Bill Text: IA SF2418 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act relating to governmental and regulatory matters including the granting and renewal of licenses, certificates, and registrations, and including effective date provisions.(Formerly SF 2393, SF 2114.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-06-13 - Withdrawn. S.J. 815. [SF2418 Detail]

Download: Iowa-2019-SF2418-Introduced.html

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Senate File 2418 - Introduced
SENATE FILE 2418
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO SF 2393)
(SUCCESSOR TO SF 2114)
A BILL FOR
An Act relating to governmental and regulatory matters
including the granting and renewal of licenses,
certificates, and registrations, and including effective
date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
PROFESSIONAL LICENSING
Section 1. Section 103.6, subsection 1, paragraph e, Code
2020, is amended by striking the paragraph.
Sec. 2. Section 103.9, subsection 3, Code 2020, is amended
by striking the subsection.
Sec. 3. Section 103.10, subsection 6, Code 2020, is amended
by striking the subsection.
Sec. 4. Section 103.12, subsection 6, Code 2020, is amended
by striking the subsection.
Sec. 5. Section 103.12A, subsection 4, Code 2020, is amended
by striking the subsection.
Sec. 6. Section 103.13, subsection 4, Code 2020, is amended
by striking the subsection.
Sec. 7. Section 103.15, subsection 7, Code 2020, is amended
by striking the subsection.
Sec. 8. Section 105.10, subsection 5, Code 2020, is amended
by striking the subsection.
Sec. 9. Section 105.22, subsection 4, Code 2020, is amended
by striking the subsection.
Sec. 10. Section 135.105A, subsection 5, Code 2020, is
amended to read as follows:
5. The department shall adopt rules regarding minimum
requirements for lead inspector, lead abater, and lead-safe
renovator training programs, certification, work practice
standards, and suspension and revocation requirements, and
shall implement the training and certification programs. Rules
adopted pursuant to this subsection shall comply with chapter
272C. The department shall seek federal funding and shall
establish fees in amounts sufficient to defray the cost of the
programs. The fees shall be used for any of the department’s
duties under this subchapter , including but not limited
to the costs of full-time equivalent positions for program
services and investigations. Fees received shall be considered
repayment receipts as defined in section 8.2 .
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Sec. 11. Section 147.3, Code 2020, is amended to read as
follows:
147.3 Qualifications.
An applicant for a license to practice a profession under
this subtitle is not ineligible because of age, citizenship,
sex, race, religion, marital status, or national origin,
although the application form may require citizenship
information. A board may consider the past criminal record of
an applicant only if the conviction relates to the practice of
the profession for which the applicant requests to be licensed.
Sec. 12. Section 147.55, subsection 5, Code 2020, is amended
by striking the subsection.
Sec. 13. Section 147A.7, subsection 1, paragraph j, Code
2020, is amended by striking the paragraph.
Sec. 14. Section 148.6, subsection 2, paragraph b, Code
2020, is amended by striking the paragraph.
Sec. 15. Section 148H.7, subsection 1, paragraph a, Code
2020, is amended by striking the paragraph.
Sec. 16. Section 151.9, subsection 5, Code 2020, is amended
by striking the subsection.
Sec. 17. Section 152.10, subsection 2, paragraph c, Code
2020, is amended by striking the paragraph.
Sec. 18. Section 153.34, subsection 9, Code 2020, is amended
by striking the subsection.
Sec. 19. Section 154A.24, subsection 1, Code 2020, is
amended by striking the subsection.
Sec. 20. Section 156.9, subsection 2, paragraph e, Code
2020, is amended by striking the paragraph.
Sec. 21. Section 272.1, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 5A. “Offense directly relates” refers to
either of the following:
a. The actions taken in furtherance of an offense are
actions customarily performed within the scope of practice of
a licensed profession.
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b. The circumstances under which an offense was committed
are circumstances customary to a licensed profession.
