reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.6 - Standards of Practice-automated Dispensing Systems

Current through Register Vol. 47, No. 3, July 24, 2024
A physician who dispenses prescription drugs via an automated
				dispensing system or a dispensing system that employs technology may delegate
				nonjudgmental dispensing functions to staff assistants in the absence of a
				pharmacist or physician provided that the physician utilizes an internal
				quality control assurance plan that ensures that the medication dispensed is
				the medication that was prescribed. The physician shall be physically present
				to determine the accuracy and completeness of any medication that is
				reconstituted prior to dispensing.
(1)
			 An internal quality control assurance plan shall include the following
			 elements:
a. The name of the physician
			 responsible for the internal quality assurance plan and testing;
b. Methods that the dispensing system
			 employs, e.g., bar coding, to ensure the accuracy of the patient's name and
			 medication, dosage, directions and amount of medication prescribed;
c. Standards that the physician expects to be
			 met to ensure the accuracy of the dispensing system and the training and
			 qualifications of staff members assigned to dispense via the dispensing
			 system;
d. The procedures utilized
			 to ensure that the physician(s) dispensing via the automated system provide(s)
			 patients counseling regarding the prescription drugs being dispensed;
e. Staff training and qualifications for
			 dispensing via the dispensing system;
f. A list of staff members who meet the
			 qualifications and who are assigned to dispense via the dispensing
			 system;
g. A plan for testing the
			 dispensing system and each staff member assigned to dispense via the dispensing
			 system;
h. The results of testing
			 that show compliance with the standards prior to implementation of the
			 dispensing system and prior to approval of each staff member to dispense via
			 the dispensing system;
i. A plan
			 for interval testing of the accuracy of dispensing, at least annually;
			 and
j. A plan for addressing
			 inaccuracies, including discontinuing dispensing until the accuracy level can
			 be reattained.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.7 - Standards of Practice-office Practices

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Termination of the physician-patient relationship.
A physician
			 may choose whom to serve. Having undertaken the care of a patient, the
			 physician may not neglect the patient. A physician shall provide a patient
			 written notice of the termination of the physician-patient relationship. A
			 physician shall ensure that emergency medical care is available to the patient
			 during the 30-day period following notice of the termination of the
			 physician-patient relationship.
(2)
Patient referrals.
A physician shall not pay or receive
			 compensation for patient referrals.
(3)
Confidentiality.
A
			 physician shall maintain the confidentiality of all patient information
			 obtained in the practice of medicine. Information shall be divulged by the
			 physician when authorized by law or the patient or when required for patient
			 care.
(4)
Sexual
			 conduct.
It is unprofessional and unethical conduct, and is grounds
			 for disciplinary action, for a physician to engage in conduct which violates
			 the following prohibitions:
a. In the course
			 of providing medical care, a physician shall not engage in contact, touching,
			 or comments of a sexual nature with a patient, or with the patient's parent or
			 guardian if the patient is a minor.
b. A physician shall not engage in any sexual
			 conduct with a patient when that conduct occurs concurrent with the
			 physician-patient relationship, regardless of whether the patient consents to
			 that conduct.
c. A physician shall
			 not engage in any sexual conduct with a former patient unless the
			 physician-patient relationship was completely terminated before the sexual
			 conduct occurred. In considering whether that relationship was completely
			 terminated, the board will consider the duration of the physician-patient
			 relationship, the nature of the medical services provided, the lapse of time
			 since the physician-patient relationship ended, the degree of dependence in the
			 physician-patient relationship, and the extent to which the physician used or
			 exploited the trust, knowledge, emotions, or influence derived from the
			 physician-patient relationship.
d.
			 A psychiatrist, or a physician who provides mental health counseling to a
			 patient, shall never engage in any sexual conduct with a current or former
			 patient, or with that patient's parent or guardian if the patient was a minor,
			 regardless of whether the patient consents to that conduct.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.9 - Standards of Practice-interventional Chronic Pain Management

Current through Register Vol. 47, No. 3, July 24, 2024
This rule establishes standards of practice for the practice of
				interventional chronic pain management. The purpose of this rule is to assist
				physicians who consider interventional techniques to treat patients with
				chronic pain.
(1)
Definition.
