Iowa › docs › publications › IACS › 802344.pdf · lAC Supp. PREFACE lAC 8/12/87 Pursuant to Iowa Code section 17A.6, the Iowa Administrative Code [lAC] Supplement is published

~ate of JJowa

Iowa Administrative

Code

Supplement Biweekly

August 26, 1987

PHYLLIS BARRY D EPUTY CODE EDITOR

DONNA WATERS ADMIN ISTRATIVE CODE A SSISTANT

P UBLISHED BY T ilE

STATE OF IOWA UNDER AUTHORITY OF IOWA CODE SECTION 17A.6

lAC Supp. PREFACE lAC 8/12/87

Pursuant to Iowa Code section 17A.6, the Iowa Administrative Code [lAC] Supplement is published biweekly.

The Supplement contains replacement pages to be inserted in the loose-leaf lAC according to instructions in the respective Supplement. Replacement pages incorporate amendments to existing rules or entirely new rules or emergency or temporary rules which have been adopted by the agency and filed with the Administrative Rules Co-ordinator as provided in sections 7.17, 17 A.4 to 17 A.6. [It may be necessary to refer to the Iowa Administrative Bulletin* to determine the specific change.] The Supplement may also contain new or replacement pages for "General Information," Tables of Rules Implementing Statutes, and Index.

When objections are filed to rules by the Administrative Rules Review Committee, Governor or the Attorney General, the context will be published with the rule to which the objection applies.

Any delay by the Administrative Rules Review Committee of the effective date of filed rules will also be published in the Supplement.

Each page in the Supplement contains a line at the top similar to the following~

lAC 9124/ 86 Employment Services[341] Ch I, p.7

•section 17A.6 has mandated that the "Iowa Administrative Bulletin" be published in pamphlet form. The Bulletin will contain Notices of Intended Action, Filed Rules, effective date delays, Economic Impact Statements, and the context of objections to rules filed by the Committee, Governor, or the Attorney General.

In addition, the Bulletin shall contain all proclamations and executive orders of the Governor which a re general and permanent in nature, as well as other materials which are deemed fitting and proper by the Committee.

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L'C Supp. 8/26/87 Instructions

INSTRUCTIONS FOR

Updating Iowa Administrative Code with Biweekly Supplement

Page 1

NOTE: Please review the "Preface" for both the Iowa Administrative Code and Biweekly Supplement and follow carefully the updating instructions.

The boldface entries in the left-hand column of the updating instructions correspond to the tab sections in the lAC Binders.

Obsolete pages to lAC are listed in the column headed "Remove Old Pages." New and replacement pages in this Supplement are listed in the column headed "Insert New Pages." It is important to follow instructions in both columns.

Editor's phone: (515) 281-3355 or (515) 281-8157

UPDATING INSTRUCTIONS August 26, 1987, Biweekly Supplement

IOWA ADMINISTRATIVE CODE

Remove Old Pages* Insert New Pages

DENTAL EXAMINERS, BOARD OF[320] Analysis, p.3 Analysis, p.3

Ch 51, p.4 Ch 51, p·.4

NURSING, BOARD OF[590] Analysis, p.1- Page 1

Ch 8, p.1

PHARMACY EXAMINERS, BOARD OF[620] Analysis, p.1- Analysis, p.1-

Ch 2, p.2 Ch 2, p.2 Ch 8, p.13 Ch 8, p.13, 13a Ch 8, p.18, 19 Ch 8, p.18, 19

SECREfARY OF STATE[750] Ch 4, p.5-Ch 6, p.1 Ch 4, p.5-Ch 6, p.1

SHORTHAND REPORTERS, BOARD OF EXAMINERS[760] Ch 1, p.1-Ch 3, p.3 Page 1

*It is recommended that "Old Pages" be retained indefmitely in a place of your choice. They may prove helpful in tracing the history of a rule.

Page 2 Instructions lAC Supp. 8/26/87

Remove Old Pages* Insert New Pages

The following are some of the "umbrella" Departments, Commissions, and Divisions created by state government reorganization.

ATTORNEY GENERAL[61] Analysis, p.l, 2

Insurance Division[191] Analysis, p.3, 4 Ch 16, p.5-Ch 20, p.l

Utilities Division[199] Ch 16, p.38-Ch 16, p.41

Labor Services Division[347] Ch 10, p.2-Ch 26, p.1 Ch 28, p.1

INSPECTIONS AND APPEALS

DEPARTMENT[481]

NATURAL RESOURCES DEP ARTMENT[561]

Natural Resource Commission(571]

PUBLIC HEALTH DEPARTMENT[641]

Nursing Board[655]**

Index

Analysis, p.l, 2 Ch 7, p.2 Ch 21, p.1-Ch 50, p.2

Ch 6, p.1-Ch 9, p.l

Ch 24, p.3-Ch 24, p.6

"B" Tab, p.S, 6 "D" Tab, p.1-6 "H" Tab, p.1-20 "P" Tab, p.21-22a

Analysis, p.1, 2 Ch 25, p.1

Analysis, p.3, 4 Ch 16, p.5-Ch 20, p.1

Ch 16, p.38-Ch 16, p.43

Ch 10, p.2-Ch 26, p.1 Ch 28, p.1

Analysis, p.1, 2 Ch 7, p.2 Ch 30, p.1-Ch 50, p.2

Ch 6, p.l-Ch 9, p.1

Ch 24, p.3-Ch 24, p.6

Corresponding Numbers, p.1-4 Insert before Analysis, p.l

Analysis, p.1-Ch 7, p.4

"B" Tab, p.S, 6 "D" Tab, p.1-6a "H" Tab, p.1-20 "P" Tab, p.21-22b

*It is recommended that "Old Pages" be retained indefinitely in a place of your choice. They may prove helpful in tracing the history of a rule.

**Tab will be provided in a subsequent Supplement.

lAC 8/26/87

CHAPTER 31 COMPLAINTS

31.1(153) Complaints 31.2(153) Procedure for review 31.3(153) Peer review committee

Dental Examiners[320]

31.4(153) Duties of peer review committees

31.5(153) Board review of recommendations

31.6(153) Report of malpractice claims or adions

TITLES VII TO X

CHAPTERS 32 to 50 Reserved

CHAPTER 51 PROCEDURAL RULES

51.1 (153) Definitions 51.2(153) Order to show cause, revoca

tion, suspension 51.3(153) Service of citation or order to

show cause 51.4(153) Time and place of hearing 51.5(153) Right of personal appearance 51.6(153) Depositions for use as evidence

in the hearing 51. 7(153) Conduct of the hearing 51.8(153) Evidence 51.9(153) Decision in contested case 51.10(153) Form of decision-findings 51.11(153) Effective date of decision-

stay of execution-notice to licensee

51.12(153) Publication of decisions

Analysis, p.3

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lAC 8/26/87 Dental Examiners[320] Ch 51, p.4

320-51.10(153) Form of decision-findings. Every decision and order adverse to a party to the proceeding shall be in writing and shall contain a statement of findings or reasons, a determination of the issues presented, and decision of the board. The findings shall consist of a statement of the conclusions upon each contested issue of fact necessary to the decision. Parties to the proceedings shall be notified of the decision and order in person or by mail. A copy of the decision and order and accompanying statement of reasons together with proof of service shall be delivered or mailed, upon request, to the respondent or to the respondent's attorney of record.

320-51.11(153) Effective date of decision-stay of execution-notice to licensee. 51.11 (1) The decision or order of the board shall become effective immediately upon its

service on respondent; provided, however, that the board may, in its discretion, stay the enforcement of its decision pending appeal or reconsideration which thirty days after said service.

51.11(2) The board may, upon its own motion or upon petition of respondent, reconsider or grant a rehearing of any decision rendered in a contested case or may condition any such decision upon just and reasonable grounds.

51.11(3) The tiling of a petition for review shall not automatically stay the enforcement of the board decision.

320-51.12(153) PubHcation of decisions. Final decisions of the board relating to licensee discipline shall be transmitted to the appropriate state and national professional associations and news media which may include a newspaper(s) of general circulation to be selected by the board and to other news media upon request.

This rule is intended to implement Iowa Code sections 258A.5 and 17 A.22. [Filed October 23, 1968]

[Filed 8/23/78, Notice 6/28/78-published 9/20/78, effective 10/25/78] [Filed 3/18/82, Notice 2/3/82-published 4/14/82, effective 5/19/82] [Filed 12/14/84, Notice 10/10/84-published 112/85, effective 2/6/85] [Filed 3/20/86, Notice 9/11185-published 4/9/86, effective 5/14/86] [Filed 8/5/87, Notice 4/8/87-published 8/26/87, effective 9/30/87]

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lAC 8/26/87 Nursing Board[590] Page 1

\..,J NURSING, BOARD OF[590]

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Rules transferred to agency number [655] to conform with reorganization numbering scheme in general, lAC Supplement 8/26/87.

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lAC 8/26/87 Pharmacy[620] Analysis, p.1

PHARMACY EXAMINERS, BOARD OF[620]

CHAPTER 1 LICENSURE

1.1(147) Licensure examination dates 1.2(147) Examination fee 1.3(147) Reserved 1.4(147) Notarized statement 1.5(147) Re-examination applications and

fees 1.6(147) Records preserved 1. 7 (14 7) Reserved 1.8(147) Date of notice 1. 9(155) Internship requirements 1.10 Reserved 1.11(155) College graduate certification 1.12(155) Application for examination -

requirements 1.13(155) Examination subjects 1.14(155) Transfer of exam scores 1.15(155) Foreign pharmacy graduates

CHAPTER 2 PHARMACY BUSINESS LICENSES

2.1(155) Pharmacy business license requirements

2.2(155) Change of residence and sanita-tion requirements

2.3(155) Reference library and prescrip-tion equipment

2.4(155) Prescription compounding and dispensing area

2.5(155,204) Prescription information and transfer

2.6(203A) Return of drugs and appliances

2.7(155) Pharmacist temporary absence

CHAPTER 3 MINIMUM STANDARDS FOR

EVALUATING PRACTICAL EXPERIENCE

3.1(155) Internship 3.2(155) Effective date 3.3(155) Definitions 3.4(155) Supervision of interns 3.5(155) ·Registration and reporting 3.6(155) Training requirements 3. 7 Reserved

CHAPTER4 LICENSE FEES, RENEWAL DATES, FEES FOR DUPLICATE LICENSES

AND CERTIFICATION OF GRADES 4.1(147) Renewal date and fee-late

application 4.2(155) Fees 4.3(147) Fee-certification of grades 4.4(155) Pharmacy license-fees 4.5(155) Wholesale license-fees

CHAPTER 5 LICENSURE BY RECIPROCITY

5.1(147) Reciprocity fee 5.2(147) Necessary credentials 5.3(147) Fiscallicensure 5.4(147) Eligibility for reciprocity

CHAPTER 6 MINIMUM STANDARDS FOR THE

PRACTICE OF PHARMACY 6.1 (155) Authorized person 6.2(155) Reserved 6.3(203A) Prepackaging 6.4(203A) Bulk compounding 6.5(147) Unethical conduct or practice 6.6(203A) Truth in advertising in any

media 6. 7(203A) Prescription pricing 6.8(258A) Continuing education require

ments as a condition for license renewal

6.9(155) Nuclear pharmacy-purpose and scope

6.10 Reserved 6.11(155,203A) Unit dose dispensing

systems 6.12(155) Legal status of prescriptions 6.13(155,204) Automated patient record

systems 6.14(155,203A) IV Infusion products 6.15(155,203A) Patient med paks

Analysis, p.2 Pharmacy[620] lAC 2/25/87

CHAPTER 7 ITINERANT VENDORS

7 .1(203) Duplicate vendor's license 7 .2(203) License period

CHAPTERS CONTROLLED SUBSTANCES

8.1(204) Drug control program administrator

8.2(204) Who must register 8.3(204) Registration and re-registration

fee 8.4(204) Exemptions-registration fee 8.5(204) Revision of controlled substances

schedules 8.6(204) Certificate of registration-denial

of registration-contents 8. 7(204) Suspension or revocation of reg-

istration 8.8(204) Order to show cause 8. 9(204) Waiver or modification of rules 8.10(204) Security requirements generally 8.11 (204) Manner of issuance of prescrip-

tions 8.12(204) Dispensing of narcotic drugs for

maintenance purposes 8.13(204) Controlled substances listed in

schedule II - requirement of prescription

8.14(204) Reserved 8.15(204) Records form-complimentary

packages 8.16(204) Who can administer 8. 17(204) Imitation controlled substance 8.18(204) Controlled substance inventory 8.19(204) Excluded substances . 8.20(204) Temporary designation of con

trolled substance 8.21(205) Purpose of issue of prescription 8.22(205) Requirement of prescription

CHAPTER 9 PURPOSE AND ORGANIZATION

9.1(17 A) Description and organization 9.2(17 A, 147, 155,203A,204,205) Adminis

trative hearings 9.3(155) License reinstatement 9.4(155) Voluntary surrender of a license

CHAPTER10 ~ DISCIPLINE

10.1 (258A) General 10.2(258A) Peer review committees 10.3(258A) Duties of peer review commit-

tees

CHAPTER II DRUGS IN EMERGENCY

MEDICAL VEHICLES 11.1 ( 155) Definitions 11.2(155) Guidelines

CHAPTER12 Reserved

lAC 8/26/87 Pharmacy[620]

CHAPTER 1 LICENSURE

Ch 1, p.l

620--1.1(147) Licensure examination dates. The board of pharmacy examiners shall fix the dates for the examination both in Des Moines and Iowa City and applications must be presented to the board at least ten days before the dates set for the examination.