Sec. 22. Section 272.2, subsection 14, paragraph a, Code
2020, is amended to read as follows:
a. The board may deny a license to or revoke the license
of a person upon the board’s finding by a preponderance of
evidence that either the person has been convicted of a crime
an offense and the offense directly relates to the duties and
responsibilities of the profession or that there has been
a founded report of child abuse against the person. Rules
adopted in accordance with this paragraph shall provide that
in determining whether a person should be denied a license or
that a practitioner’s license should be revoked, the board
shall consider the nature and seriousness of the founded abuse
or crime in relation to the position sought, the time elapsed
since the crime was committed, the degree of rehabilitation
which has taken place since the incidence of founded abuse or
the commission of the crime, the likelihood that the person
will commit the same abuse or crime again, and the number of
founded abuses committed by or criminal convictions of the
person involved.
Sec. 23. Section 272C.1, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 7A. “Offense directly relates” refers to
either of the following:
a. The actions taken in furtherance of an offense are
actions customarily performed within the scope of practice of
a licensed profession.
b. The circumstances under which an offense was committed
are circumstances customary to a licensed profession.
Sec. 24. Section 272C.4, subsection 13, Code 2020, is
amended by striking the subsection.
Sec. 25. Section 272C.10, subsection 5, Code 2020, is
amended by striking the subsection and inserting in lieu
thereof the following:
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5. Conviction of a felony offense, if the offense directly
relates to the profession or occupation of the licensee, in the
courts of this state or another state, territory, or country.
Conviction as used in this subsection includes a conviction of
an offense which if committed in this state would be a felony
without regard to its designation elsewhere, and includes a
finding or verdict of guilt made or returned in a criminal
proceeding even if the adjudication of guilt is withheld or not
entered. A certified copy of the final order or judgment of
conviction or plea of guilty in this state or in another state
constitutes conclusive evidence of the conviction.
Sec. 26. NEW SECTION . 272C.12 Licensure of persons licensed
in other jurisdictions.
1. Notwithstanding any other provision of law, an
occupational or professional license, certificate, or
registration, including a license, certificate, or registration
issued by the board of educational examiners, shall be issued
without an examination to a person who establishes residency
in this state or to a person who is married to an active duty
member of the military forces of the United States and who is
accompanying the member on an official permanent change of
station to a military installation located in this state if all
of the following conditions are met:
a. The person is currently licensed, certified, or
registered by at least one other issuing jurisdiction in the
occupation or profession applied for with a substantially
similar scope of practice and the license, certificate, or
registration is in good standing in all issuing jurisdictions
in which the person holds a license, certificate, or
registration.
b. The person has been licensed, certified, or registered by
another issuing jurisdiction for at least one year.
c. When the person was licensed by the issuing jurisdiction,
the issuing jurisdiction imposed minimum educational
requirements and, if applicable, work experience and clinical
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supervision requirements, and the issuing jurisdiction verifies
that the person met those requirements in order to be licensed
in that issuing jurisdiction.
d. The person previously passed an examination required by
the other issuing jurisdiction for licensure, certification,
or registration, if applicable.
e. The person has not had a license, certificate, or
registration revoked and has not voluntarily surrendered a
license, certificate, or registration in any other issuing
jurisdiction or country while under investigation for
unprofessional conduct.
f. The person has not had discipline imposed by any other
regulating entity in this state or another issuing jurisdiction
or country. If another jurisdiction has taken disciplinary
action against the person, the appropriate licensing board
shall determine if the cause for the action was corrected and
the matter resolved. If the licensing board determines that
the matter has not been resolved by the jurisdiction imposing
discipline, the licensing board shall not issue or deny a
license, certificate, or registration to the person until the
matter is resolved.
g. The person does not have a complaint, allegation, or
investigation pending before any regulating entity in another
issuing jurisdiction or country that relates to unprofessional
conduct. If the person has any complaints, allegations, or
investigations pending, the appropriate licensing board shall
not issue or deny a license, certificate, or registration to
the person until the complaint, allegation, or investigation
is resolved.
h. The person pays all applicable fees.
i. The person does not have a criminal history that would
prevent the person from holding the license, certificate, or
registration applied for in this state.
2. A person licensed pursuant to this section is subject to
the laws regulating the person’s practice in this state and is
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subject to the jurisdiction of the appropriate licensing board.