As used in this rule:
"Interventional chronic pain management"
means
				the diagnosis and treatment of pain-related disorders with the application of
				interventional techniques in managing subacute, chronic, persistent, and
				intractable pain. Interventional techniques include percutaneous (through the
				skin) needle placement to inject drugs in targeted areas. Interventional
				techniques also include nerve ablation (excision or amputation) and certain
				surgical procedures. Interventional techniques often involve injection of
				steroids, analgesics, and anesthetics and include: lumbar, thoracic, and
				cervical spine injections, intra-articular injections, intrathecal injections,
				epidural injections (both regular and transforaminal), facet injections,
				discography, nerve destruction, occipital nerve blocks, lumbar sympathetic
				blocks and vertebroplasty, and kyphoplasty. Interventional chronic pain
				management includes the use of fluoroscopy when it is used to assess the cause
				of a patient's chronic pain or when it is used to identify anatomic landmarks
				during interventional techniques. Specific interventional techniques include:
				SI joint injections; spinal punctures; epidural blood patches; epidural
				injections; epidural/spinal injections; lumbar injections;
				epidural/subarachnoid catheters; occipital nerve blocks; axillary nerve blocks;
				intercostals nerve blocks; multiple intercostals nerve blocks; ilioinguinal
				nerve blocks; peripheral nerve blocks; facet joint injections;
				cervical/thoracic facet joint injections; lumbar facet injections; multiple
				lumbar facet injections; transforaminal epidural steroid injections;
				transforaminal cervical steroid injections; sphenopalatine ganglion blocks;
				paravertebral sympathetic blocks; neurolysis of the lumbar facet nerve;
				neurolysis of the cervical facet nerve; and destruction of the peripheral
				nerve.
(2)
Interventional chronic pain management.
The practice of
			 interventional chronic pain management shall include the following:
a. Comprehensive assessment of the
			 patient;
b. Diagnosis of the cause
			 of the patient's pain;
c.
			 Evaluation of alternative treatment options;
d. Selection of appropriate treatment
			 options;
e. Termination of
			 prescribed treatment options when appropriate;
f. Follow-up care; and
g. Collaboration with other health care
			 providers.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.10 - Standards of Practice-physicians Who Prescribe or Administer Abortion-inducing Drugs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
As used in this rule:
"Abortion-inducing drug "
means a drug,
				medicine, mixture, or preparation, when it is prescribed or administered with
				the intent to terminate the pregnancy of a woman known to be pregnant.
(2)
Physical examination required.
			 A
physician shall not induce an abortion by providing an
			 abortion-inducing drug unless the physician has first performed a physical
			 examination of the woman to determine, and document in the woman's medical
			 record, the gestational age and intrauterine location of the
			 pregnancy.
(3)
Physician's
			 physical presence required.
When inducing an abortion by providing an
			 abortion-inducing drug, a physician must be physically present with the woman
			 at the time the abortion-inducing drug is provided.
(4)
Follow-up appointment
			 required.
If an abortion is induced by an abortion-inducing drug, the
			 physician inducing the abortion must schedule a follow-up appointment with the
			 woman at the same facility where the abortion-inducing drug was provided, 12 to
			 18 days after the woman's use of an abortion-inducing drug to confirm the
			 termination of the pregnancy and evaluate the woman's medical condition. The
			 physician shall use all reasonable efforts to ensure that the woman is aware of
			 the follow-up appointment and that she returns for the appointment.
(5)
Parental notification regarding
			 pregnant minors. A
physician shall not induce an abortion by providing
			 an abortion-inducing drug to a pregnant minor prior to compliance with the
			 requirements of Iowa Code chapter 135L and rules
			 641-89.12
			 (135L) and
			 641-89.21
			 (135L) adopted by the public health department.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.12 - Standards of Practice-prescribing Epinephrine Auto-injectors, Bronchodilator Canisters, Bronchodilator Canisters and Spacers, or Opioid Antagonists in the Name of an Authorized Facility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Definition.
			 For purposes of this rule:
"Authorized facility"
means a facility as
				defined in Iowa Code section
				135.185(1), a
				school district, or an accredited nonpublic school.
(2) Notwithstanding any other provision of
			 law to the contrary, a physician may prescribe epinephrine auto-injectors,
			 bronchodilator canisters, bronchodilator canisters and spacers, or opioid
			 antagonists in the name of an authorized facility to be maintained for use
			 pursuant to Iowa Code sections
			 135.185,
			 135.190,
			 280.16 and
			 280.16A.