620-1.2(147) Examination fee. The fee for examination shall consist of an administration fee and an examination material fee. The administration fee shall be one hundred dollars and shall be payable to the Iowa board of pharmacy examiners. No refunds of the administration fee will be made for cancellations occurring later than thirty days prior to the examination date. The examination material fee shall be an amount determined by the National Association Boards of Pharmacy (NABP). The examination material fee shall be payable to NABP in the form of a certified check, bank draft or money order. Refund of the examination material fee will be made for cancellations. The administration fee and the examination material fee must accompany the application.

This rule is intended to implement Iowa Code section 147.94.

620--1.3(147) Rescinded, effective January 19, 1977.

620--1.4(147) Notarized statement. The application for examination shall be made as a sworn statement.

620-1.5(147) Re-examination applications and fees. Each applicant for re-examination shall make a request on proper forms provided by the board. Administration fees of $40 and $20 will be charged to take the National Association of Boards of Pharmacy Licensure Exam (NABPLEX) and the Federal Drug Law Exam (FDLE), respectively. In addition, candidates will be required to pay an examination material fee. Payment of administration fees and examination material fees shall be as described in rule 620-1.2(147).


620--1.6(147) Records preserved. All applications, with necessary statements or requests for re-examination, shall be preserved in tlie tiles of the board of pharmacy examiners.

620--1.7(147) Rescinded, effective January 19, 1977.

620--1.8(147) Date of notice. Grades and certificates shall be mailed to each new registrant as soon after the examination as possible.

Ch 1, p.2 Pharmacy[620] lAC 6/4/86

620--1.9(155) Internship requirements. Each applicant must furnish to the board an \..,; employing pharmacist's affidavit giVing complete information covering internship experience in a pharmacy. Said experience must comply with the "Minimum Standards for Evaluating Practical Experience", as set forth in chapter 3 of these rules.

620--1.1 0(155) Rescinded.

620--1.11(155) College graduate certiftcation. Each applicant shall furnish a certificate from a recognized college of pharmacy stating that he has successfully graduated from a school or college of pharmacy offering a minimum five-year course graduating with a bachelor of science degree in pharmacy. A recognized, approved or accredited college of pharmacy is an institution which meets the minimum standards of the American Council on Pharmaceutical Education and appears on its list of accredited colleges or' pharmacy as published by the council as of July 1 of each year. ~

620--1.12(155) Application for examination-requirements. On each application for examination, the applicant must state his correct age; place of birth; name and location of high school and date of graduation; pharmaceutical experience under a registered pharmacist.

620-1.13(155) Examination subjects. 1.13(1) Applicants shall take the National Association of Boards of Pharmacy Licensure

Exam (NABPLEX). The passing score for the exam shall be no less than 75. Applicants shall also take the National Association of Boards of Pharmacy Federal Drug Law Exam (FDLE). The passing score for this exam shall be no less than 75 percent.

1.13(2) Rescinded, effective January 19, 1977. 1.13(3) Examinations on Iowa drug laws and federal drug laws shall be given to each appli- "--"'

cant before the issuance of any license to practice pharmacy. Rules 1.1(155) to 1.13(155) are intended to implement Iowa Code section 155.5 and chap

ters 147 and 155.

lAC 8/26/87 Pharmacy[620] Ch 2, p.1

620-1.14(155) Transfer of exam scores. 1.14(1) The board of pharmacy examiners will accept NABPLEX scores transferred from

another state board of pharmacy through NABP in lieu of the applicant taking NABPLEX in Iowa. Score transfer candidates shall be required to meet the standards established in rule 1.13(155) within twelve (12) months of the date of transfer.

1.14(2) A $40.00 fee will be charged when NABPLEX scores are transferred. In addition, the current renewal fee will be charged at the time of licensure.


620-1.15(155) Foreign pharmacy graduates. 1.15(1) Any applicant who is a graduate of a school or college of pharmacy located out

side the United States, which has not been recognized and approved by the board but who is otherwise qualified to apply for a license to practice pharmacy in Iowa shall be deemed to have satisfied the requirements of Iowa Code section 155.5, subsection 1, by verification to the board of the applicant's academic record and graduation. Each applicant shall have successfully passed the Foreign Pharmacy Graduate Equivalency Examination (FPGEE) given by the Foreign Pharmacy Graduate Examination Commission established by the National Association of Boards of Pharmacy which examination is hereby recognized and approved by the board. Each applicant shall also demonstrate proficiency in English by passing the Test of English as a Foreign Language (TOEFL) given by the educational testing service which examination is hereby recognized and approved by the board. Both the FPGEE and TOEFL exams are prerequisites to taking the licensure examination required in Iowa Code section 155.5, subsection 3.

1.15(2) Foreign pharmacy graduate applicants shall also be required to obtain 1500 hours of internship experience in a community or hospital pharmacy licensed by the board. Internship requirements shall, in all other aspects, meet the requirements established under chapter 3 of board rules.

This rule is intended to implement Iowa Code sections 155.5 and 155.9. [Filed April 11, 1968; amended November 14, 1973]

[Filed 11/24/76, Notice 10/20/76-published 12/15/76, effective 1/19/77) [Filed 1130/80, Notice 12/26/79-published 2/20/80, effective 6/1180] [Filed 12/1180, Notice 9/3/80-published 12/24/80, effective 1128/81] [Filed 2/12/81, Notice 9/3/80-published 3/4/81, effective 4/8/81]

[Filed 6/16/83, Notice 5/11/83-published 7/6/83, effective 8/10/83] [Filed 11/14/85, Notice 8/28/85-published 12/4/85, effective 1/8/86]

[Filed 5/14/86, Notice 4/9/86-published 6/4/86, effective 7/9/86] [Filed 1128/87, Notice 11/19/86-published 2/25/87, effective 4/1187] [Filed 8/5/87, Notice 6/3/87-published 8/26/87, effective 9/30/87]

CHAPTER2 PHARMACY BUSINESS LICENSES

620-2.1 (ISS) Pharmacy business Ucense requirements. 2.1(1} Each person must be not less than legal age. 2.1(2) Each person must be of good moral character. This rule is intended to implement Iowa Code section 155.12.

620-2.2(1SS) Change of residence and sanitation ~uirements. 2.2(1) Each pharmacy shall be provided with adequate lighting. 2.2(2) Storage areas, restrooms, basement and all other areas in the pharmacy shall be

kept in a thoroughly clean condition. 2.2(3) Every employer must notify the board of pharmacy examiners of any change of

address of his pharmacist. This rule is intended to implement Iowa Code section 155.17.

Ch 2, p.2 Pharmacy[620] lAC 6/4/86

620-2.3(155) Reference llbrary and prescription equipment. ~ 2.3(1) The following shall be deemed as minimum reference material required of a

pharmacy. a. The latest edition and supplements to the USP/NF; b. The latest edition and supplements to USP Dl, Drug Information for the Health Care

Provider; c. The latest edition and supplements to USP DI, Advice for the Patient; d. Current reference material, such as Facts and Comparisons or Pharmlndex; e. State pharmacy laws; f. An antidote chart or the telephone number of a poison control center. 2.3(2) The following shall be considered necessary equipment for the proper

compounding and dispensing of drugs and medicines. a. Class A prescription balance sensitive to 10 mg. \..1 b. Weights-metric and apothecary-complete set. c. Graduates capable of accurately measuring from 1 mi. to 250 mi. (15 minims to H

fluid ounces.) d. Mortars and pestles-glass, porcelain, or wedgewood. e. Spatulas-steel and nonmetallic. f. Filtration funnel with filter papers. g. A heating unit. h. Suitable refrigeration unit for proper storage of biologicals and other pharmaceuticals. i. Ointment slab or ointment paper or equivalent. j. Exempt narcotic and poison register. k. Glass stirring rods and indicator paper. I. Powder papers, parchment or wax. This rule is intended to implement Iowa Code section 155.18. \.,)

620-2.4(155) Prescription compounding and dispensing area. 2.4(1) Minimum area or space, where prescriptions are dispensed or compounded, shall

be no less than fifty square feet. Active and reserve storage area shall be double the dispensing and compounding space or larger as needed to meet the requirement of the pharmacy.

2.4(2) The prescription dispensing and compounding area shall be in open view and clearly identified.


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lAC 8/26/87 Pharmacy[620] Ch 8, p.13

postmarked within the seventy-two-hour period. Upon receipt, the dispensing pharmacist shall attach this prescription to the oral emergency prescription which 0 had earlier been reduced to writing. The pharmacist shall notify the board if the prescribing individual fails to deliver a written prescription to him, failure of the pharmacist to do so shall void the authority conferred by this subrule to dispense without a written prescription of a prescribing individual practitioner.

8.13(5) Emergency situations. For the purposes of authorizing an oral prescription of a controlled substance listed in schedule II of the Uniform Controlled Substances Act [Ch. 204 of the Code] the term "emergency situation" means those situations in which the prescribing practitioner determines:

a. That immediate administration of the controlled substance is necessary, for proper treatment of the intended ultimate user;

b. That no appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under schedule II of chapter 204;

c. That it is not reasonably possible for the prescribing practitoner to provide a written prescription to be presented to the person dispensing the substance, prior to the dispensing.

8.13(6) Partial filling of prescriptions. The partial filling of a prescription for a controlled substance listed in schedule II is permissible, if the pharmacist is unable to supply the full quantity called for in a written or emergency oral prescription and he makes a notation of the quantity supplied on the face of the written prescription (or written record of the emergency oral prescription). The remaining portion of the prescription must be filled within seventy-two hours of the first partial filling; however, if the remaining portion is not or cannot be filled within the seventy-two-hour period, the pharmacist shall so notify the prescribing individual practitioner. No further quantity may be supplied beyond seventy-two hours without a new prescription.

8.13(7) Labeling of substances. The pharmacist filling a written or emergency oral prescription for a controlled substance listed in schedule II shall affix to the package a label showing date of filling, the pharmacy name and address, the serial

0

number of the prescription, the name of the patient, the name of the prescribing practitioner, and directions for use and cautionary statements, if any, contained in such prescription or required by law.

8.13(8) Requirement of prescription. An institutional practitioner may administer or dispense directly (but not prescribe) a controlled substance listed in schedule III or IV pursuant to a written prescription signed by a prescribing individual practitioner, or pursuant to an oral prescription made by a prescribing individual practitioner and promptly reduced to writing by the pharmacist or pursuant to an order for medication made by an individual pracitioner which is dispensed for immediate administration to the ultimate user.