3. This section does not apply to any of the following:
a. The ability of a licensing board, agency, or department
to require the submission of fingerprints or completion of a
criminal history check.
b. Criteria for a license, certificate, or registration that
is established by an interstate compact.
c. The ability of a licensing board, agency, or department
to require a person to take and pass an examination specific to
the laws of this state prior to issuing a license. A licensing
board, agency, or department that requires an applicant to take
and pass an examination specific to the laws of this state
shall issue an applicant a temporary license that is valid
for a period of three months and may be renewed once for an
additional period of three months.
d. A license issued by the department of transportation.
e. A person who is licensed by another issuing jurisdiction
and is granted a privilege to practice in this state by another
provision of law without receiving a license in this state.
f. A person applying for a license through a national
licensing organization.
4. A license, certificate, or registration issued
pursuant to this section does not grant the person receiving
the license, certificate, or registration eligibility to
practice pursuant to an interstate compact. A licensing
board shall determine eligibility for a person to hold a
license, certificate, or registration pursuant to this section
regardless of the person’s eligibility to practice pursuant to
an interstate compact.
5. For the purposes of this section, “issuing jurisdiction”
means the duly constituted authority in another state that has
issued a professional license, certificate, or registration to
a person.
Sec. 27. NEW SECTION . 272C.13 Educational requirements ——
work experience.
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1. Except as provided in subsection 2, a person applying
for a professional or occupational license, certificate,
or registration in this state who relocates to this state
from another state that did not require a professional or
occupational license, certificate, or registration to practice
the person’s profession or occupation shall be considered
to have met any education, training, or work experience
requirements imposed by a licensing board in this state if the
person has three or more years of related work experience with
a substantially similar scope of practice within the four years
preceding the date of application as determined by the board.
2. This section does not apply to a license, certificate,
or registration issued by the board of medicine, the board of
nursing, the dental board, or the board of pharmacy.
3. This section does not limit the ability of a licensing
board, agency, or department to require a person to take and
pass an examination specific to the laws of this state prior to
issuing a license.
Sec. 28. NEW SECTION . 272C.14 Waiver of fees.
A licensing board, agency, or department shall waive any
fee charged to an applicant for a license if the applicant’s
household income does not exceed two hundred percent of the
federal poverty income guidelines and the applicant is applying
for the license for the first time in this state.
Sec. 29. NEW SECTION . 272C.15 Disqualifications for
criminal convictions limited.
1. Notwithstanding any other provision of law to the
contrary, except for chapter 272, a person’s conviction of a
crime may be grounds for the denial, revocation, or suspension
of a license only if an unreasonable risk to public safety
exists because the offense directly relates to the duties
and responsibilities of the profession and the appropriate
licensing board, agency, or department does not grant an
exception pursuant to subsection 4.
2. A licensing board, agency, or department that may deny a
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license on the basis of an applicant’s conviction record shall
provide a list of the specific convictions that may disqualify
an applicant from receiving a license. Any such offense
shall be an offense that directly relates to the duties and
responsibilities of the profession.
3. A licensing board, agency, or department shall not deny
an application for a license on the basis of an arrest that
was not followed by a conviction or based on a finding that an
applicant lacks good character, suffers from moral turpitude,
or on other similar basis.
4. A licensing board, agency, or department shall grant
an exception to an applicant who would otherwise be denied a
license due to a criminal conviction if the following factors
establish by clear and convincing evidence that the applicant
is rehabilitated and an appropriate candidate for licensure:
a. The nature and seriousness of the crime for which the
applicant was convicted.
b. The amount of time that has passed since the commission
of the crime. There is a rebuttable presumption that an
applicant is rehabilitated and an appropriate candidate
for licensure five years after the date of the applicant’s
release from incarceration, provided that the applicant was
not convicted of sexual abuse in violation of section 709.4,
a sexually violent offense as defined in section 229A.2,
dependent adult abuse in violation of section 235B.20, a
forcible felony as defined in section 702.11, or domestic abuse
assault in violation of section 708.2A, and the applicant
has not been convicted of another crime after release from
incarceration.
c. The circumstances relative to the offense, including any
aggravating and mitigating circumstances or social conditions
surrounding the commission of the offense.
d. The age of the applicant at the time the offense was
committed.
e. Any treatment undertaken by the applicant.