(3) A physician who prescribes epinephrine
			 auto-injectors, bronchodilator canisters, bronchodilator canisters and spacers,
			 or opioid antagonists in the name of an authorized facility to be maintained
			 for use pursuant to Iowa Code sections
			 135.185,
			 135.190,
			 280.16 and
			 280.16A, provided the physician
			 has acted reasonably and in good faith, shall not be liable for any injury
			 arising from the provision, administration, or assistance in the administration
			 of an epinephrine auto-injector, bronchodilator canisters, bronchodilator
			 canisters and spacers, or opioid antagonists.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.13 - Standards of Practice-experimental Treatments for Patients With a Terminal Illness

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exemption from discipline.
To the extent consistent with state
			 law, the board shall not revoke, fail to renew, suspend, or take any action
			 against a physician's license based solely on the physician's recommendations
			 to an eligible patient regarding access to or treatment with an investigational
			 drug, biological product, or device.
(2)
Eligible patient.
A
			 physician shall ensure that a patient meets all of the following conditions
			 prior to the use of an investigational drug, biological product, or device
			 pursuant to this rule:
a. The patient has a
			 terminal illness, attested to by the patient's treating physician.
b. The patient has considered and rejected or
			 has tried and failed to respond to all other treatment options approved by the
			 U.S. Food and Drug Administration (FDA).
c. The patient has received a recommendation
			 from the patient's physician for an investigational drug, biological product,
			 or device.
d. The patient has given
			 written informed consent for the use of the investigational drug, biological
			 product, or device.
e. The patient
			 has documentation from the patient's physician that the patient meets the
			 requirements of this rule.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.14 - Standards of Practice-tick-borne Disease Diagnosis and Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exemption from discipline.
A person licensed by the board
			 under Iowa Code chapter 148 shall not be subject to discipline under this
			 chapter or the board's enabling statute based solely on the physician's
			 recommendation or provision of a treatment method for Lyme disease or other
			 tick-borne disease if the recommendation or provision of such treatment meets
			 all the following criteria:
a. The treatment
			 is provided after an examination is performed and informed consent is received
			 from the patient.
b. The physician
			 identifies a medical reason for recommending or providing the
			 treatment.
c. The treatment is
			 provided after the physician informs the patient about other recognized
			 treatment options and describes to the patient the physician's education,
			 experience, and credentials regarding the treatment of Lyme disease or other
			 tick-borne disease.
d. The
			 physician uses the physician's own medical judgment based on a thorough review
			 of all available clinical information and Lyme disease or other tick-borne
			 disease literature to determine the best course of treatment for the individual
			 patient.
e. The treatment will not,
			 in the opinion of the physician, result in the direct and proximate death of or
			 serious bodily injury to the patient.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.16 - Abortion Prerequisites

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written certification.
At least 24 hours prior to performing
			 an abortion, a physician shall obtain written certification from the pregnant
			 woman of each prerequisite as required in Iowa Code sections
			 146A.1(1)
"a"
through
			 146A.1
			 (1)
"d"
(1). The written certification shall list each required
			 prerequisite separately and shall include a line for date and signature of the
			 pregnant woman. The physician shall maintain a copy of the certification as
			 part of the pregnant woman's medical records.
(2)
Exceptions.
This rule
			 shall not apply to abortions performed in a medical emergency, as provided in
			 Iowa Code section
			 146A.1(2).
(3)
Discipline.
Failure to
			 comply with this rule or the requirements of Iowa Code section
			 146A.1
			 may constitute grounds for discipline.
This rule is intended to implement Iowa Code section
				146A.1.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.20 - Principles of Medical Ethics

Current through Register Vol. 47, No. 3, July 24, 2024
The Code of Medical Ethics (2002-2003) prepared and approved by
				the American Medical Association and the Code of Ethics (2002-2003) prepared
				and approved by the American Osteopathic Association shall be utilized by the
				board as guiding principles in the practice of medicine and surgery and
				osteopathic medicine and surgery in this state.
(1)
Conflict of interest.
A
			 physician should not provide medical services under terms or conditions which
			 tend to interfere with or impair the free and complete exercise of the
			 physician's medical judgment and skill or tend to cause a deterioration of the
			 quality of medical care.
(2)
Fees.
Any fee charged by a physician shall be
			 reasonable.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.1 - Iowa Physician Health Committee-iowa Physician Health Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Iowa
			 physician health committee.
Pursuant to the authority of Iowa Code
			 section
			 272C.3(1)
"k,"
the board establishes the Iowa physician health
			 committee.
(2)
Iowa
			 physician health program.
To assist in executing its duties under Iowa
			 Code section
			 272C.3(1)
"k,"
the committee establishes the Iowa physician health
			 program. The program shall operate under the direction of the committee and
			 shall be supervised by the executive director of the board.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Applicant"
means any person who has submitted
				an application to the board for a license to practice medicine, acupuncture, or
				genetic counseling.