8.13(9) Refilling of prescriptions. No prescription for a controlled substance listed in schedule III, IV or V shall be filled or refilled more than six months after the date on which it was issued nor be refilled more than five times. Each refilling of a prescription shall be entered on the back of the prescription or on another appropriate document. If entered on another document, such as a medication record, the document must be uniformly maintained and readily retrievable. The following information must be retrievable by the prescription number: the name and dosage form of the controlled substance, the date filled or refilled, the quantity dispensed, initials of the dispensing pharmacist for each refill, and the total number of refills for that prescription. If the pharmacist merely initials and dates the back of the prescription, it shall be deemed that the full face amount of the prescription has been dispensed. The prescribing practitioner may authorize additional refills of schedule Ill, IV or V controlled substances on the original prescription through an oral refill authorization transmitted to the pharmacist, provided the following conditions are met:

a. The total quantity authorized, including the amount of the original prescription, does not exceed five refills nor extend beyond six months from the date of issue of the original prescription.

Ch 8, p.13a Pharmacy[620] lAC 8/26/87

b. The pharmacist who obtains the oral authorization records on the reverse of the original '..,~ prescription the date, quantity of refill, number of additional refills authorized, and initials the prescription showing who received the authorization from the prescribing practitioner who issued the original prescription.

c. The quantity of each additional refill authorized is equal to or less than the quantity authorized for the initial filling of the original prescription.

d. The prescribing practitioner must execute a new and separate prescription for any additional quantities beyond the five refill, six month limitation.

8.13(10) Partial filling of prescriptions. The partial filling of a prescription for a controlled substance listed in schedule III, IV, or V is permissible, provided that:

a. Each partial filling is recorded in the same manner as a refilling,

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lAC 8/12/87

TRADE NAME Thedrizem

Theobal

Phannacy[620]

DOSAGE FORM COMPOSITION Tablet Phenobarbital

Ephedrine hydrochloride Theophylline

Tablet Phenobarbital Ephedrine hydrochloride Theophylline

Theophylline Tablet Phenobarbital

Phenobarbital Guaifenesin Ephedrine Val-Tep Tablet

Theophylline Guaifenesin Ephedrine sulfate Phenobarbital

POTENCY 8.00 mg 25.00 mg 100.00 mg 8.00 mg 24.00 mg 130.00 mg

8.00 mg

100.00 mg 100.00 mg 24.00 mg 8.00 mg

~ Ephedrine hydrochloride 24.00 mg Theophylline 130.00 mg

Verequad Suspension Phenobarbital 4.00 mg/05 ml Ephedrine hydrochloride 12.00 mg/05 ml Theophylline calcium 65.00 mg/05 ml

salicylate Glyceryl guaiacolate 50.00 mg/05 ml

Verequad Tablet Phenobarbital 8.00 mg Ephedrine hydrochloride 24.00 mg Glyceryl guaiacolate 100.00 mg Theophylline calcium 130.00 mg

salicylate Vicks Inhaler Inhaler 1-desoxyephedrine 113.00 mg.

This rule is intended to implement Iowa Code section 204.210(4).

620-8.20(204) Temporary designation of controlled substances.

Ch 8, p.18

MANUFACTURER OR DISTRIBUTOR

Zemmer Co.

Halsey Drug Co.

Bolar Pharm. Co., Inc.

Vale Chemical Co.

Knoll Pharm.

Knoll Pharm.

Vick Chemical Co.

8.20(1) Amend Iowa code section 204.208(2) by adding the following new paragraph: j. Tiletamine and zolazepam or any salt thereof. Some trade or other names for a tiletamine

zolazepam combination product: Telazol. Some trade or other names for tiletamine: 2-[ethylamino]-2-[2-thienyl]-cyclohexanone. Some trade or other names for zolazepam: 4-[2-fluorophenyl]-6, 8-dihydro-1 ,3 ,8-trimethylpyrazolo-[3,4-e] [1 ,4]-diazepin-7[1 H)-one flupyrazapon.

8.20(2) Reserved.

Ch 8, p.19 Pharmacy[620] lAC 8/26/87

620-8.21(205) Purpose of issue of prescription. Any order purporting to be a prescription for a schedule II Dronabinol product not issued for indications approved by the Food and Drug Administration is not a prescription within the meaning and intent of the federal law (21 USC 829) or of Iowa Code section 205.3. Any person knowingly filling such a purported prescription, as well as the person issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled substances. Nothing in this rule shall be deemed to prohibit the prescribing of Dronabinol products approved by the Food and Drug Administration for other than indications for use approved by the Food and Drug Administration by a researcher or registered practitioner conducting research, provided that the research is conducted in accordance with research protocol provisions approved by the board or federal law (21 CFR 1301.33 as of December 29, 1979).


620-8.22(205) Requirement of presciption. An individual practitioner as defined in Iowa Code subsection 204.101(23) may not administer or dispense schedule II Dronabinol products unless such administering or dispensing is for indications for use approved by the Food and Drug Administration. ·Any person knowingly administering or dispensing schedule II Dronabinol products contrary to this rule shall be subject to the penalties provided for violation of the provisions of law relating to controlled substances. Nothing in this rule shall be deemed to prohibit the administering or dispensing of schedule II Dronabinol products for other indications for use approved by the Food and Drug Administration by a researcher or registered practitioner conducting research provided that the research is conducted in accordance with research protocol provisions approved by the board or federal law (21 CFR 1301.33 as of December 29, 1979).

This rule is intended to implement Iowa Code section 205.3. [Filed 9/29/71; amended 8/9/72, 12/15/72, 11/14/73, 8/14174, 4/8/75]

!Filed 11/24/76, Notice 10/20/76---published 12/15/76, effective 1/19/771 !Filed 11/9/77, Notice 8/24/77-published 11/30/77, effective 1/4/781

[Filed 10/20/78, Notices 8/9/78, 9/6/78--published 11/15/78, effective 1/9/79] [Filed 8/28/79, Notice 5/30/79-published 9/19/79, effective 10/24/79) [Filed 2/12/81, Notice 12/24/80-published 3/4/81, effective 7/1181) [Filed 7/24/81, Notice 5/13/81-published 8/19/81, effective 9/23/81)

[Filed emergency 12/14/81-published 116/82, effective 1/6/82) [Filed emergency 10/6/82-published 10/27/82, effective 10/27/82]

0 2 ARC's

[Filed 6/16/83, Notice 5/11183-published 7/6/83, effective 8/10/83] [Filed 2/23/84, Notice 11/23/83-published 3/14/84, effective 4/18/84]

[Filed emergency 8/10/84-published 8/29/84, effective 8/10/84] [Filed emergency 6/14/H5-published 7/3/ts5, effective 6/14/85] [Filed emergency 8/30/85-published 9/25/85, effective 9/6/85] [Filed emergency 12/4/85-published 111186, effective 12/5/85] [Filed emergency 5/14/86-published 6/4/86, effective 5/16/86]

[Filed 5/14/86, Notice 4/9/86-published 6/4/86, effective 7/9/86]0 [Filed 1128/87, Notice 11 I 19/86-published 2/25/87, effective 4/ 1187]

[Filed emergency 7/24/87-published 8/12/87, effective 7/24/87) [Filed 8/5/87, Notice 6/3/87-published 8/26/87, effective 9/30/87)

~

'..I

\..,)

\..,J

'..I

\._)

lAC 10/15/80

AR-4

AR-S

AR-6

AR-7

AR-8

AR-9

AR-10

AR-11

AR-12

AR-13

AR-14

AR-15

AR-16

AR-17

4.2(4) Farm reporting. Form Number

FR-1

FR-2

FR-3

FR-4

FR-S

Secretary of State[750] Ch 4, p.S

Chapter S04A Foreign Nonprofit Annual Report - required to be filed by all Foreign Nonprofit Corporations.

Chapter 496C Iowa Professional Annual Report - required to be filed by Domestic Professional Corporations.

Chapter 496C Foreign Professional Annual Report - required to be filed by Foreign Professional Corporations.

Chapter 491 Iowa Annual Report (old chapter)- required to be filed by profit corporations who still remain under old Chapter 491.

Chapter 499 Non Stock Cooperative Annual Report - required to be filed by Chapter 499 non stock corporations.

Chapter 499 Stock Cooperative Annual Report - required to be filed by Chapter 499 stock issuing corporations.

Chapter 497 Cooperative Annual Report - required to be filed by old Chapter 497 Cooperatives.

Chapter 498 Cooperative Annual Report - required to be filed by old Chapter 498 Cooperatives.

September 496A Foreign Notice of Revocation - self explanatory.

October 496A Domestic Notice of Cancellation - self explanaatory.

Chapter 496A Domestic Annual Report Instruction Sheet - self explanatory (see AR-1).

Chapter 496A Foreign Annual Report Instruction Sheet - self explanatory (see AR-2).

Chapter 496C Domestic Professional Corporation Annual Report Instruction Sheet - self explanatory (will become a part of Form AR-5 for reporting year 1982).

Chapter 496C Foreign Professional Corporation Annual Report Instruction Sheet - self explanatory (will become a part of Form AR-6 for reporting year 1982).

Description State of Iowa Annual Agricultural Report

State of Iowa Fiduciary Annual Agricultural Report

State of Iowa Annual Beef and Pork Processor Report

State of Iowa Registration of Nonresident Alien Land Ownership

State of Iowa Nonresident Alien Ownership Report

FR-6 Instructions for Form FR-1

FR-7 Special Reporting Requirements for Agricultural Land Ownership Activities and Farm Related Activities (172C and 567)

~ For information concerning availability of corporation forms, contact the Office of the Director, Corporations Division, Hoover State Office Building, Des Moines, Iowa, 50319, (515) 281-8363.

Ch 4, p.6 Secretary of State[750] lAC 8/26/87

750-4.3(17 A) Election forms. Form Number Description 1-A(Rev.-87) Voter's Declaration of Eligibility

1-C(Rev.-75)

1-D(Rev .-87)

1-E(Rev.-75)

1-F(Rev.-75)

1-G(Rev .-87)

1-H(Rev .-87)

3-A(Rev .-87)

3-B(Rev .-84)

Change or Declaration of Party Affiliation

Notice to Voter of Rejection of Absentee or Special Ballot

Tally List for Absentee and Special Voters' Precinct

Oath for Election Official

Statement to Person Casting a Special Ballot

Envelope for Special Ballot

Application for Absentee Ballot

Absent or Disabled Voter's Affidavit

3-C(Rev.-75) Affidavit for Voter Who Did Not Receive Absent Voter's Ballot upon Application

5-A Gift Report This rule is intended to implement 1987 Iowa Acts, House File 600, sections 16, 20, 24 and

25 and 1987 Iowa Acts, Senate File 480, se~tion 8, and Executive Order Number 31.

750-4.4(17A) Uniform commercial code forms. Form Number Description

UCC-1 (either 5" x 8" or 8" x 10") A five part snap-off form with interleaved carbon paper used as a financing statement to report a security interest in all secured transactions involving personal property, except timber to be cut, minerals (including oil & gas), mineral accounts and fixture filings

UCC-2 (8" x 10") A five part snap-off form with interleaved carbon paper used as a financing statement to record a security interest in fixtures, timber or mineral security interests in county real estate records and cross indexing in county UCC records

UCC-3 (8" x 5 ") A five part snap-off form with interleaved carbon paper used for all state filings and county filings except those recorded in real estate records. A financing statement change form used as a financing statement amendment, a continuation statement, a partial release of collateral, an assignment of record of a security interest, or a termination statement

UCC-4 (8" x 10 ") A five part snap-off form with interleaved carbon paper used only for financing statement changes for UCC-2 filings recorded in county real estate records

UCC-11 (8" x 10") A three part snap-off form with interleaved carbon paper used for two major purposes. (1) as a request for information concerning UCC filings pertaining to a debtor, or (2) as a request for copies of UCC filings pertaining to a debtor

UCC-21

UCC-26

(5" x 8 ") A three part snap-off form with interleaved carbon paper used for processing & indexing non-standard financing statements and financing statement change documents

(5" x 8 ") A single card form for indexing and cross referencing to debtors as identified on a multidebtor financing statement

lAC 8/26/87 Secretary of State[750] Ch 4, p.7

A form of certificate is issued for various utility financing statements. This is not a standard form, but is tailored to meet the needs of specific situations.