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f. Whether a certification of employability has been issued
to the applicant pursuant to section 906.19.
g. Any letters of reference submitted on behalf of the
applicant.
h. All other relevant evidence of rehabilitation and present
fitness of the applicant.
5. An applicant may petition the relevant licensing board,
agency, or department, in a form prescribed by the board,
agency, or department, for a determination as to whether the
applicant’s criminal record will prevent the applicant from
receiving a license. The board, agency, or department shall
issue such a determination at the next regularly scheduled
meeting of the board, agency, or department or within thirty
days of receiving the petition, whichever is later. The
board, agency, or department shall hold a closed session
while determining whether an applicant’s criminal record will
prevent the applicant from receiving a license and while
determining whether to deny an applicant’s application on
the basis of an applicant’s criminal conviction. A board,
agency, or department may charge a fee to recoup the costs of
such a determination, provided that such fee shall not exceed
twenty-five dollars.
6. a. A licensing board, agency, or department that
denies an applicant a license solely or partly because of
the applicant’s prior conviction of a crime shall notify the
applicant in writing of all of the following:
(1) The grounds for the denial or disqualification.
(2) That the applicant has the right to a hearing to
challenge the licensing authority’s decision.
(3) The earliest date the applicant may submit a new
application.
(4) That evidence of rehabilitation of the applicant may be
considered upon reapplication.
b. A determination by a licensing board, agency, or
department that an applicant’s criminal conviction is
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specifically listed as a disqualifying conviction and the
offense directly relates to the duties and responsibilities
of the applicant’s profession must be documented in written
findings for each factor specified in subsection 4 sufficient
for a review by a court.
c. In any administrative or civil hearing authorized by
this section or chapter 17A, a licensing board, agency, or
department shall carry the burden of proof on the question of
whether the applicant’s criminal offense directly relates to
the duties and responsibilities of the profession for which the
license is sought.
7. A board, agency, or department may require an applicant
with a criminal record to submit the applicant’s complete
criminal record detailing an applicant’s offenses with an
application. A board, agency, or department may also require
an applicant with a criminal record to submit a personal
statement regarding whether each offense directly relates to
the duties and performance of the applicant’s occupation. For
the purposes of this subsection, “complete criminal record”
includes the complaint and judgment of conviction for each
offense of which the applicant has been convicted.
Sec. 30. RULEMAKING PROCEDURES AND APPLICABILITY.
1. The boards designated in section 147.13 other than the
board of medicine, the board of nursing, the dental board, and
the board of pharmacy, when carrying out rulemaking pursuant to
chapter 17A to implement the provisions of this Act, shall each
adopt the same rules, which shall be applicable to all such
boards. The bureau of professional licensure of the department
of public health shall assist the boards in carrying out such
rulemaking.
2. The accountancy examining board, the architectural
examining board, the engineering and land surveying examining
board, the interior design examining board, the landscape
architectural examining board, and the real estate commission,
when carrying out rulemaking pursuant to chapter 17A to
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implement the provisions of this Act, shall each adopt the same
rules, which shall be applicable to all such boards and the
real estate commission. The professional licensing bureau of
the department of commerce shall assist the boards and the real
estate commission in carrying out such rulemaking.
3. This section shall not apply to any rulemaking pursuant
to chapter 17A by a board or commission to implement the
provisions of this Act that the board or commission determines
is necessary to address circumstances or legal requirements
uniquely applicable to the board or commission.
Sec. 31. EFFECTIVE DATE. This division of this Act takes
effect January 1, 2021.
DIVISION II
TEMPORARY EXTENSIONS AND REGULATORY CHANGES
Sec. 32. Section 22.2, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 2A. If feasible, the custodian of a public
record may provide for the electronic examination and copying
of a public record in lieu of requiring in-person examination
and copying of a public record. This subsection does not apply
to searches of all indexes, general and specific, of public
records relating to documents, instruments, and muniments of
title, for the purpose of performing title searches, real
property searches, or creating real property abstracts.
Sec. 33. Section 22.4, Code 2020, is amended to read as
follows:
22.4 Hours when available Public records requests .
The rights of persons under this chapter may be exercised
under any of the following circumstances:
1. In person, at any time during the customary office hours
of the lawful custodian of the records. However, if the lawful
custodian does not have customary office hours of at least
thirty hours per week, such right may be exercised at any time
from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday
through Friday, excluding legal holidays, unless the person
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exercising such right and the lawful custodian agree on a
different time.