"Board"
means the board of medicine of the
				state of Iowa.
"Health contract"
or
"contract"
means the written document executed by an applicant
				or licensee and the IPHC which establishes the terms for participation in the
				Iowa physician health program.
"Impairment"
means any of the following that
				renders or, if left untreated, is reasonably likely to render a licensee unable
				to practice the licensee's profession with reasonable skill and safety:
1. Mental disorder;
2. Physical illness or condition, including but not limited to
				those illnesses or conditions that would adversely affect cognitive, motor, or
				perceptive skills; or
3. Substance-related disorder, including abuse of or dependence
				on drugs or alcohol.
"Initial agreement"
means the written document
				establishing the initial terms for participation in the Iowa physician health
				program.
"IPHC"
or
"committee"
means
				the Iowa physician health committee.
"IPHP"
or
"program"
means the
				Iowa physician health program.
"licensee"
means any person who has an Iowa
				license to practice medicine, acupuncture, or genetic counseling issued by the
				board.
"Mental disorder"
means any disorder,
				condition, illness, or syndrome characterized by a clinically significant
				disturbance in an individual's cognition, emotion regulation, or behavior that
				reflects a dysfunction in the psychological, biological, or developmental
				processes underlying mental functioning. Mental disorders are usually
				associated with significant distress or disability in social, occupational, or
				other important activities.
"Participant"
means an applicant or licensee
				who signs an initial agreement with the Iowa physician health committee or
				signs a contract with the Iowa physician health committee.
"Prospective participant"
means a licensee or
				applicant who self-reports an impairment to the Iowa physician health program
				or is referred to the Iowa physician health program by the board pursuant to
				653-14.I1(272C).
"Referral by the hoard"
means the board has
				determined, with or without having taken disciplinary action, that the
				applicant or licensee is an appropriate candidate for participation in the IPHP
				pursuant to 653-14.11 (272C).
"Self-report"
means an applicant's or a
				licensee's providing written notification to the IPHC that the applicant or the
				licensee has been, is, or may be impaired. Information related to an impairment
				or a potential impairment which is provided on a license application or renewal
				form may be considered a self-report upon the request of the applicant or
				licensee and authorization from the board and agreement by the
				IPHC.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.3 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The IPHC and IPHP assist and monitor the recovery,
				rehabilitation, or maintenance of licensees who self-report impairments or are
				referred by the board pursuant to
				653-14.11 (272C) and, as
				necessary, notify the board in the event of noncompliance with contract
				provisions. The IPHC and IPHP both advocate for licensees' health and promote
				and protect the health and safety of the public.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.4 - Organization of the Committee

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall appoint the members of the IPHC.
(1)
Membership.
The
			 membership of the IPHC includes, but is not limited to:
a. The medical director of the board or the
			 executive director of the board;
b.
			 One physician who has remained free of addiction for a period of no less than
			 two years following successful completion of a board-approved recovery program,
			 a board-ordered probation for alcohol or drug abuse, dependency, or addiction,
			 or an IPHC contract;
c. One
			 practitioner with expertise in substance abuse/addiction treatment
			 programs;
d. One psychiatrist;
			 and
e. One public member
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.5 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
To be eligible for participation in the IPHP, an applicant or a
				licensee must self-report an impairment or potential impairment directly to the
				IPHP or be referred by the board for an impairment or potential impairment
				pursuant to 653-14.11 (272C) and be
				determined by the IPHC to be an appropriate candidate for participation in the
				IPHP.
(1) Participation in the program
			 does not divest the board of its authority or jurisdiction over the
			 participant. A participant with an impairment or potential impairment as
			 defined at 653-14.2 (272C) may retain
			 eligibility to participate in the program if appropriate while subject to
			 investigation or discipline by the board for matters other than the alleged
			 impairment.
