - Purpose and Organization › Rule 657-1.4 - Submission of Complaints and Requests

Current through Register Vol. 47, No. 3, July 24, 2024
Members of the general public may obtain information or submit
				requests or complaints relative to the practice of pharmacy, continuing
				education for pharmacists, the legal distribution and dispensing of
				prescription drugs, or any other matters relating to the function and authority
				of the board. Correspondence should be submitted to the Executive Director,
				Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa
				50309-4688. Communication may also be submitted via the board's website at
				pharmacy.iowa.gov.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 1 - Purpose and Organization › Rule 657-1.5 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
All meetings of the board shall be open and public, and all
				members of the public shall be permitted to attend any meeting unless Iowa Code
				section
				21.5 or another
				provision of law authorizes a closed session. Closed session shall only be by
				affirmative public vote of either two-thirds of the members of the board or all
				of the members present at the meeting.
(1)
Where held.
Meetings of
			 the board shall be held in Des Moines, Iowa, except as designated otherwise by
			 the chairperson.
(2)
Meeting schedule and public notice.
The board shall set the
			 dates of its meetings at the first meeting following May 1 of each fiscal year.
			 Notices of meetings shall be routinely posted in the space set aside for that
			 purpose in the office of the board and on the board's website at
			 pharmacy.iowa.gov. Members of the general public may obtain the dates, times,
			 and locations of board meetings by submitting a request to the Executive
			 Director, Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa
			 50309-4688, or by accessing the board's website.
(3)
Special meetings.
Special meetings of the board may be called by the chairperson or upon written
			 request of four of its members.
a. The reason
			 for calling a special meeting shall be recorded in the minutes.
b. Special meetings shall be open to the
			 public except as otherwise provided by statute.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 1 - Purpose and Organization › Rule 657-1.6 - Fee for Returned Check

Current through Register Vol. 47, No. 3, July 24, 2024
A nonrefundable fee of $20 may be charged for a check returned
				for any reason. If a license, registration, or permit has been issued by the
				board based on a check for the payment of fees and the check is later returned
				by the bank, the board shall request payment by certified check, cashier's
				check, or money order. If the fees, including the fee for a returned check, are
				not paid within 15 calendar days of notification of the returned check, the
				license, registration, or permit is no longer in effect and the status reverts
				to what it would have been had the license, registration, or permit not been
				issued. Late payment penalties will be assessed, as provided in board rules,
				for subsequent requests to renew or reissue the license, registration, or
				permit.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 1 - Purpose and Organization › Rule 657-1.7 - Overpayment of Fees

Current through Register Vol. 47, No. 3, July 24, 2024
"Overpayment" refers to the payment of any license,
				registration, permit, or service fee in excess of the required amount of the
				fee. Overpayment of $10 or less received by the board shall not be
				refunded.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 1 - Purpose and Organization › Rule 657-1.8 - Alternate Board Members

Current through Register Vol. 47, No. 3, July 24, 2024
The board may have a pool of up to seven alternate members, to
				include individuals who may or may not be licensed to practice under Iowa Code
				chapter 155A, to substitute for board members unable to participate in a
				contested case hearing. Utilization of such alternate board members shall be in
				compliance with Iowa Code section 155A.2A. Whenever there are fewer than seven
				individuals serving in the pool of alternate board members, the executive
				director may present to the board for approval a list of individuals eligible
				to serve in the pool. The board may select individuals to serve as alternate
				board members, subject to approval by the governor. The term of each alternate
				board member shall begin on the first day of the month following approval by
				the governor and shall last for three years or until the alternate board member
				resigns, whichever occurs first. An alternate board member may serve no more
				than nine years as an alternate board member. Upon approval by the governor of
				an alternate board member, the executive director may select that alternate
				board member to hear a contested case when a sufficient number of board members
				are unavailable to hear a contested case for any reason.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to set the minimum standards and
				application process for obtaining and maintaining pharmacist licensure in this
				state. The rules shall apply to pharmacists who seek or hold pharmacist
				licensure in Iowa.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				shall apply:
"Board"
means the board of pharmacy.
"Continuing pharmacy education"
or
"CPE"
means a structured educational activity that is
				applicable to the practice of pharmacy, that promotes problem solving and
				critical thinking, and that is designed or intended to support the continuing
				development of pharmacists to maintain and enhance their competence in the
				practice of pharmacy.
"Continuing professional development"
or
"CPD"
means a self-directed, ongoing, systematic, and
				outcomes-focused approach to learning and professional development including
				active participation in learning activities that assist a pharmacist in
				developing and maintaining continuing competence in the practice of pharmacy,
				enhancing the pharmacist's professional practice, and supporting achievement of
				the pharmacist's career goals.
"CPE monitor"
means the program administered
				by NABP to collect and store CPE data for pharmacy professionals.
"NABP"
means the National Association of
				Boards of Pharmacy.
"Renewal period"
means the 27-month period
				commencing April 1 prior to the previous license expiration and ending June 30,
				the date of current license expiration.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.3 - License and Criminal History Record Check Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
License required.
Prior
			 to engaging in the practice of pharmacy in Iowa, a pharmacist shall have an
			 active Iowa pharmacist license.
(2)
Criminal history record check required.
Upon receipt of an
			 application for initial licensure pursuant to subrule 2.3(1) or for
			 reactivation pursuant to rule
			 657-2.11 (147,155A), the board
			 shall provide a fingerprint packet to the applicant, who shall submit to the
			 board the completed fingerprint packet and a signed waiver form to facilitate a
			 national criminal history background check of the applicant. The cost of the
			 evaluation of the fingerprint packet and the Iowa division of criminal
			 investigation and United States Federal Bureau of Investigation criminal
			 history background checks will be assessed to the applicant.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.4 - Licensure by Examination