2. In writing, by telephone, or by electronic means. The
lawful custodian of the records shall post clear directions
for making requests in writing, by telephone, or by electronic
means in a prominent place that is easily accessible to the
public.
Sec. 34. Section 80A.1, subsection 12, Code 2020, is amended
to read as follows:
12. “Private security business” means a business of
furnishing, for hire or reward, guards, watch personnel,
armored car personnel, patrol personnel, or other persons to
protect persons or property, to prevent the unlawful taking of
goods and merchandise, or to prevent the misappropriation or
concealment of goods, merchandise, money, securities, or other
valuable documents or papers, and includes an individual who
for hire patrols, watches, or guards a residential, industrial,
or business property or district. “Private security business”
does not include a business for debt collection as defined in
section 537.7102.
Sec. 35. Section 89A.3, subsection 2, paragraph i, Code
2020, is amended to read as follows:
i. The amount of fees charged and collected for inspection,
permits, and commissions. Fees shall be set at an amount
sufficient to cover costs as determined from consideration
of the reasonable time required to conduct an inspection,
reasonable hourly wages paid to inspectors, and reasonable
transportation and similar expenses. The safety board shall
also be authorized to consider setting reduced fees for
nonprofit associations and nonprofit corporations, as described
in chapters 501B and 504.
Sec. 36. Section 125.38, subsection 1, Code 2020, is amended
to read as follows:
1. Subject to reasonable rules regarding hours of
visitation which the department may adopt, a patient in
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a facility shall be granted an opportunity for adequate
consultation with counsel, and for continuing contact with
family and friends consistent with an effective treatment
program , provided that such consultation and contact may be
provided telephonically or electronically .
Sec. 37. Section 135B.5, subsection 1, Code 2020, is amended
to read as follows:
1. Upon receipt of an application for license and the
license fee, the department shall issue a license if the
applicant and hospital facilities comply with this chapter ,
chapter 135 , and the rules of the department. Each licensee
shall receive annual reapproval upon payment of five hundred
dollars and upon filing of an application form which is
available from the department. The annual licensure fee shall
be dedicated to support and provide educational programs on
regulatory issues for hospitals licensed under this chapter in
consultation with the hospital licensing board . Licenses shall
be either general or restricted in form. Each license shall be
issued only for the premises and persons or governmental units
named in the application and is not transferable or assignable
except with the written approval of the department. Licenses
shall be posted in a conspicuous place on the licensed premises
as prescribed by rule of the department.
Sec. 38. Section 135B.7, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. The department, with the advice and approval of the
hospital licensing board and approval of the state board of
health, shall adopt rules setting out the standards for the
different types of hospitals to be licensed under this chapter .
The department shall enforce the rules.
Sec. 39. Section 272.2, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. License practitioners, which includes the authority to
establish criteria for the licenses; establish issuance and
renewal requirements , provided that a continuing education
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requirement may be completed by electronic means ; create
application and renewal forms; create licenses that authorize
different instructional functions or specialties; develop a
code of professional rights and responsibilities, practices,
and ethics, which shall, among other things, address the
failure of a practitioner to fulfill contractual obligations
under section 279.13 ; and develop any other classifications,
distinctions, and procedures which may be necessary to exercise
licensing duties. In addressing the failure of a practitioner
to fulfill contractual obligations, the board shall consider
factors beyond the practitioner’s control.
Sec. 40. Section 483A.24, subsection 3, paragraph a, Code
2020, is amended to read as follows:
a. Fifty of the nonresident deer hunting licenses shall
be allocated as requested by a majority of a committee
consisting of the majority leader of the senate, speaker of
the house of representatives, and director of the economic
development authority, or their designees determined by the
department . The licenses provided pursuant to this subsection
shall be in addition to the number of nonresident licenses
authorized pursuant to section 483A.8 . The purpose of the
special nonresident licenses is to allow state officials and
local development groups to promote the state and its natural
resources to nonresident guests and dignitaries. Photographs,
videotapes, or any other form of media resulting from the
hunting visitation shall not be used for political campaign
purposes. The nonresident licenses shall be issued without
application upon purchase of a nonresident annual hunting
license that includes the wildlife habitat fee and the purchase
of a nonresident deer hunting license. The licenses are valid
in all zones open to deer hunting. The hunter education
certificate requirement pursuant to section 483A.27 is waived
for a nonresident issued a license pursuant to this subsection .