(2) A prospective
			 participant may be determined to be ineligible to participate in the program as
			 a self-reporter or a referral from the board if the committee finds sufficient
			 evidence of any of the following:
a. The
			 prospective participant provided inaccurate, misleading, or fraudulent
			 information or failed to fully cooperate with the IPHC.
b. The prospective participant fails to sign
			 a contract when recommended by the IPHC.
c. The IPHC determines it will be unable to
			 assist the prospective participant.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.6 - Type of Program

Current through Register Vol. 47, No. 3, July 24, 2024
The IPHP is an individualized recovery, rehabilitation, or
				maintenance program designed to meet the specific needs of the participant. The
				committee, in consultation with committee-approved evaluators and treatment
				providers, shall determine the type of recovery, rehabilitation, or maintenance
				program required to treat the participant's impairment based on the diagnosis
				and treatment recommendations from the evaluator or treatment provider The IPHC
				shall prepare a contract, to be signed by the participant, that shall provide a
				detailed description of the goals of the program, the requirements for
				successful participation, and the participant's obligations therein. The IPHC
				may delegate its obligations and duties under these rules to the IPHP staff and
				the medical director as appropriate pursuant to policies and procedures adopted
				by the IPHC.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.7 - Terms of Participation

Current through Register Vol. 47, No. 3, July 24, 2024
A participant shall agree to comply with the terms for
				participation in the IPHP established in the initial agreement and contract.
				Terms of participation specified in the contract shall include, but are not
				limited to:
(1)
Duration.
Length of participation in the program can vary from
			 one to five years depending on the individual participant's diagnosis,
			 recommendations from approved evaluators and treatment providers, and the IPHC
			 following a review of all relevant information. A contract shall only terminate
			 once the IPHC has determined that the licensee is no longer impaired.
(2)
Noncompliance.
A
			 participant is responsible for promptly notifying the IPHC of all instances of
			 noncompliance including a relapse. Notification of noncompliance made to the
			 IPHC by the participant, any person responsible for monitoring or treating the
			 participant, or another party shall result in the following:
a.
First instance.
Upon
			 receiving notification of a first instance of significant noncompliance
			 including, but not limited to, a relapse, the IPHC shall make a report to the
			 board which identifies the participant by IPHP case number, describes the
			 relevant terms of the participant's contract and the noncompliance, and
			 includes the IPHC's recommendation as to whether the participant should remain
			 in the program. Upon receiving the report, the board shall determine if formal
			 disciplinary charges should be filed, pursuant to 653-subrule
			 23.1(12).
b.
Second
			 instance.
Upon receiving notification of a second instance of
			 significant noncompliance including, but not limited to, a relapse, the IPHC
			 shall refer the case and the participant's identity to the board for a
			 determination of whether formal disciplinary charges should be filed or other
			 appropriate action taken. In its referral, the IPHC may make recommendations as
			 to whether the participant should be allowed to remain in the
			 program.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.8 - Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The IPHC
			 establishes the terms of and monitors a participant's compliance with the
			 program specified in the initial agreement and contract. The IPHC is not
			 responsible for participants who fail to comply with the terms of the initial
			 agreement or contract or who fail to otherwise successfully complete the
			 IPHP.
(2) Participation in the IPHP
			 shall not relieve the board of any duties and shall not divest the board of any
			 authority or jurisdiction otherwise provided. A participant who violates a
			 statute or administrative rule of the board which is unrelated to impairment,
			 including, but not limited to, competency concerns or sexual misconduct, shall
			 be referred to the board in accordance with these administrative rules for
			 appropriate action.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.10 - Authority for 28e Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
The IPHC may enter into 28E agreements with other health
				professional licensing boards to evaluate, assist, and monitor impaired
				licensees from other health professions who self-report and to report to those
				professional licensing boards regarding the compliance of individual licensees.
				In the event of noncompliance, the licensee may be referred to the appropriate
				licensing board for appropriate disciplinary action. If the IPHC enters into a
				28E agreement with another health professional licensing board, this chapter
				applies and the word "physician" shall be replaced with the word "licensee" for
				the purpose of interpreting this chapter.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.11 - Board Referrals to the Iowa Physician Health Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility for hoard referral to IPHP.
The board may refer to
			 the IPHP a licensee or applicant for whom the following circumstances apply:
a. The applicant or licensee has a potential
			 impairment as defined in rule
			 653-14.2 (272C).
b. The board determines that the applicant or
			 licensee is an appropriate candidate for participation in the IPHP.
c. The IPHC determines that the applicant or
			 licensee is an appropriate candidate for participation in the IPHP
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 15 - Child Support Noncompliance › Rule 653-15.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter the following definitions shall
				apply.
"Act"
means 1995 Iowa Acts, chapter 115, sections 1 to
				9.
"Certificate "
means a document known as a
				certificate of noncompliance which is provided by the child support unit
				certifying that the named licensee is not in compliance with a support order or
				with a written agreement for payment of support entered into by the child
				support unit and the licensee.
"Child support unit"
means the child support
				recovery unit of the Iowa department of human services.