Current through Register Vol. 47, No. 3, July 24, 2024
The board, in conjunction with NABP, shall provide for the
				administration of pharmacist licensure examinations.
(1)
Components.
Applicants
			 shall take and pass the following components: the North American Pharmacist
			 Licensure Examination (NAPLEX); the Multistate Pharmacy Jurisprudence
			 Examination (MPJE), Iowa Edition. A total scaled score of no less than 75 is
			 required to pass each examination.
(2)
Timeliness.
To be
			 eligible for a license by examination, the candidate shall pass all components
			 in Iowa within a period of one year beginning with the date the candidate
			 passed an initial component. A candidate may request waiver or variance from
			 this deadline pursuant to the procedures and requirements of 657-Chapter
			 34.
(3)
Examination
			 results.
Examination scores and original license certificates shall be
			 provided as soon after the examinations as possible.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.5 - Application for Examination-requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Application for examination shall be on forms provided by the
				board, and all requested information shall be provided on or with such
				application. An applicant shall additionally apply for eligibility to take the
				NAPLEX and the Multistate Pharmacy Jurisprudence Examination (MPJE), Iowa
				Edition, at
nabp.pharmacy/programs
.
(1)
Required information.
The application for examination shall require that the applicant provide, at a
			 minimum, the following: name; address; telephone number; date of birth; social
			 security number or individual tax identification number (ITEM); name and
			 location of college of pharmacy and date of graduation; one current photograph
			 of a quality at least similar to a passport photograph; and internship
			 experience. If the applicant provides an ITEM in lieu of a social security
			 number, the applicant shall also provide acceptable proof of lawful presence.
			 Each applicant shall also declare the following: history of prior pharmacist
			 licensure examinations and record of offenses including but not limited to
			 charges, convictions, and fines which relate to the profession or that may
			 affect the licensee's ability to practice pharmacy.
(2)
Sworn statement.
The
			 application for examination shall be made as a sworn statement before a notary
			 public, and the notary public shall witness the signature of the
			 applicant.
(3)
Fee.
The nonrefundable fee for examination shall consist of
			 the biennial license fee, a processing fee, and an examination registration
			 fee.
a. The biennial license fee shall be
			 $180, and the processing fee shall be $72. The nonrefundable biennial license
			 fee and processing fee shall be submitted to the board with the application for
			 licensure by examination.
b. The
			 examination registration fee shall be an amount determined by NABP and
			 submitted pursuant to NABP direction at
nabp.pharmacy/programs
when submitting an application
			 for eligibility to take the NAPLEX; the MPJE, Iowa Edition; or both.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.6 - Internship Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Each applicant, except for an applicant for license transfer,
				shall furnish to the board evidence certifying completion of satisfactory
				internship experience. The board will not certify an applicant eligible to take
				any of the examination components prior to receipt of evidence of satisfactory
				completion of internship experience. Internship experience shall comply with
				the requirements in 657-Chapter 4. Internship experience completed in
				compliance with the requirements in 657-Chapter 4 shall be valid for
				application for licensure in Iowa by examination or score transfer for a period
				of three years following graduation from an approved college of pharmacy or as
				otherwise approved by the board on a case-by-case basis.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.7 - Reexamination Applications and Fees