Sec. 41. Section 483A.24, subsection 4, paragraph a, Code
2020, is amended to read as follows:
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a. Fifty of the nonresident wild turkey hunting licenses
shall be allocated as requested by a majority of a committee
consisting of the majority leader of the senate, speaker of
the house of representatives, and director of the economic
development authority, or their designees determined by the
department . The licenses provided pursuant to this subsection
shall be in addition to the number of nonresident licenses
authorized pursuant to section 483A.7 . The purpose of the
special nonresident licenses is to allow state officials and
local development groups to promote the state and its natural
resources to nonresident guests and dignitaries. Photographs,
videotapes, or any other form of media resulting from the
hunting visitation shall not be used for political campaign
purposes. The nonresident licenses shall be issued without
application upon purchase of a nonresident annual hunting
license that includes the wildlife habitat fee and the purchase
of a nonresident wild turkey hunting license. The licenses are
valid in all zones open to wild turkey hunting. The hunter
education certificate requirement pursuant to section 483A.27
is waived for a nonresident issued a license pursuant to this
subsection .
Sec. 42. Section 543D.9, Code 2020, is amended to read as
follows:
543D.9 Education and experience requirement.
The board shall determine what real estate appraisal or
real estate appraisal review experience and what education
shall be required to provide appropriate assurance that
an applicant for certification is competent to perform the
certified appraisal work which is within the scope of practice
defined by the board. All experience required for initial
certification shall be performed as a registered associate
real estate appraiser acting under the direct supervision of
a certified real estate appraiser who meets the supervisory
requirements established by applicable federal authorities or
federal law, rule, or policy in effect at the time the hours
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of experience are claimed , except as the board may provide by
rule. Subject to requirements or limitations established by
applicable federal authorities or federal law, rule, or policy,
hours qualifying for experience in a bordering state will
be considered qualifying hours for experience in this state
without requiring a waiver or authorization from the board in
accordance with rules and standards adopted by the board, as
long as a majority of qualifying hours are completed in this
state. Qualifying hours completed in a bordering state shall
be under the direct supervision of a certified real estate
appraiser with active certification in that bordering state.
The board shall prescribe a required minimum number of tested
hours of education relating to the provisions of this chapter ,
the uniform appraisal standards, and other rules issued in
accordance with this chapter .
Sec. 43. Section 544A.8, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 5. A person applying to the board for
licensure who has passed a module of the architect registration
examination but failed to pass the exam shall not be required
to retake the module that the applicant previously passed in
subsequent examinations.
Sec. 44. REPEAL. Chapter 9D, Code 2020, is repealed.
Sec. 45. REPEAL. Sections 135B.10 and 135B.11, Code 2020,
are repealed.
Sec. 46. 2018 Iowa Acts, chapter 1142, section 8, as amended
by 2019 Iowa Acts, chapter 85, section 118, is amended to read
as follows:
SEC. 8. FUTURE REPEAL. Section 155A.44 , Code 2018, is
repealed effective July 1, 2020 2021 .
Sec. 47. CONTINUING EDUCATION REQUIREMENTS. The dental
board, state board of health, board of pharmacy, board of
medicine, board of nursing, and board of physician assistants
shall require licensees required to complete continuing
education credits prior to the renewal of a license set to
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expire in 2020 to complete such continuing education credits by
December 31, 2020. A license set to expire in 2020 shall not
expire until December 31, 2020.
Sec. 48. CONTINUING EDUCATION —— ELECTRONIC MEANS. For the
period beginning on the effective date of this Act through June
30, 2021, notwithstanding any provision of law to the contrary,
each licensing board, as defined in section 272C.1, shall allow
licensees to satisfy continuing education requirements by
electronic means.