For information concerning the availability of UCC forms, contact the office of the Director, UCC Division, Hoover State Office Building, Des Moines, Iowa, 50319, (515) 281-3326.

This rule is intended to implement Iowa Code section 17A.3(1)"b".

750-4.5(17A) Verified lien statement forms. Form Number Description

VLS-1 (8" x 13 j A five part snap-off form with interleaved carbon paper used for filing agricultural liens under 1984 Iowa Acts, chapter 1072.

VLS-2 (8" x 5j A five part snap-off form with interleaved carbon paper used for filing assignments and acknowledgements of satisfaction as they relate to a VLS-1.

This rule is intended to implement Iowa Code chapters 17 A, 491, 496A, 497, 498, 499, 504, 504A, Article IX and 1984 Iowa Acts, chapter 1072.

[Filed emergency 6/25/80-published 7/23/80, effective 7 /1180] [Filed 9/24/80, Notice 8/20/80-published 10/15/80, effective 11119/80]

[Filed 11/30/83, Notice 10/12/83-published 12/21/83, effective 1125/84) [Filed emergency 7/3/84-published 8/1184, effective 7/3/84] [Filed emergency 8/3/84-published 8/29/84, effective 8/3/84]

[Filed 12/14/84, Notice 8/1184-published 1/2/85, effective 2/6/85] [Filed emergency 7/6/87-published 7/29/87, effective 7/6/87] [Filed emergency 8/4/87-published 8/26/87, effective 8/4/87]

Ch6, p.l Secretary of State[750]

CHAPTERS Rescinded, effective June 2, 1976

CHAPTER 6 DESCRIPTION OF ORGANIZATION

750-6.1(17 A) Central organization.

IAC6/28/76

6.1(1) The secretary of state is the head of the agency. The secretary is an elected official elected for a term of four years. The secretary's office is on the main floor of the Capitol BuiJding, Des Moines, Iowa, 50319, telephone number (515) 281-5864. The secretary is assisted by the following appointed officials who are responsible to the secretary.

6.1 (2) The deputy secretary of state is appointed by the secretary and performs such duties as the secretary may prescribe including general supervisor of all matters and ".,.,) personnel pertaining to the office. During the absence or disability of the secretary, or as directed by the secretary, the deputy possesses most of the powers and performs the duties of the secretary.

6.1(3) Two administrative assistants are appointed by the secretary and perform such duties as presented by the secretary or the deputy. One of the administration assistants acts as the corporation director and the other acts as the uniform commercial code director.

6.1(4) The secretary of state's office is an administrative and ministerial office performing the following duties:

750-6.2(17 A) Corporations. 6.2(1) All matters involving corporations, profit and nonprofit organized in Iowa or

authorized to do business in Iowa, are handled by the corporation division under the ~ supervision of a director. The office issues all certificates of incorporation for new domestic corporatio~s and issues certificates for authority to do business in Iowa for foreign corporations. Also, certificates of good standing, amendments, mergers, certified copies of articles and other corporate papers are issued by the office.

6.2(2) The annual report forms required of all corporations are sent from the office and upon return by the corporation are processed for accuracy and proper fee and kept for public record.

6.2(3) Any questions on corporations or procedures should be directed to the director of the corporation division located in Room 4 or the ground floor of the Capitol Building. The telephone number is (515) 281-5204 or 281-3307.

750-6.3(17 A) Uniform commercial code. 6.3(1) All matters pertaining to the uniform commercial code are processed by the '..,;

uniform commercial code division of this office. 6.3(2) All financing statements evidencing financial transaction between lenders and

borrowers that are intended to create a security interest in personal property and fixtures are filed as follows:

a. Timber to be cut, minerals or the like, fixture filings and goods which are to become fixtures in the county where real estate mortgage would be filed.

b. Consumer goods in the county of the debtors residence or if a nonresident in the county where the goods are to be kept.

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lAC 8/26/87 Shorthand Reporters[760]

SHORTHAND REPORTERS, BOARD OF EXAMINERS[760]

Repealed by 1983 Iowa Acts, chapter 186, sections 10201 and 10203. [See Iowa Court Rules, August 1987)

Pagel

. ·• ~.. .

lAC 9/10/86, 1128/87 Attorney General[61] Analysis, p.1

ATTORNEY GENERAL[61] DEPARTMENT OF JUSTICE

Editorially transferred from [120] to [61], lAC Supp 1/28/87

CHAPTER I GENERAL PROVISIONS

1.1 ( 13) Position and scope 1.2(13) Administration 1.3( 13) Organization 1.4(13) Public information

CHAPTER 12 IOWA CONSUMER CREDIT CODE

DECLARATORY RULINGS 12.1(17A) General

\,) 1.5(13) Opinions 1.6(13) Forms

l2.2(17A) Effect of declaratory rulings 12.3( 17 A) Petition 12.4(17 A) Procedure after petition is filed l2.5(17A) Action on petition

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CHAPTER 10 ORGANIZATION AND POWERS OF THE

IOWA CONSUMER CREDIT CODE ADMINISTRATOR

10.1(537) Authority for and divi-sion of rules

1 0.2(22,537, 17 A) Open records 10.3(17A) Forms 10.4(537,17A) Information 10.5(537, 17 A) Complaints 1 0.6(537, 17 A) Record of complaints 10.7(537,17A,22) Investigation 1 0.8(537, 17 A) Enforcement actions

CHAPTER 11 IOWA CONSUMER CREDIT CODE

RULEMAKING PROCEDURES 11.1(537) Rules in harmony with

other uniform consumer credit code jurisdictions

11.2(537, 17 A) Procedure for adoption of rules

11.3(17A) Notice 11.4(17A) Written submissions 11.5(17A) Hearing 11.6(17A) Statement of reasons 11.7(17A) Copies of proposed con-

sumer credit code rules 11.8(17A) Small business regulatory

impact 11.9(17A) Petitions for adoption,

amendment or repeal of a rule

11.10(17A) Form and content of petition

12.6(17A) Declaratory ruling format

CHAPTER 13 Reserved

CHAPTER 14 INSURANCE IN CONSUMER

CREDIT TRANSACTIONS 14.1(537) Involuntary unemployment

insurance-conditions of sale

CHAPTER 15 REGULATION OF AGREEMENTS AND

PRACTICES 15.1(537) Notice to cosigners

CHAPTER 16 GENERAL DEFINITIONS

16.1(537) Line of credit

CHAPTER 17 IOWA FARMER CREDITOR

MEDIATION PROGRAM 17.1 (71 GA,HF2473) Application 17 .2(71 GA,HF2473) Definitions 17.3(71GA,HF2473) Mediation services 17 .4(71 GA,HF2473) Duties 17 .5(71 GA,HF2473) Mandatory media

tion proceedings 17 .6(71 GA,HF2473) Notice to farm bor

rower of mediation request

l7.7(71GA,HF2473) Availability of legal services and ASSIST program of Iowa extension service

17 .8(71 GA,HF2473) Availability of assistance in preparation for mediation

Analysis, p.2 Attorney General[61]

17. 9(71 GA,HF2473) Initial consultation 17 .10(71 GA,HF2473) Time 17.11(71GA,HF2473) Mediation process 17.12(71GA,HF2473) Procedure for media-

tion meeting 17 .13(71 GA,HF2473) Mediation period 17 .14(71 GA,HF2473) Removal of mediator 17 .15(71 GA,HF2473) Mediation agreement 17 .16(71 GA,HF2473) Mediation release 17 .17(71 GA,HF2473) Voluntary mediation 17.18(71GA,HF2473) Compensation of

mediator and mediation service fee

17 .19(71 GA,HF2473) Oversight

CHAPTER 18 REGULATION OF PRICE

DISCRIMINATION IN THE SALE OR LEASE OF MOTOR

VEHICLES BY MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS

OR WHOLESALERS 18.1(71GA,SF2084) Definitions 18.2(71 GA,SF2084) Price discrimination 18.3(71GA,SF2084) Dealers and dealer

affiliated leasing companies

18.4(71GA,SF2084) Retail buyers 18.5(71GA,SF2084) Fleet buyers 18.6(71GA,SF2084) Rental companies 18.7(71GA,SF2084) Excluded transactions 18.8(71 GA,SF2084) Prohibited acts 18.9(71GA,SF2084) Enforcement


CHAPTER 25 REGULATION OF MEMBERSHIP

CAMPGROUND OPERATORS 25.1(72GA,HF520) Place of filing 25.2(72GA,HF520) Definitions 25 .3(72GA,HF520) Registration

lAC 8/26/87

lAC 8/26/87 Attorney General[61]


CHAPTER 25

Ch 25, p.1

REGULATION OF MEMBERSHIP CAMPGROUND OPERATORS

61-25.1(72GA,HF520) Place of filing. Information required to be filed by the membership campground statute, 1987 Iowa Acts, House File 520, sections 5 to 20, or these rules shall be submitted to the Office of the Attorney General, Consumer Protection Division, Hoover Building, 2nd Floor, Des Moines, Iowa 50319. Whenever these rules state that a document be "filed," the document must be delivered to the attorney general's office by United States postal service or personal service and shall be considered filed on the date of the United States postal service mark or the date personal service is made.

61-19.2(72GA,HF520) Definitions. Unless otherwise defined, the terms used in these rules have the same definitions found in 1987 Iowa Acts, House File 520, section 5.

REGISTRATION

61-25.3(72GA,HF520) Registration. 25.3(1) Who must register. A person shall not offer or sell a membership camping con

tract in this state unless the membership camping contract is covered by a membership camping registration. The application for registration must be filed with the attorney general's office at the address indicated in rule 25.1(72GA,HF520). The following transactions are exempt from the requirement of registration:

a. An offer, sale, or transfer by any one person of not more than one membership camping contract in any 12 month period.

b. An offer or sale by a government, government agency, or other subdivision of government. c. A bona fide pledge of a membership camping contract. d. Transactions subject to regulation pursuant to Iowa Code chapter 557 A. 25.3(2) Contents of application. The application for registration must contain all of the

information required by 1987 Iowa Acts, House File 520, section 7. A form which may be used by the applicant for registration is available. Copies of this form, which is designated as Form 557B-1, may be obtained from the consumer protection division at the address stated in rule 25.1(72GA,HF520). If an alternative format is used, the information must be supplied in a readable, coherent, and complete manner, or the application will be denied.

25.3(3) Fee for registration. The application for registration must be accompanied by a nonrefundable fee of $200. Applications which are received without such payment will be returned to the sender.

25.3(4) Effective date. Registration is effective for one year from the date the application is granted either by the attorney general's office or by operation oflaw. The attorney general's office will notify each registrant of the effective date of its registration.

25.3(5) Amendments to registration and fee. An application for registration must be amended and the amendment must be filed with the attorney general within 25 days of any material change in the information included in the application. Amendments must be accompanied by a nonrefundable fee of $50.

25.3(6) Renewal of registration. A membership camping operator's registrat~on must be renewed annually by filing an application for renewal no later than 30 days prior to the anniversary of the current registration. An application for renewal must be accompanied by a nonrefundable fee of $200. The renewal application must include all changes in the information which has been provided in the previously filed application.