"Denial notice "
means a board notification
				denying an application for the issuance or renewal of a license as required by
				the Act.
"Revocation or suspension notice "
means a
				board notification suspending a license for an indefinite or specified period
				of time or a notification revoking a license as required by the Act.
" Withdrawal certificate "
means a document
				known as a withdrawal of a certificate of noncompliance provided by the child
				support unit certifying that the certificate is withdrawn and that the board
				may proceed with issuance, reinstatement, or renewal of a
				license.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 15 - Child Support Noncompliance › Rule 653-15.2 - Issuance or Renewal of a License-denial

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall deny the issuance or renewal of a license upon
				the receipt of a certificate from the child support unit. This rule shall apply
				in addition to the procedures set forth in the Act.
(1)
Service of denial
			 notice.
Notice shall be served upon the licensee by certified mail,
			 return receipt requested; by personal service; or through authorized
			 counsel.
(2)
Effective date
			 of denial.
The effective date of the denial of the issuance or renewal
			 of a license, as specified in the denial notice, shall be 60 days following
			 service of the denial notice upon the licensee.
(3)
Preparation and service of denial
			 notice.
The executive director of the board is authorized to prepare
			 and serve the denial notice upon the licensee.
(4)
Licensee responsible to inform
			 board.
Licensees and applicants shall keep the board informed of all
			 court actions, and all child support unit actions taken under or in connection
			 with the Act. Licensees and applicants shall also provide the board copies,
			 within seven days of filing or issuance, of all applications filed with the
			 district court pursuant to the Act, all court orders entered in such actions,
			 and withdrawal of certificates issued by the child support unit.
(5)
Reinstatement following license
			 denial.
All board fees required for application, license renewal, or
			 license reinstatement must be paid by applicants or licensees before a license
			 will be issued, renewed, or reinstated after the board has denied the issuance
			 or renewal of a license pursuant to the Act.
(6)
Effect of filing in district
			 court.
In the event a licensee files a timely district court action
			 following service of a board denial notice, the board shall continue with the
			 intended action described in the denial notice upon the receipt of a court
			 order lifting the stay, dismissing the action, or otherwise directing the board
			 to proceed. For purposes of determining the effective date of the denial of the
			 issuance or renewal of a license, the board shall count the number of days
			 before the action was filed and the number of days after the action was
			 disposed of by the court.
(7)
Final notification.
The board shall notify the licensee in
			 writing through regular first-class mail, or such other means as the board
			 determines appropriate in the circumstances, within ten days of the effective
			 date of the denial of the issuance or renewal of a license, and shall similarly
			 notify the applicant or licensee if the license is issued or renewed following
			 the board's receipt of a withdrawal certificate.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The licensure of acupuncturists is established to ensure that
				practitioners are qualified to provide Iowans with safe and healthful care. The
				provisions of Iowa Code chapters 147, 148E and 272C authorize the board of
				medicine to establish examination requirements for licensure; evaluate the
				credentials of applicants for licensure (147.2,148E.3); grant licenses to
				qualified applicants (148E.2); institute continuing education requirements
				(272C.2); investigate complaints and reports alleging that licensed
				acupuncturists violated statutes and rules governing the practice of
				acupuncture (147.55, 148E.6); make available participation in the Iowa
				physician health program (272C.3); and discipline licensed acupuncturists found
				guilty of infractions as provided in state law and board rules (147.55,
				148E.6).
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The rules in this chapter shall only apply to individuals
				licensed under Iowa Code chapter 148E. In accordance with Iowa Code section
				148E.3, the rules in this chapter shall not apply to the following:
1. A person otherwise licensed by the state
			 to practice medicine and surgery, osteopathic medicine and surgery,
			 chiropractic, podiatry, or dentistry who is exclusively engaged in the practice
			 of the person's profession.
2. A
			 student practicing acupuncture under the direct supervision of a licensed
			 acupuncturist as part of a course of study approved by the board.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.4 - Eligibility for Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility requirements.
To be licensed to practice
			 acupuncture by the board, a person shall meet all of the following
			 requirements:
a. Fulfill all the application
			 requirements, as specified in 17.5(147,148E).
b. Hold current active status as a diplomate
			 in NCCAOM or, after June 1, 2004, hold current active status as a diplomate in
			 acupuncture or oriental medicine from NCCAOM.
c. Demonstrate sufficient knowledge of the
			 English language to understand and be understood by patients and board and
			 committee members.
(1) An applicant who passed
			 the NCCAOM written and practical examination components in English may be
			 presumed to have sufficient proficiency in English.