Current through Register Vol. 47, No. 3, July 24, 2024
A candidate who fails to pass either the NAPLEX or the MPJE,
				Iowa Edition, once shall be allowed to schedule a time to retake the
				examination as provided in this rule. To ensure the integrity of the
				examinations, no waiver or variance of the specified waiting period between
				reexaminations will be granted.
(1)
NAPLEX.
A candidate who fails to pass the NAPLEX once shall be
			 allowed to schedule a time to retake the examination no less than 45 days
			 following administration of the failed examination. The candidate may be
			 approved to retake the NAPLEX no more than three times in a 12-month
			 period.
(2)
MPJE, Iowa
			 Edition.
A candidate who fails to pass the MPJE, Iowa Edition, once
			 shall be allowed to schedule a time to retake the examination no less than 30
			 days following administration of the failed examination.
(3)
Reexamination after two or more
			 attempts.
A candidate who fails to pass either examination following a
			 second or subsequent examination may petition the board for permission to take
			 the examination again. Determination of a candidate's eligibility to take an
			 examination more than two times shall be at the discretion of the
			 board.
(4)
Applications and
			 fees.
Each applicant for reexamination shall file an application on
			 forms provided by the board. A nonrefundable processing fee of $36 will be
			 charged for each NAPLEX or MPJE, Iowa Edition, reexamination and shall be paid
			 to the board. In addition, the applicant shall complete the NABP application
			 process for reexamination and pay the required fee for reexamination as
			 determined by NABP at
nabp.pharmacy/programs
.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.8 - Licensure by Score Transfer

Current through Register Vol. 47, No. 3, July 24, 2024
The board of pharmacy participates in the NAPLEX score transfer
				program offered by NABP. This program allows candidates for pharmacist
				licensure to take the standardized NAPLEX in one state and have the score from
				that examination transferred to other participant states in which the candidate
				is seeking licensure. MPJE scores cannot be transferred.
(1)
Application for score
			 transfer.
To participate in the NABP score transfer program, an
			 applicant shall complete all required application requirements and submit
			 required fees as determined by NABP at
nabp.pharmacy/programs
.
(2)
Requirements and
			 deadline.
Applicants for licensure by score transfer shall meet the
			 requirements established in rules
			 657-2.4 (147,155A) through
			 657-2.6 (155A) within 12 months
			 of the date of score transfer.
(3)
Fees.
In addition to the score transfer fee identified in
			 subrule 2.8(1), fees for licensure pursuant to the NABP score transfer program
			 shall consist of the fees identified in paragraph 2.5(3)
"a."
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.9 - Licensure by License Transfer

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant for license transfer must be a pharmacist licensed
				in a state or territory of the United States, and the license upon which the
				transfer is based must be in good standing at the time of the application and
				license transfer. All candidates shall take and pass the MPJE, Iowa Edition, as
				provided in subrule 2.4(1). Any candidate who fails to pass the examination
				shall be eligible for reexamination as provided in rule
				657-2.7 (147).
(1)
Eligibility.
Each
			 applicant for license transfer to this state who obtains the applicant's
			 original license after January 1, 1980, must have passed the NABP Licensure
			 Examination (NABPLEX), the NAPLEX, or an equivalent examination as determined
			 by NABP.
a.
Applications for license
			 transfer.
Each applicant for license transfer to Iowa shall complete
			 the online application and pay the required fee as determined by NABP at
nabp.pharmacy/programs
and submit the board's online
			 application and pay the required nonrefundable fee at
pharmacy.iowa.gov
.
b.
Foreign pharmacy
			 graduates.
If the applicant is a graduate of a school or college of
			 pharmacy located outside the United States that has not been recognized and
			 approved by the board, proof of qualifications shall include certification from
			 the FPGEC pursuant to subrule 2.10(1).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 2 - Pharmacist Licenses › Rule 657-2.10 - Foreign Pharmacy Graduates

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Education equivalency.
Any applicant who is a graduate of a school or college of pharmacy located
			 outside the United States that has not been recognized and approved by the
			 board shall be deemed to have satisfied the requirements of Iowa Code section
			 155A.8,
			 subsection 1, by certification by the FPGEC. Each applicant shall have
			 successfully passed the Foreign Pharmacy Graduate Equivalency Examination
			 (FPGEE) given by the FPGEC established by NAB P. The FPGEE is hereby recognized
			 and approved by the board. Each applicant shall also demonstrate proficiency in
			 basic English language skills by passing the Internet Based Test of English as
			 a Foreign Language (TOEFL iBT) given by the FPGEC established by NABP. The
			 TOEFL iBT is hereby recognized and approved by the board. Certification by the
			 FPGEC shall be evidence of the applicant's successfully passing the FPGEE and
			 TOEFL iBT, and certification is a prerequisite to taking the licensure
			 examinations required in subrule 2.4(1).
(2)
Internship.
A foreign
			 pharmacy graduate applicant shall also be required to obtain internship
			 experience in one or more board-licensed pharmacies as provided in rule
			 657-4.7 (155A). Internship
			 requirements shall, in all other aspects, meet the requirements established in
			 657-Chapter 4.