These rules are intended to implement 1987 Iowa Acts, House File 520. [Filed emergency 8/7 /87-published 8/26/87, effective 9/7/87]

.·,

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lAC 10/22/86 Insurance[ 191] Analysis, p.3

11.4(258A) Proof of completion of continuing education requirements

11.5(258A) Approved subjects-certifica-tion by commissioner

11.6(258A) Providers' responsibilities 11. 7(258A) Enforcement - providers 11.8(258A) Enforcement - agent

compliance 11.9 Reserved 11.10(258A) Independent study


UNFAIR TRADE PRACTICES

CHAPTER 15 UNFAIR TRADE PRACTICES

15.1 (508, 515) Misleading policy titles 15.2(508, 515) Notes taken for insurance 15.3(522) Twisting 15.4(508, 515) Re~lation of insurance 15.5(508, 515) Furriers customers policies 15.6(522) Agents rebates illegal 15. 7(508, 515) Rebating 15.8(5078) Delivery of outline of cov

erage 15.9(5078) Duplicate Medicare supple

ment coverage 15.10(5078) Debtor coercion 15.11 and 15.12 Reserved

ADVERTISING-ACCIDENT AND HEALTH

15.13(5078) Purpose 15.14(5078) Applicability 15.15(5078) Definitions 15.16(5078) Method of disclosure of re

quired information 15.17(5078) Form and content of adver

tisements 15.18(5078) Advertisements of benefits

payable, losses covered or premiums payable

15.19(5078) Necessity for disclosing policy provisions relating to renewability, cancelability, and termination

15.20(5078) Testimonials or endorsements by third parties

15.21 (5078) Use of statistics 15.22(5078) Identification of plan or num

ber of policies 15.23(5078) Disparaging comparisons and

statements

15.24(5078) Jurisdictional licensing and status of insurer

15.25(5078) Identity of insurer 15.26(5078) Group or quasi-group impli

. cations 15.27(5078) Introductory, initial, or spe-

cial offers 15.28(5078) Statements about an insurer 15.29(5078) Enforcement procedures 15.30(5078) Severability provision 15.31(514D) Advertising 15.32 to 15.39 Reserved

ADVERTISING-LIFE INSURANCE

15.40(5078) Purpose 15.41(5078) Definitions for the purpose of

these rules 15.42(5078) Applicability 15.43(5078) Form and content of adver-

tisements 15.44(5078) Disclosure requirements 15.45(5078) Identity of insurer 15.46(5078) Jurisdictional licensing and

status of insurer 15.47(5078) Statements about the insurer 15.48(5078) Enforcement procedures 15.49(5078) Conflict with other rules

SEX DISCRIMINATION

15.50(5078) Purpose 15.51(5078) Definitions 15.52(5078) Applicability and scope 15.53(5078) Availability requirements 15.54(5078) Rates 15.55 to 15.59 Reserved

COMPLAINT RECORD

I 5.60(5078) Mandate I 5.61 (5078) Content of complaint record 15.62(5078) Format of complaint record 15.63(5078) Maintenance of the record 15.64(5078) Definitions 15.65 Reserved 15.66(5078) Purpose 15.67(5078) Scope 15.68(5078) Definitions 15.69(5978) Disclosure requirements 15. 70(5078) General rules 15. 71(5078) Failure to comply 15. 72(5078) Effective date 15. 73(5078) Appendix-life insurance buy

er's guide 15.74-15.79 Reserved

Analysis p.4 Insurance[191] lAC 8/26/87

PHYSICAL OR MENTAL IMPAIRMENT-UNFAIR

DISCRIMINATION

15.80(5078) Authority 15.81(5078) Purpose 15.82(5078) Unfairly discriminatory acts or

practices 15.83(5078) Unfair discrimination

blindness 15.84 to 15.89 Reserved

\KIU.EIJ NUHSING FACiliTY COVERAGE

15.90(5078) Purpose 15.91(5078) Definition I 5. 92(5078) Applicability 15.93(5078) Unfair discriminatory acts

or practices 15.94(5078) Procedure for filing

complaint

CHAPTER 16 REPLACEMENT OF LIFE

INSURANCE AND ANNUITIES 16.1(5078) Purpose and authority 16.2(5078) Definition of replacement 16.3(5078) Other definitions 16.4(5078) Exemptions 16.5(5078) Duties of agents and brokers 16.6(5078) Duties of all insurers 16. 7(5078) Duties of insurers that use

agents or brokers 16.8(5078) Duties of insurers with respect to

direct response sales. 16.9(5078) Penalties 16.10(5078) Severability

CHAPTERS 17 and 18 Reserved

CHAPTER 19 PREARRANGED FUNERAL PLANS

19.1 to 19.59 Reserved. 19.60(72GA,HF614) Transitional rule

PROPERTY AND CASUALTY INSURANCE CHAPTER 20

PROPERTY AND CASUALTY INSURANCE RATE AND FORM

FILING PROCEDURES 20.1(515) qeneral requirements 20.2(515) Filing synopsis 20.3(515) Letter of transmittal 20.4(515) Policy form filing 20.5(51SA) Rate or manual rule filing

20.6(515A) Exemption from filing requirement

CHAPTER 21 SURPLUS LINES REQUIREMENTS

21.1(515) Definitions 21.2(515) Unauthorized insurer's duties 21.3(515) Agent's duties 21.4(515) Agent's duty to insured; evi

dence of coverage 21.5(515) Qualified unauthorized insur

ers

CHAPTER22 ~ FINANCIAL GUARANTY INSURANCE 22.1(515C) Definitions 22.2(515) Financial requirements and

reserves


CHAPTER 29 CONTINUATION RIGHTS UNDER

GROUP ACCIDENT AND HEALTH INSURANCE POLICIES

29.1(5098) Definitions '-"' 29.2(5098) Notice regarding continuation

rights 29.3(5098) Qualifying events for continu

ation rights 29.4(5098) Interplay between chapter

5098 and COBRA 29.5(5098) Effective date for compliance

LIFE AND HEALTH INSURANCE CHAPTER 30

LIFE INSURANCE POLICIES 30.1(508) Purpose ~ 1 30.2(508) Scope ~ 30.3(508) Definitions 30.4(508) Prohibitions, regulations and

disclosure requirements 30.5(508) General filing requirements 30.6(508) Back dating of life policies 30. 7(508, 515) Expiration date of policy

vs. charter expiration date

lAC 10/22/86 Insurance[191] Ch 16, p.5

7. On the same basis as for item 6 except for guarantees, illustrative annuity payments not greater in amount than those based on (1) the current dividend scale and the interest rate currently used to accumulate dividends under such contracts, or the current excess interest rate credited by the insurer, and (2) current annuity purchase rates. A dividend scale or excess interest rate which has been declared by the insurer with an effective date not more than two months subsequent to the date of declaration shall be considered a current dividend scale or current excess interest rate.

B. For annuity contracts or deposit funds for which guaranteed cash surrender values at any duration are less than the total considerations paid, a prominent statement that such contract or fund may result in loss if kept for only a few years, together with a reference to the schedule of guaranteed cash surrender values required by item 9(c) of this section.

9. The following amounts, for the first five (5) contract years and representative contract years thereafter sufficient to clearly illustrate the patterns of considerations and benefits, including but not limited to the tenth and twentieth contract years and at least one (1) age from sixty (60) through sixty-five (65) or the scheduled commencement of annuity payments, if any, whichever is earlier:

a. The gross annual or single consideration for the annuity contract. b. Scheduled annual or single deposit for the deposit fund, if any. c. The total guaranteed cash surrender value at the end of the year or, if no guaranteed cash

surrender values are provided, the total guaranteed paid-up annuity at the end of the year. Values for a deposit fund must be shown separately from those for a basic contract.

d. The total illustrative cash value or paid-up annuity at the end of the year, not greater in amount than that based on (1) the current dividend scale and the interest rate currently used to accumulate dividends under such contracts or the current excess interest rate credited by the insurer, and (2) current annuity purchase rates. A dividend scale or excess interest rate which has been publicly declared by the insurer with an effective date not more than two months subsequent to the date of declaration shall be considered a current dividend scale or current excess interest rate.

10. For a Contract Summary which includes values based on the current dividend scale or the current dividend accumulation or excess interest rate, a statement that such values are illustrations and are not guaranteed.

11. The date on which the Contract Summary is prepared. The Contract Summary must be a separate document. All information required to be dis

closed must be set out in such a manner as not to minimize or render any portion thereof obscure. Any amounts which remain level for two (2) or more contract years may be represented by a single number if it is clearly indicated what amounts are applicable for each contract year. Amounts in items 4, 6, 7, and 9 of this section shall, in the case of flexible premium annuity contracts, be determined either according to an anticipated pattern of consideration payments or on the assumption that considerations payable will be $1,000 per year. If not specified in the contract, annuity payments shall be assumed to commence at age 65 or 10 years from issue, whichever is 1ater. Zero amounts shall be displayed as zero and shall not be displayed as blank spaces.

This rule is intented to implement Iowa Code section 507B.4. [Filed 11118/83, Notice 9/14/83-published 12/7/83, effe~tive 4/1184]

[Filed emergency 2/22/84-published 3/14/84, effective 4/1/84] [Editorially transferred from [510] to [191], lAC Supp. 10/22/86; see JAB 7/30/86]


Ch 19, p.1 Insurance[191]

CHAPTER 19 PREARRANGED FUNERAL PLANS

[Prior to 10/22/86, Insurance Department(SIO))

lAC 8/26/87

19.1 to 19.59 Reserved.

191-19.60(72GA,HF614) Transitional rule. 19.60(1) The Iowa securities bureau may accept and process applications for establishment

permits and sales permits filed pursuant to the Iowa Prearranged Funeral Contracts Act at any time after September 1, 1987.

19.60(2) The Iowa securities bureau may accept and require the following fees at any time between September 1, 1987, and January 1, 1988:

1. Application packet ................................................... $ 5.00 2. Certification ........................................................ $ 5.00 3. Duplicate permit fee ................................................. $ 5.00 4. Establishment permit fee ............................................. $ 50.00 5. Interpretative opinion ................................................ $ 50.00 6. Filing fee (annual report) ....................................... $200.00-500.00 7. Filing fee (sellers initial report) ........................................ $ 25.00 8. Name change ....................................................... $ 10.00 9. Photocopies of records (per page) ..................................... $ 0.50

10. Print-out of permit holders ........................................... $ 10.00 11. Sales permit fee ..................................................... $ 5.00 19.60(3) The Iowa securities bureau may accept and require an initial report from sellers,

as a prerequisite for an establishment permit, on the form prescribed by the commissioner. 19.60(4) The Iowa securities bureau may accept and require the following forms at any

time between September 1, 1987, and Janaury 1, 1988: a. Content. Copies of all necessary forms and instructions may be obtained from the Iowa

Securities Bureau, Lucas State Office Building, Des Moines, Iowa 50319. The list which follows describes the forms which members of the public shall use when deal

ing with the bureau, unless waived by the commissioner, and computer-generated information may be accepted. Each direction shall be complied with and each question in the forms shall be answered in the same manner as if the forms and instructions were embodied in these rules.

FORM NUMBER DESCRIPTION P-1 Application for Establishment Permit. Used by applicants when filing

for an establishment permit under the Act.

P-2

P-3

P-4

P-5

P-6

Application for Sales Permit. Used by applicants when filing for a sales permit under the Act.

Sellers Initial Report. Transitional report that must be filed before an application for an establishment permit under the Act.

Sellers Annual Report. Used by sellers when filing their annual report under the Act.

Financial Institutions Annual Report. Used by financial institutions when filing their annual report under the Act.

Surety Bond. Required form of surety bond that a seller may file with the commissioner in lieu of the trust fund required by Iowa Code sec- \....~ tions 523A.1 and 523A.2 as amended by 1987 Iowa Acts, House File 614.

lAC 8/26/87 Insurance[191] Ch 19, p.2

\__,/ P-7 Establishment Permit.

I~

P-8 Sales Permit.

b. Cost. The forms listed above shall be available upon request at such reasonable charges as may be prescribed by the commissioner. An application packet, containing one copy each of the Act, this chapter and all of the application and report forms, shall be available for a $5 charge. Individual forms may be acquired as follows: FORM NUMBER QUANTITY P-1 10 P-2 10 P-3 10 P-4 10 P-5 10 P-6 10

This rule implements 1987 Iowa Acts, House File 614.