(2) An applicant who passed NCCAOM written or
			 practical examination components in a language other than English shall pass
			 the Test of Spoken English (TSE) or the Test of English as a Foreign Language
			 (TOEFL) examinations administered by the Educational Testing Service. A passing
			 score on TSE is a minimum of 50. A passing score on TOEFL is a minimum overall
			 score of 550 on the paper-based TOEFL that was administered on a Friday or
			 Saturday (formerly special or international administration), a minimum overall
			 score of 213 on the computer-administered TOEFL, or a minimum overall score of
			 79 on the Internet-based examination.
d. Successfully complete a three-year
			 postsecondary training program or acupuncture college program which is
			 accredited by, in candidacy for accreditation by, or which meets the standards
			 of the Accreditation Commission for Acupuncture and Oriental
			 Medicine.
e. Successfully complete
			 a course in clean needle technique approved by the NCCAOM.
f. The applicant's license is not denied by
			 the board due to the commission of a disqualifying offense, as provided in
			 653-subrule 9.3(3).
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.5 - Application Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for licensure.
To apply for a license to practice
			 acupuncture, an applicant shall:
a. Submit
			 the completed application form provided by the board, including required
			 credentials and documents, a completed fingerprint packet and a sworn statement
			 by the applicant attesting to the truth of all information provided by the
			 applicant;
b. Pay the nonrefundable
			 initial application fee identified in 653-paragraph 8.2(2)
"a"
; and
c. Pay the fee identified in
			 653-paragraph 8.2(2)
"e"
for the evaluation of the fingerprint
			 packet and the national criminal history background checks by the Iowa division
			 of criminal investigation (DCI) and the Federal Bureau of Investigation
			 (FBI).
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.6 - Display of License and Disclosure of Information to Patients

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Display
			 of license.
Licensed acupuncturists shall display the license issued
			 by the board in a conspicuous place in their primary place of
			 business.
(2)
Distribution
			 and retention of disclosure sheet.
Pursuant to Iowa Code section
			 148E.6,
			 the licensee shall distribute a disclosure sheet on initial contact with
			 patients and retain a copy, signed and dated by the patient, for a period of at
			 least five years after termination of treatment. The disclosure sheet shall
			 include the following:
a. The name, business
			 address, and business telephone number of the acupuncturist.
b. A fee schedule.
c. A listing of the acupuncturist's
			 education, experience, degrees, certificates, or credentials related to
			 acupuncture awarded by professional acupuncture organizations and the length of
			 time required to obtain the degrees or credentials and experience.
d. A statement indicating any license,
			 certificate, or registration in a health care occupation that was revoked by
			 any local, state, or national health care agency.
e. A statement that the acupuncturist is
			 complying with statutes and rules adopted by the board, including a statement
			 that only presterilized, disposable needles are used by the
			 acupuncturist.
f. A statement
			 indicating that the practice of acupuncture is regulated by the
			 board.
g. A statement indicating
			 that a license to practice acupuncture does not authorize a person to practice
			 medicine and surgery in this state and that the services of an acupuncturist
			 must not be regarded as diagnosis and treatment by a person licensed to
			 practice medicine and must not be regarded as medical opinion or
			 advice.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.7 - Biennial Renewal of License Required

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				148E.2,
				a license expires on October 31 of even-numbered years and can be renewed for
				the fee identified in 653-paragraph 8.2(2)
"c. "
The applicant
				for renewal shall provide an NCCAOM certificate that demonstrates that the
				applicant holds current active status as a diplomate in acupuncture or oriental
				medicine from the NCCAOM.
(1)
Expiration date.
Certificates of licensure to practice
			 acupuncture shall expire on October 31 in even years.
(2)
Prorated fees.
The first
			 renewal fee for a license shall be prorated on a monthly basis according to the
			 date of issue.
(3)
Renewal
			 requirements and penalties for late renewal.
Each licensee shall be
			 sent a renewal notice at least 60 days prior to the expiration date. The
			 licensee is responsible for renewing the license prior to its expiration.
			 Failure of the licensee to receive the notice does not relieve the licensee of
			 responsibility for renewing that license.
a.