Sec. 49. SCHOOL PHYSICALS —— TEMPORARY PROVISIONS. For
the period beginning on the effective date of this Act through
December 31, 2020, a student participating in interscholastic
athletics who presents to the student’s superintendent a
certificate signed on or after July 1, 2019, by a licensed
physician or surgeon, osteopathic physician or surgeon,
chiropractor, physician assistant, or advanced registered nurse
practitioner, to the effect that the student has been examined
and may safely engage in athletic competition, shall be deemed
to have complied with the regulatory provisions of 281 IAC
36.14(1).
Sec. 50. SHAREHOLDER MEETINGS —— TEMPORARY PROVISIONS. For
the period beginning on the effective date of this Act
through December 31, 2020, notwithstanding the provisions of
chapters 490, 491, 499, and 501A requiring an in-person meeting
of shareholders, policyholders, or members, an in-person
meeting of shareholders, policyholders, or members shall
not be required if the meeting is held by means of remote
communication and provides shareholders, policyholders, or
members a reasonable opportunity to participate in the meeting
and to vote on matters submitted for action at such meeting,
including an opportunity to communicate and to read or hear the
proceedings of the meeting, substantially concurrent with the
occurrence of such meeting.
Sec. 51. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
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EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to governmental and regulatory matters.
The bill is organized into divisions.
DIVISION I —— PROFESSIONAL LICENSING. This division relates
to the granting of professional licenses, certifications, and
registrations.
DISQUALIFICATIONS FOR CRIMINAL CONVICTIONS. The bill
provides that a person can only be disqualified from holding a
professional license or have a professional license revoked for
conviction of a crime under certain circumstances. In order
for a conviction of a crime to serve as a disqualification
from holding a professional license, the actions taken in
furtherance of the crime must be actions which are customarily
performed within the scope of practice of a licensed profession
or the offense must have been committed under circumstances
that are customary to a licensed profession. The bill requires
a licensing board that may disqualify an applicant on the basis
of a criminal conviction to provide a list of the convictions
that may disqualify an applicant. If an applicant would
otherwise be disqualified from holding a professional license,
the bill requires the issuing board to grant an exception if
the board determines by clear and convincing evidence that the
applicant is rehabilitated and an appropriate candidate for
licensure. The bill allows a person to submit a form to the
appropriate licensing board to determine whether that person’s
conviction of the crime would serve to disqualify that person
from holding a professional license. The bill prohibits a
board from denying a license on the basis of an arrest not
followed by a conviction or on the applicant’s lack of good
character.
The bill strikes specific Code provisions regarding
disqualifications from holding a professional license on
the basis of a criminal conviction in Code chapters 103
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(electricians and electrical contractors), 105 (plumbers,
mechanical professionals, and contractors), 147 (general
provisions, health-related professions), 147A (emergency
medical care —— trauma care), 148 (medicine and surgery), 148H
(genetic counseling), 151 (chiropractic), 152 (nursing), 153
(dentistry), 154A (hearing aids), 156 (funeral directing,
mortuary science, and cremation), 272 (educational examiners
board) and 272C (regulation of licensed professions and
occupations).
LICENSURE OF PERSONS LICENSED IN OTHER JURISDICTIONS. The
bill requires that a professional or occupational license,
certificate, or registration be issued to a person without an
examination if 1) that person establishes residency in Iowa
or 2) that person is married to an active duty member of the
military forces and is accompanying the member on an official
permanent change of station to a military installation in Iowa.
The bill requires a licensing board to grant a professional
license to a person from out of state who: establishes
residency in Iowa; is married to an active duty member of the
military forces who is stationed in Iowa; currently holds a
substantially equivalent license from another jurisdiction;
has held a license for a least one year; is in good standing
in all jurisdictions where the person is licensed; completed
minimum educational, work, and clinical requirements or three
or more years of related work experience in a substantially
similar scope of practice if the person practiced the person’s
profession in a state that did not require a license as
determined by the board; passed an examination required
by the jurisdiction; has not had a license revoked or
voluntarily surrendered a license while under investigation
for unprofessional conduct; has not had discipline imposed,
unless the issue has been resolved; does not have a complaint,
allegation, or investigation pending against the person; pays
applicable fees; and does not have a disqualifying conviction.