COST $1.00 $1.00 $1.00 $1.00 $1.00 $1.00

[Filed emergency after Notice 2/23/83, Notice 1/19/83-published 3/16/83, effective 2/23/83] [Filed emergency 1/13/84-published 2/1/84, effective 1/13/84]

[Editorially transferred from [510] to [191], lAC Supp. 10/22/86; see lAB 7/30/86] [Filed emergency 8/7/87-published 8/26/87, effective 9/1/87]

Ch 20, p.l Insurance[191]

PROPERTY AND CASUALTY INSURANCE

CHAPTER 20 PROPERTY AND CASUALTY INSURANCE RATE AND

FORM FILING PROCEDURES (Prior to 10/22/86, Insurance Depanment(SIO))

191-20.1(515,515A,515C,518,518A,520) General requirements.

lAC 10/22/86

20.1(1) All filings submitted to the Iowa division of insurance must be accompanied by a prepaid self-addressed envelope large enough to contain all copies of material requested to be returned.

20.1(2) If filing is submitted on behalf of more than one insurance company, copies of materials for each company should be assembled and collated before submission to this division. If the filing is the same for all companies only one set of forms or rates in duplicate is necessary unless a rating bureau is involved whereby another copy is required.

20.1(3) If submission is a combination forms and rate filing, the division will retain two copies of the filing for its files. If the company desires a copy of the form stamped "APPROVED" for its own files, a third copy of the filing should be included with the submission. If the filing is a deviation from a bureau filing, the insurer shall provide an extra copy of the filing for the appropriate rating bureau and a prepaid envelope addressed to the bureau which is large enough to contain the materials to be forwarded.

20.1(4) If more than four forms are submitted for review with one submission, the filing shall contain a separate sheet listing forms by descriptive caption and identifying form number.

191-20.2(515,515A,515C,518,518A,520) Filing synopsis. 20.2(1) Each filing must be accompanied by an Iowa filing synopsis sheet, Form No.

PC-101, a copy of which is attached* hereto and by reference made a part hereof. If filing includes several policy form submissions, separate synopsis sheets should be prepared for each policy form. If policy form is filed with several endorsements, endorsement title and identification number may be listed on separate sheet of paper attached to the synopsis form.

20.2(2) If submission is made by a group on behalf of several member companies, separate synopsis forms shall be prepared for each insurance company.

20.2(3) If policy form filing is identical to a filed bureau or standard form, the insurer making the filing shall indicate this fact in the space provided for brief description of filing and identify the identical form by its identification number.

20.2(4) Each filing shall indicate the name and telephone number, including area code, of the person or persons at the company who may be contacted regarding the submission.

191-20.3(515,515A,515C,518,518A,520) Letter of transmittal. 20.3(1) Filings shall be accompanied by a letter of transmittal with appropriate number

of copies, which sets forth: a. The name of the insurer organization making the filing. If a group letterhead is used,

the letter of transmittal shall clearly designate the name of the company of companies on whose behalf the filing is made.

b. Title and reasonable identification of the filing. c. The proposed effective date of the filing and applicable rule.

*Printed at end of chapter.

lAC 10/8/86 Utilities[199] Ch 16, p.38

accordance with the provisions of that account." and "234 Large Private Branch Exchanges Units specified under subsection 221 Central office equipment of this section."

16.5(42) Add new section 31.607 with item list and notes to read as follows: 31.607, Repairs of services. This account shall include the cost of repairing services.

ITEMS-(Note §31.01-8) Cutting out or cutting in slack in services. Inspecting, testing and reporting on the condition of aerial or buried services to determine

the need for repairs or replacements. (See also account 603.) Moving services. (Note also §31.2-25.) Permits and privileges for maintenance work. Replacing minor items of services, including labor and material used and the removal and

recovery of the items retired less salvage recovered, except when such items are replaced through the replacement of retirement units. (Note also §31.2-25.)

Restoring condition of services damaged by storms, fires, or other casualties. (Note also §31.2-25.)

Routine work to prevent trouble, such as trimming trees to protect existing services. Work on the property of others in connection with the maintenance of the services of the

company. (see also Note B to this account.) Note A: The cost of any betterments and plant added resulting from such work shall be

included in account 232. Note B: Expenses on account of property of others damaged in connection with mainte

nance work (except for the cost of incidentally repairing the property of others in the course of such work) shall be charged to account 669.

Delete sections 31.632, Public telephone expenses and 31.648, Public telephone commissions. Delete (a) and (b) from section 31.650, Other commercial expenses. Note: All expenses associated with pay telephone equipment shall be recorded in account 318. 16.5(43) In section 31.8, delete the title "232 Station connections" and parenthetical

reference "(See §§31.2-25, 31.232, and 31.605.)", and add titles and lists for account 232, Services and account 233, Existing inside station wiring, as follows: 232 Services.

A service complete from its attachment with the general overhead or underground system up to and including the protector. 233 Existing inside station wiring.

Each inside wiring installation. 16.5(44) Divide accounts 31.231 and 31.234 into three separate categories of: (1) official

company station equipment, (2) coin operated, public, semipublic or pay telephone equipment, and (3) customer premise equipment. Any allocation of the depreciation reserve should serve to determine, to the extent possible, the approximate vintage of each category of customer premise equipment. The original cost will be divided by the estimated life thereof multiplied by the number of years in service. The book reserve will be allocated to each category based on the ratio of the calculated reserve to the book reserve. Pay telephone equipment and telephone utility owned customer premise equipment will be reclassified to account 31.103, Miscellaneous physical property. The official company station equipment category of accounts 31.231 and 31.234 will be reclassified to the relevant accounts on a functional basis rather than by type of equipment.

16.5(45) Each of the categories in 16.5(44) will be reclassified to eliminate account 31.231, Station apparatus, and account 31.234, Large private branch exchange, from the telephone utility's regulated rate base. Equipment should be accounted for on a functional rather than type of equipment basis. Under this approach the company used equipment that handles the switching of traffic would be recorded in account 31.221, Central office equipment and the company used equipment that handles the company's own internal business operations would be recorded in account 31.261, Furniture and office equipment. All company telephone sets, teletypewriters, radio equipment, facsimile equipment, key systems and all PBX's or other ter-

Ch 16, p.39 Utilities[199] lAC 7/29/87, 8/26/87

minal equipment shall be recorded in account 31.221 or account 31.261 based on function. "-..,~ The stock items included in account 31.231, Station apparatus, applicable to CPE and pay telephone equipment will be transferred to account 31.124. Telephone equipment held for sale. Other stock items included in account 31.231 will be transferred to account 31.122, Materials and supplies.

The deferred taxes related to the pay telephone equipment and customer premise equipment will transfer with the respective equipment to nonoperating balance sheet accounts. Deferred taxes will be transferred to account 176.2, Accumulated deferred income· taxes-other.

16.5(46) When the pay telephone equipment is transferred from the regulated rate base, the telephone company will record the original cost of the equipment in account 31.103, Miscellaneous physical property. The current rules associated with account 31.103 that pertain to recording all revenues and expenses below-the-line, namely account 31.317, Revenues from pay telephone equipment, and account 31.318, Cost and expenses of operating pay telephone equipment, will continue. The appropriate depreciation reserve associated with pay telephone V equipment will be recorded in account 31.178, Depreciation reserve for pay telephone equip-ment. All applicable taxes will be recorded in accounts 31.326, Federal income taxesnonoperating, 31.327, Other nonoperating taxes and account 31.176.2, Accumulated deferred income taxes-other.

16.5(47) When the customer premise equipment is transferred from the regulated rate base, the telephone company will record the original cost of the equipment in account 31.103, Miscellaneous physical property. Furthermore, the current rules associated with account 31.103 that pertain to recording all revenues and expenses below-the-line, namely account 31.319, Revenues from customer premise equipment leases and sales, and account 31.320, Cost and expenses of leasing and selling customer premise equipment, will continue. More-over, the appropriate depreciation reserve associated with customer premise equipment will be recorded in account 31.175, Depreciation reserve customer premise equipment. All applicable "-..,~ taxes will be recorded in accounts 31.326, Federal income taxes-nonoperating, 31.327, Other nonoperating taxes and account 31.176.2, Accumulated deferred income taxes-other.

16.5(48)* Uniform system of accounts-telephone. The uniform system of accounts (USOA) for Class A and B telephone companies contained in Part 32 of the Federal Communications Commission's (FCC) rules and regulations adopted in CC Docket No. 78-196 on May 1, 1986, with section number changes as published at 51 F.R. 43498, December 2, 1986, and as revised by FCC amendments adopted February 3, 1987, all to be effective on January 1, 1988, is adopted with the modifications which follow. Part 32, as modified, shall be effective under these rules on the date Part 32 becomes effective as FCC rules and, upon that date, Iowa Administrative Code 199-rule 16.5(476), subrules 16.5(1) to 16.5(47), shall be repealed.

16.5(49)* a. Interexchange utilities required by the FCC to keep their accounts under the uniform system of accounts, on December 31, 1986, and all rate regulated local exchange util-ities shall be required to keep and render to the Iowa state utilities board (board) accounts \,.,/ consistent with the uniform system of accounts as modified in Iowa Administrative Code 199-subrules 16.5(1) to 16.5(47) until the effective date for Part 32 provided in subrule 16.5(48).

b. After the effective date, the utilities in paragraph .,a, above shall be required to keep and render to the board accounts consistent with the uniform system of accounts in Part 32 as modified in subrules 16.5(50) to 16.5(85).

c. On or before September 2, 1987, each rate regulated interexchange utility not required under paragraphs uau and ub, above to keep its accounts under the USOA shall file as a part of its tariff sheets, a chart of the accounts used. Upon approval, the chart shall be kept current. All subsequent reports to the board and filings in rate case proceedings shall be based upon the chart of accounts as approved by the board. To receive approval the accounts must be sufficiently specific to permit the board to carry out its regulatory functions.

d. Local exchange utilities not subject to rate regulation shall keep the revenue accounts l ) as required in paragraphs ua'' and ubu above and it is recommended but not required that .._.,., the remainder of the accounts be kept as required in paragraphs uau and ub, above. •Subrules 16.5(48) to 16.5(85) shall be effective on the date when Part 32 becomes effective as FCC rules, except subrule 16.5(49), paragraph "c" is effective 9/2187.

lAC 7/29/87, 8/26/87 Utilities [ 199] Ch 16, p.40

16.5(50)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.1l(a), is modified by inserting $10,000,000 in lieu of the $100,000,000 in both places where that figure appears.

16.5(51)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.12(a), is modified as follows: ''The company's fmancial records shall be kept in accordance with generally accepted accounting principles to the extent permitted by the Board."

16.5(52)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.13(d)(1), is modified as follows: "Complying with the requirements of federal or other state commission(s) having jurisdiction; or".

16.5(53)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.16, Changes in Accounting Standards, is deleted in its entirety.

16.5(54)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.18, is modified by substituting the words ''Iowa State Utilities Board" in lieu of the words "Federal Communications Commission."

16.5(55)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.22(a), is modified as follows: "Companies shall apply interperiod tax allocation (tax normalization to only those book/tax timing differences which must be normalized to preserve the eligibility for tax benefits or are required by the Board to be normalized."

16.5(56)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.22(c), is deleted.

16.5(57)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.22(e)(2), is modified by deleting the period at the end of the paragraph and adding, at that point, ", only upon approval of the Board."

16.5(58)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.24(b), is modified by striking the period after "ten years" and adding "unless otherwise determined by the Board."

16.5(59)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.24(c), is modified by substituting "the" in lieu of "that no more than ten".

16.5(60)* The general instructions of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.25, Unusual Items and Contingent Liabilities, is deleted in its entirety.

16.5(61)* The description for Account 31.1500 of the FCC uniform system of accounts for telephone companies is modified by adding "accounting and" after "jurisdictional" and substituting the word "Board" in lieu of the word "Commission" in the body of the section.

16.5(62)* The instructions for telecommunications plant accounts of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.2000(b)(l), is modified by inserting a period(.) after the words "original cost" and deleting all after this period.