			 When online renewal is used, the licensee must complete the online renewal
			 prior to midnight on December 31 in order to ensure that the license will not
			 become inactive. The license becomes inactive and invalid at 12:01 a.m. on
			 January 1.
b. Upon receipt of the
			 completed renewal application, staff shall administratively issue a license
			 that expires on October 31 of even-numbered years. In the event the board
			 receives adverse information on the renewal application, the board shall issue
			 the renewal license but may refer the adverse information for further
			 consideration.
c. Every renewal
			 shall be displayed in connection with the original certificate of
			 licensure.
d. If the licensee fails
			 to submit the renewal application and renewal fee prior to the expiration date
			 on the current license, a $50 penalty shall be assessed for renewal in the
			 grace period, a period up until January 1 when the license becomes inactive if
			 not renewed.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.8 - Reinstatement of an Inactive License

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reinstatement
			 requirements.
Licensees who allow their licenses to go inactive by
			 failing to renew may apply for reinstatement of a license. Pursuant to Iowa
			 Code section
			 147.11,
			 applicants for reinstatement shall:
a. Submit
			 upon forms provided by the board a completed application for reinstatement of a
			 license to practice acupuncture. The application shall include the following
			 information:
(1) The applicant's full legal
			 name, date and place of birth, home address, mailing address, principal
			 business address, and personal e-mail address regularly used by the applicant
			 or licensee for correspondence with the board.
(2) Every jurisdiction in which the applicant
			 is or has been authorized to practice, including license numbers and dates of
			 issuance.
(3) Full disclosure of
			 the applicant's involvement in civil litigation related to the practice of
			 acupuncture in any jurisdiction of the United States, other nations or
			 territories. Copies of the legal documents may be requested if needed during
			 the review process.
(4) A statement
			 disclosing and explaining any warnings issued, investigations conducted or
			 disciplinary actions taken, whether by voluntary agreement or formal action, by
			 a medical, acupuncture or professional regulatory authority, an educational
			 institution, a training or research program, or a health facility in any
			 jurisdiction.
(5) A statement of
			 the applicant's physical and mental health, including full disclosure and a
			 written explanation of any dysfunction or impairment which may affect the
			 ability of the applicant to engage in practice and provided patients with safe
			 and healthful care.
(6)
			 Verification of an applicant's hospital and clinical staff privileges and other
			 professional experience for the past five years if requested by the
			 board.
(7) A chronology accounting
			 for all time periods from the date of initial licensure.
(8) A statement disclosing and explaining any
			 charge of a misdemeanor or felony involving the applicant filed in any
			 jurisdiction, whether or not any appeal or other proceeding is pending to have
			 the conviction or plea set aside.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.9 - Continuing Education Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Licensees shall demonstrate that they hold current active
				status as a diplomate from the NCCAOM. The NCCAOM requires 60 points of
				professional development activity every four years. Active NCCAOM certification
				satisfies the continuing education requirements established in Iowa Code
				section 272C.2.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.10 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Diagnostic and treatment modalities.
Diagnostic and treatment
			 modalities used by licensees under this chapter may include one or more of the
			 following acupunctural services:
a. The
			 stimulation or piercing of the skin with an acupuncture needle for any of the
			 following purposes:
(1) To evoke a therapeutic
			 physiological response, either locally or distally to the area of insertion or
			 stimulation.
(2) To relieve pain or
			 treat the neuromusculoskeletal system.
(3) To stimulate ashi acupuncture points to
			 relieve pain and dysfunction.
(4)
			 To promote, maintain, and restore health and to prevent disease.
(5) To stimulate the body according to
			 auricular, hand, nose, face, foot or scalp acupuncture therapy.
(6) To use acupuncture needles with or
			 without the use of herbs, electric current, or application of heat.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 17 - Licensure of Acupuncturists › Rule 653-17.11 - General Disciplinary Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
The board is authorized to take disciplinary action against any
				licensee who violates the provisions set forth in state law and administrative
				rules pertaining to the safe and healthful practice of acupuncture. This rule
				is not subject to waiver pursuant to 653-Chapter 3 or any other provision of
				law.
(1)
Methods of
			 discipline.
The board may impose any of the following disciplinary
			 sanctions:
a. Revocation of a
			 license;
b. Suspension of a license
			 until further order of the board;
c. Nonrenewal of a license;
d. Restrict permanently or temporarily the
			 performance of specific procedures, methods, acts or techniques;
e. Probation;
f. Additional or remedial education or
			 training;
g.
			 Reexamination;
h. Medical or
			 physical evaluation, or alcohol or drug screening within a specific time frame
			 at a facility or by a practitioner of the board's choice;
i. Civil penalties not to exceed
			 $1,000;
j. Citations and warnings
			 as necessary; and
k. Other
			 sanctions allowed by law as deemed appropriate.