The bill allows a board to require a person licensed in another
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S.F. 2418
state to pass the relevant board’s licensing exam on Iowa law
and submit fingerprints. The reciprocity requirements do not
apply to licenses issued by the department of transportation,
to a person granted a privilege to practice in this state due
to holding a license in another state, or to a person applying
for a license through a national licensing organization.
A person who receives a license in Iowa pursuant to this
process is not eligible to practice in another state under an
interstate licensure compact.
A person who receives a reciprocal license, certificate,
or registration becomes subject to the laws regulating the
profession or occupation in Iowa and to the jurisdiction of
the appropriate licensing board regulating the profession or
occupation in Iowa. A licensing board may require an applicant
for a reciprocal license to submit fingerprints and may perform
a criminal history check.
The bill requires a licensing board, agency, or department
to waive the application fee for an applicant for a license if
the applicant’s household income does not exceed 200 percent
of the federal poverty level and the person has not previously
applied for the same license in Iowa.
The bill requires certain health-related boards to adopt
identical rules to implement this division. The bill also
requires certain other boards to adopt identical rules to
implement this division.
The division takes effect January 1, 2021.
DIVISION II —— TEMPORARY EXTENSIONS AND REGULATORY CHANGES.
This division makes miscellaneous changes.
The bill allows a custodian of public records to provide
for the electronic examination and copying of public records
in lieu of requiring in-person examination and copying under
certain circumstances. The bill requires the custodian of
public records to post clear instructions regarding how public
records requests can be made.
The bill excludes businesses for debt collection from the
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definition of “private security business”.
The bill allows the elevator safety board to consider
setting reduced inspection, permit, and collection fees for
nonprofit associations and nonprofit corporations.
The bill allows a patient in a substance-related disorder
treatment facility to receive attorney consultations and family
visitations by telephonic or electronic means.
The bill eliminates the hospital licensing board and removes
the requirement that the department of inspections and appeals
consult with the hospital licensing board on the expenditure of
hospital license renewal fees and on the adoption of standards
for types of hospitals.
The bill allows persons licensed by the board of educational
examiners to complete continuing education requirements by
electronic means.
The bill requires the department of natural resources
rather than a committee composed of the majority leader of the
senate, the speaker of the house of representatives, and the
director of the economic development authority to allocate
50 nonresident deer hunting licenses and 50 nonresident wild
turkey hunting licenses.
The bill requires an applicant for a real estate appraisal
certification to meet supervisory requirements imposed by
federal law in effect at the time the hours of experience
for initial certification are claimed. The bill allows
qualifying hours obtained in a bordering state to be considered
as qualifying hours if they were obtained under the direct
supervision of a certified real estate appraiser with active
certification in the bordering state, subject to federal
requirements.
The bill allows a person applying for an architecture
license who has passed a module of the architect registration
examination but failed to pass the exam to forego completing
the module that the applicant previously passed in subsequent
examinations.
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The bill repeals Code chapter 9D, requiring travel agents
doing business in Iowa to register with the secretary of state.
The bill changes the date of the repeal of Code section
155A.44 relating to the administration of certain vaccines and
immunizations by licensed pharmacists from July 1, 2020, to
July 1, 2021.
The bill requires the dental board, state board of health,
board of pharmacy, board of medicine, board of nursing, and
board of physician assistants to require licensees required
to complete continuing education credits prior to the renewal
of a license expiring in 2020 to complete such credits by
December 31, 2020. The bill also sets the expiration date for
any licenses issued by those boards set to expire in 2020 to
December 31, 2020.
The bill requires licensing boards to allow licensees to
satisfy continuing education requirements by electronic means
through June 30, 2021.
For the period beginning on the effective date of the bill
through December 31, 2020, the bill provides that a student
participating in interscholastic athletics who presents to the
student’s superintendent a certificate signed by a health care
practitioner on or after July 1, 2019, stating that the student
may safely engage in athletic competition shall be deemed
to have satisfied the physical examination requirements for
participating in interscholastic athletics.
For the period beginning on the effective date of the
bill through December 31, 2020, the bill allows a meeting of
shareholders, policyholders, or members that must normally be
held in person to be held by means of remote communication that
allows shareholders, policyholders, or members to participate
in the meeting substantially concurrent with the occurrence of
the meeting.
The division of the bill takes effect upon enactment.
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