16.5(63)* The instructions for telecommunications plant accounts of the FCC uniform sys-tem of accounts for Class A and Class B telephone companies, section 32.2000(b)(4), is modified by deleting the paragraph "4" in its entirety.

16.5(64)* The instructions for telecommunications plant accounts of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.2000(c)(2)(x)(B), is modified by substituting the word "Board" in lieu of the word "Commission".

16.5(65)* The instructions for telecommunications plant accounts of the FCC uniform system of accounts for Class A and Class B telephone companies, section 32.2000(c)(2)(x)(C), is modified by substituting the word "Board" in lieu of the word "Commission".

16.5(66)* The instructions for telecommunications plant accounts of the FCC uniform sys-tem of accounts for Class A and Class B telephone companies, section 32.20000), is modified by deleting the account titles and numbers for accounts 2310 through 2351 inclusive.

•subrulcs 16.S(48) to 16.S(8S) shall be effective on the date when Part 32 becomes effective as FCC rules, except subrule 16.S(49), paragraph "c" is effective 9/2/87.


16.5(67)* The description for Account 32.2005 Telecommunications Plant Adjustment, ~ paragraph (a), is modified by substituting "(1) the amount of money actually paid (or the current money value of any consideration other than money exchanged) for" in lieu of the phrase "(1) the fair market value of".

16.5(68)* The description for Account 32.2005 Telecommunications Plant Adjustment, paragraph (b), is modified by substituting the word "Board" for the word "Commission" where it appears in subparagraphs (1), (2), and (3).

16.5(69)* The FCC uniform system of accounts, Account 32.2007 Goodwill, is modified by adding "Note: Goodwill shall not be included in the Iowa jurisdictional rate base."

16.5(70)* The description for Subaccount 32.2231.2 Other Radio Facilities is modified by adding: "Note: This subaccount is not applicable to the deregulated radio services Mobile Telephone and Paging, see Docket No. INU-86-2."

16.5(71)* The FCC uniform system of accounts is modified by deleting accounts 32.2310 through 32.2351, inclusive, in their entirety. \.._,)

16.5(72)* The description for Account 32.2362 Other Terminal Equipment is modified by deleting the phrase "specialized communications equipment provided to meet the needs of the disabled," and ", etc" in paragraph "a."

16.5(73)* The description for Account 32.2426 Intrabuilding Network Cable is modified as follows:

1. Add the phrase "the remaining balance of" after the word "include" in the first sentence. 2. Substitute the word "customer's" in lieu of the word "company's" in the first sentence. 3. Delete the remainder of the description starting at the beginning of the second sentence. 4. Add "Note: See Iowa Administrative Code 199-22.11(476) for the Board's rules per

taining to this account." 16.5(74)* The instructions for revenue accounts of the FCC uniform system of accounts,

section 32.4999(m) is modified by deleting the account titles Cellular Mobile Revenue, Other \,.,/ Mobile Services Revenue, Public Telephone Revenue, Customer Premises Revenue and the account numbers 5003, 5004, 5010, 5050.

16.5(75)* The description for Account 32.5001(a) Basic Area Revenue is modified by deleting the last sentence which begins: "Also included ... "

16.5(76)* The FCC uniform system of accounts is modified by deleting the Account 32.5003 Cellular Mobile Revenue in its entirety.

16.5(77)* The FCC uniform system of accounts is modified by deleting the Account 32.5004 Other Mobile Services Revenue in its entirety.

16.5(78)* The FCC uniform system of accounts is modified by deleting the Account 32.5010 Public Telephone Revenue in its entirety.

16.5(79)* The FCC uniform system of accounts is modified by deleting the Account 32.5050 Customer Premises Revenue in its entirety.

16.5(80)* The instruction for Expense Accounts of the FCC uniform system of accounts, ~ section 32.5999(h), is modified by deleting accounts 6310 through 6351, inclusive, as well as the associated account titles.

16.5(81)* The description for Account 32.6231 Radio Systems Expense is modified by adding: "Note: This subaccount is not applicable for the deregulated services, Mobile Telephone and Paging, see Docket No. INU-86-2."

16.5(82)* The FCC uniform system of accounts is modified by deleting the Accounts 32.6310 through 32.6351, inclusive, in their entirety.

16.5(83)* The description for Account 32.6722 External Relations is modified by deleting item (c) in its entirety.

16.5(84)* The description for Account 32.67722 External Relations is modified by adding the following: "Note A: Performing public relations and corporate image advertising activities are to be charged to Account 32.7370."

16.5(85)* The description for Account 32.7910 Income Effect of Jurisdictional Ratemak- ~ ing Differences-Net is modified by inserting "the Iowa State Utilities Board" in lieu of the words "this Commission".

This rule is intended to implement Iowa Code sections 476.1, 476.2, 476.8 and 476.9. •subrules 16.5(48) to 16.5(85) shall be effective on the date when Part 32 becomes effective on FCC rules, except subrule 16.5(49), paragraph .. c .. is effective 9/2/87.

lAC 10/8/86 Utilities[199] Ch 16, p.42

199-16.6(476) Uniform systems of accounts-telegraph. The uniform systems of accounts for tele~raph utilities adopted b~ the F.C.C.,. editorial revision, effective December 7, 1963, are adopted with the following modifications:

The general instructions of the F.C.C. uniform systems of accounts for telegraph companies are modified by adding the following sentence: "This shall not prohibit the telephone companies from using such additional accounts as they are required or permitted to keep for their reporting to other regulatory authorities or to their stockholders, providing the board is notified of the nature, amount and purpose of such accounts in the annual report to the board and at such other times as may be requested by the board."

199-16.7(476) Filing of present promotional practices. Each public utility subject to rate regulation shall file with the board within sixty (60) days of the effective date of this rule a schedule setting forth each of the promotional practices in which engaged as defined in the board's uniform system of accounts. All practices for which the costs are to be charged to accounts 424 (electric and gas) or 31.324 (telephone) shall be set forth. The accounts currently being charged with these practices shall be so listed. The company shall show the following data for each promotional practice:

1. The name, number, or letter designation of each such promotional practice. 2. The class of persons to which such promotional practice is being offered or granted. 3. Whether such promotional practice is being uniformly offered or granted to the

persons within such class. 4. A description of such promotional practice which shall include a statement of the terms

and conditions governing same. 5. A description of the advertising or publicity employed with respect to such

promotional practice. 6. If such promotional practice is offered or granted, in whole or in part, by an affiliate

or other person, the identity of such affiliate or person and the nature of such party's participation shall be disclosed.

7. The expiration date of the practice, if known, or an estimated date. 8. Other information relevant to a complete understanding of such pro~otional practice. 9. The date or estimated date of the beginning of such promotional practices. Any promotional practice proposed subsequent to the initial listing outlined above, shall

be described in writing by the utility and such documentation provided the board no less than thirty (30) days prior to its expected implementation.

16. 7(1) Annual report. Each public utility subject to rate regulation shall file with the board, concurrently with the annual report required by law, a report of the promotional practices offered or ganted by such public utility and its affiliates during the period covered by such annual report. The report shall show in reasonable detail the amounts expended with respect to each promotional practice offered or granted. Utility should establish 424 and 31.324 subaccounts in which to categorize promotional practices so that these can readily meet the annual report requirements.

16. 7(2) Reserved.


199-16.8(476)* Compiling advertisement and expenses. The burden of compiling and classifying advertisements and promotional expenses consistent with the directions of accounts426, 426.4, et seq., 913.1, et seq., Uniform System of Accounts- Electric and Gas, 31.324, et seq., 31.642, et seq., Uniform System of Accounts- Telephone, and 910 Uniform System of Accounts- Water shall be borne by public utility companies. In this connection the burden of proof as to the accuracy of such classifications and expenses, as with other cost items, shall reside with the utility.

Where a given advertisement or group of advertisements may fall within more than one of the categories defined by accounts 426.4, et seq., 913.1, et seq., Uniform System of Accounts -Electric and Gas, 31.323, et seq., 31.642, et seq., Uniform System of Acounts- Tete-. phone, and 910 Uniform System of Accounts- Water, the utilities shall apportion the expenses of such advertisements between the categories.

Every advertisement published, broadcast, or otherwise displayed or disseminated to the public by a public utility which is to be paid for by the utility's customers and is not required by the board or other state or federal regulation shall include the following statement: "The cost of this ad will be paid for by the customers of (Company Name)." This requirement shall not apply to advertisements for products or services that are or become subject to competition as determined by the board or are treated and accounted for as part of a utility's unregulated operations. When a public utility determines that the costs of an ad are to be charged in part to the customers and in part to the public utility, the public utility shall display the following notice: "xOJo of the cost of this ad will be paid for by the customers of (Company Name)." Any statement included in advertisements under this rule shall not affect the ability of the board to determine the proper ratemaking treatment of the cost of the advertisement.

These rules are intended to implement Iowa Code sections 476.1, 476.2, 476.8 and 476.9, and 1986 Iowa Acts, Senate File 2175, section 707.

[Filed January 17, 1964; amended July 9, 1975] [Filed 8/4/76, Notice 6/1177-published 8/24/77, effective 9/28/77]

!Filed 1/19/79, Notice 8/23/78-published 2/7/79, effective 3/14/79] (Filed 7/2/81, Notice 3/ 4/81-published 7/22/81, effective 8/26/81]

[Filed emergency 4/9/82-published 4/28/82, effective 4/9/82] [Filed 8/13/82, Notices 11/25/81, 4/28/82-published 9/1182, effective 10/6/82]


[Filed 10/8/82, Notices 10/28/81, 3/3/82, 4/14/82, 7/21/82-published 10/27/82, effective 12/1/82]

[Filed 2/11/83, Notices 7/21/82, 12/8/82-published 3/2/83, effective 4/6/83] [Filed emergency 6/3/83-published 6/22/83, effective 7 /1183]

[Filed 9/9/83, Notice 6/22/83-published 9/28/83, effective 1112/83] [Filed 11/4/83, Notice 8/31/83-published 11/23/83, effective 1/1/84] [Filed 11116/84, Notice 9/12/84-published 12/5/84, effective 1/9/85*]

[Filed 7/26/85, Notices 4/24/85, 6/19/85-published 8/14/85, effective 9/18/85] [Filed 3/7/86, Notice 12/ 4/85-published 3/26/86, effective 4/30/86]

[Filed emergency 9/18/86-published 10/8/86, effective 9/18/86] [Filed 7/10/87, Notice 3/11/87-published 7/29/87, effective 9/2/87**, 1/1/88]

*Effective date 1/9/85 of rule 16.8 delayed seventy days by the administrative rules review committee • .. Subrules 16.5(48) to 16.S(8S) shall be effective on the date when Part 32 becomes effective as FCC rules, except subrule 16.5(49), paragraph "c" is effective 9/2/87.

lAC 5/6/87 Labor Services[347] Ch 10, p.2

dard on exposure to asbestos dust which would otherwise be applicable by virtue of any rule adopted in 347 lAC chapter 26.

10.19(2) Vinyl chloride. Rule 1910.1017 of the federal rules as adopted by reference in 347-10.20(88) shall apply to the exposure of every employee to vinyl chloride in every employment and place of employment covered by 347-10.12(88), in lieu of any different standard on exposure to vinyl chloride which would otherwise be applicable by virtue of any rule adopted in 347 lAC chapter 26.

10.19(3) Acrylonitrile. Rule 1910.1045 of the federal rules as adopted by reference in 347-10.20(88) shall apply to the exposure of every employee to acrylonitrile in every employment and place of employment covered by 347-10.12(88), in lieu of any different standard on exposure to acrylonitrile which would otherwise be applicable by virtue of any rule adopted in 347 lAC chapter 26.

10.19(4) Inorganic arsenic. Rule 1910.1018 of the federal rules as adopted by reference in 347-10.20(88) shall apply to the exposure of every employee to inorganic arsenic in every employment and place of employment covered by 347-10.12(88), in lieu of any different standard on exposure to inorganic arsenic which would otherwise be applicable by virtue of any rule adopted in 347 lAC chapter 26.

10.19(5) Rescinded, effective 6/10/87. 10.19(6) Lead. Rule 1910.1025 of the federal rules as adopted by reference in 347-10.20(88)

shall apply to the exposure of every employee to lead in every employment and place of employment covered by 347-10.12(88), in lieu of any different standard on exposure to lead which would otherwise be applicable by virtue of any rule adopted in 347-chapter 26.

10.19(7) Ethylene oxide. Rule 1910.1047 of the federal rules as adopted by reference in 347-10.20(88) shall apply to the exposure of every employee to ethylene oxide in every employment and place of employment covered by 347 -10.12(88), in lieu of any different standard on exposure to ethylene oxide which would otherwise be applicable by virtue of any rule adopted in 347-chapter 26.

Ch 10, p.3 Labor Services[347] lAC 8/26/87

347-10.20(88) Adoption by reference. The rules beginning at 1910.20 and continuing through 1910, as adopted by the United States secretary of labor shall be the rules for implementing Iowa Code chapter 88. This rule adopts the Federal Occupational Safety and Health Standards of29 C.F.R., Chapter XVII, Part 1910 as published at 37 Fed. Reg. 22102 to 22324 (October 18, 1972) and as amended at: 37 Fed. Reg. 23719 (November 8, 1972) 37 Fed. Reg. 24749 (November 21. 1972) 38 Fed. Reg. 3599 (February 8. 1973) 38 Fed. Reg. 9079 (April 10. I 973) 38 Fed. Reg. 10932 (May 3, 1973) 38 Fed. Reg. 14373 (June I. 1973) 38 Fed. Reg. 16223 (June 21. 1973) 38 Fed. Reg. 19030 (July 17, 1973) 38 Fed. Reg. 27048 (September 28, 1973) 38 Fed. Reg. 28035 (October 11, 1973) 38 Fed. Reg. 33397 (December 4. 1973} 39 Fed. Reg. 1437 (January 9, 1974) 39 Fed. Reg. 3760 (January 29. 1974) 39 Fed. Reg. 6110 (February 19. 1974) 39 Fed. Reg. 9958 (March 15, 1974) 39 Fed. Reg. 19468 (June 3. 1974) 39 Fed. Reg. 35896 (October 4, 1974) 39 Fed. Reg. 41846 (December 3, 1974) 39 Fed. Reg. 41848 (December 3, 1974) 40 Fed. Reg. 3982 (January 27, 1975) 40 Fed. Reg. 13439 (March 26, 1975) 40 Fed. Reg. 18446 (April 28, 1975) 40 Fed. Reg. 23072 (May 28. 1975) 40 Fed. Reg. 23743 (June 2. 1975) 40 Fed. Reg. 24522 (June 9, 1975) 40 Fed. Reg. 27369 (June 27, 1975) 40 Fed. Reg. 31598 (July 28. 1975) 41 Fed. Reg. 11504 (March 19, 1976) 41 Fed. Reg. 13352 (March 30, 1976) 41 Fed. Reg. 35184 (August 20, 1976) 41 Fed. Reg. 46~84 (October 2~. 1976) 41 Fed. Reg. 55703 (December 21, 1976) 42 Fed. Reg. 2956 (January 14, 1977) 42 Fed. Reg. 3304 (January 18, ·1977) 42 Fed. Reg. 45544 (September~9. 1_977) 42 Fed. Reg. 46540 (September 16. 1977) 42 Fed. Reg. 37668 (July 22. 1977) 43 Fed. Reg. 11527 (March 17. 1978) 43 Fed. Reg. 1%24 (May 5. 1978) 43 Fed. Reg. 27394 (June 23. 1978) 43 Fed. Reg. 27434 (June 23. 1978) 43 Fed. l~cg. 28472 (June 30. 1978) 43 Fed. Reg. 28473 (June 30. 1978) 43 Fed. Reg. 31330 (July 21. 1978) 43 Fed. Reg. 35032 (August 8. 1978) 43 Fed. Reg. 45809 (October 3. 1978) 43 Fed. Reg. 49744 (October 24. 1978) 43 Fed. Reg. 51759 (November 7, 1978)

43 Fed. Reg. 53007 (November 14, 1978) 43 Fed. Reg. 56893 (December 5, 1978) 43 Fed. Reg. 57602 (December 8, 1978) 44 Fed. Reg. 5447 (January 26, 1979) 44 Fed. Reg. 50338 (August 28, 1979) 44 "Fed. Reg. 60981 (0ctober23, 1979) 44 Fed. Reg. 68827 (November 30, 1979) 45 Fed. Reg. 6713 (January 29, 1980) 45 Fed. Reg. 8594 (February 8, 1980) 45 Fed. Reg. 12417 (February 26, 1980) 45 Fed. Reg. 35277 (May 23, 1980) 45 Fed. Reg. 41634 (June 20, 1980) 45 Fed. Reg. 54333 (August 15, 1980)

· 45 Fed. Reg. 60703 (September 12, 1980) 46 Fed. Reg. 4056 (January 16, 1981) 46 Fed. Reg. 6288 (January 21, 1981) 46 Fed. Reg. 24557 (May 1, 1981) 46 Fed. Reg. 32022 (June 19, ·1981) 46 Fed. Reg. 40185 (August 7, 1981) 46 Fed. Reg. 2632 (August 21, 1981) 46 Fed. Reg. 42632 (August 21, 1981) 46 Fed. Reg. 45333 (September 11, 1981) 46 Fed. Reg. 60775 (December 11, 1981) 47 Fed. Reg. 39161 (September 7, 1982) 47 Fed. Reg. 51117 (November 12, 1982) 47 Fed. Reg. 53365 (November 26, 1982) 48 Fed. Reg. 2768 (January 21, 1983) 48 Fed. Reg. 9641 (March 8, 1983) 48 Fed. Reg. 9776 (March 8, 1983) 48 Fed. Reg. 29687 (June 28, 1983) 49 Fed. Reg. 881 (January 6, 1984) 49 Fed. Reg. 4350 (February 3, 1984) 49 Fed. Reg. 5321 (February 10, 1984) 49 Fed. Reg. 25796 (June 22, 1984) 50 Fed. Reg. 1050 (January 9, 1985) 50 Fed. Reg. ·4648 (February 1, 1985) 50 Fed. Reg. 9800 (March 12, 1985) 50 Fed. Reg. 36992 (September 11, 1985) 50 Fed. Reg. 37353 (September 13, 1985) 50 Fed. Reg. 41494 (October 11, 1985) 50 Fed. Reg. 51173 (December 13, 1985) 51 Fed. Reg. 22733 (June 20, 1986) 51 Fed. Reg. 24325 (July 3, 1986) 51 Fed. Reg. 25053 (July 10, 1986) 51 Fed. Reg. 33033 (September 18, 1986) 51 Fed. Reg. 33260 (September 19, 1986) 51 Fed. Reg. 34560 (September 29, 1986) 51 Fed. Reg. 45663 (December 19, 1986) 52 Fed. Reg. 16241 (May 4, 1987) 52 Fed. Reg. 17753 (May 12, 1987)

lAC 8/26/87 Labor Services[347] Ch 10, p.4

This rule is intended to implement Iowa Code sections 84A.l, 84A.2, 88.2 and 88.5. [Filed 7 /13/72; amended 8/29/72, 12/1/72, 8/16/73, 10/11/73, 3/18/74, 6112174,

12/3/74, 3/ 13/75] [Filed ?120/76, Notice 12/29/75-published 3/8/76, effective 4/15/76) [Filed 6/21/76, Notice 5/17/76-published 7/12/76, effective 8/20/76] [Filed 4/13/77, Notice 3/9/77-published 5/4/77, effective 6/9/77] (Filed emergency 10/13/77-published 11/2/77, effective 10/13/771

(Filed 11/3/78, Notice 9/20/78-published 11/29/78, effective 1/10/79] (Filed emergency 2/2/79-published 2/21/79, effective 2/2/79]

[Filed 8/1/80, Notice 6/25/80-published 8/20/80, effective 9/25/80] [Filed emergency 6/15/81-published 7/8/81, effective 6/15/81]

[Filed 8/12/81, Notice7/8/81-published 9/2/81, effective 10/9/81] [Filed 4/22/83, Notice 3/16/83-published 5/11183, effective 6/15/83] [Filed S/20/83, Notice 4/13/83-published 6/8/83, effective 7 /15/83]

[Filed emergency after Notice 7/1/83, Notice 3/16/83-published 7/20/83, effective 7/1/83] [Filed 7/12/84, Notice 3/14/84-published 8/1184, effective 9/5/84]

[Filed emergency 5/8/85-published 615185, effective 5/8/85] [Filed 915185, Notice 5/8/85-published 9/25/85, effective 10/30/85]

[Filed 12/30/85, Notice 10/23/85-published 1115/86, effective 2/19/86] [Filed 3/21/85, Notice 12/18/85-published 4/9/86, effective 5/25/86]

[Filed emergency 6/27/86-published 7/16/86, effective 7/21/86] [Filed 6/27/86, Notice 3/26/86-published 7/16/86, effecitve 8/20/86]

[Filed emergency 9/5/86-published 9/24/86, effective 9/24/86] [Filed emergency 10/1186-published 10/22/86, effective 10/1/86]

[Filed 10/1/86, Notice 7/16/86-published 10/22/86, effective 11/26/86] [Filed emergency 4/17/87-published 5/6/87, effective 4/17/87]

[Filed 4/17/87, Notice 9/24/86-published 5/6/87, effective 6/10/87] [Filed emergency 5/1/87-published 5/20/87, effective 5/1187] [Filed emergency 5/14/87-published 6/3/87, effective 5114/87]

[Filed 5/12/87, Notice 10/22/86-published 6/3/87, effective 7/8/87] [Filed emergency 6/15/87-published 7/1187, effective 6/15/87]

[Filed 8/6/87, Notice 5/6/87-published 8/26/87, effective 9/30/87] [Filed 8/6/87, Notice 5/20/87-published 8/26/87, effective 9/30/87] [Filed 8/6/87, Notice 6/3/87-published 8/26/87, effective 9/30/87] [Filed 8/6/87, Notice 7/1/87-published 8/26/87, effective 9/30/87]

Editor's Note: Footnote including numbered paragraphs (1) to (5) deleted by amendment in 5/6/87 lAB, effective 6/10/87.

Ch 26, p.1 Labor Services[347]


lAC 8/26/87

SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

CHAPTER 26 CONSTRUCTION SAFETY AND HEALTH RULES

[Prior to 9/24/86, Labor, Bureau of (S30))

347-26.1(88) Adoption by reference. Rules 1926.20-1926.1003, as adopted by the United States Secretary of Labor, shall be rules for implementing Iowa Code chapter 88. This rule adopts Federal Safety and Health Regulations for Construction of 29 C.F.R., Chapter XVII, Part 1926 as published at 37 Fed. Reg. 27503-27600 (December 16, 1972). These federal rules shall apply and be interpreted to apply to the Iowa Occupational Safety and Health Act, Iowa Code chapter 88, not the Contract Work Hours and Safety Standards Act, and shall apply and be interpreted to apply to enforcement by the Iowa commissioner of labor, not the United States Secretary of Labor or the Federal Occupational Safety and Health Administration. The amendments to 29 C.P.R. 1926 are adopted as published at:

38 Fed. Reg. 16856 (June 27, 1973) 38 Fed. Reg. 27594 (October 5, 1973) 38 Fed. Reg. 33397 (December 4, 1973) 39 Fed. Reg. 19470 (June 3, 1974) 39 Fed. Reg. 24361 (July 2, 1974) 40 Fed. Reg. 23072 (May 28, 1975) 41 Fed. Reg. 55703 (December 21, 1976) 42 Fed. Reg. 2956 (January 14, 1977) 42 Fed. Reg. 37668 (July 22. 1977) 43 Fed. Reg. 56894 (December 5, 1978) 45 Fed. Reg. 75626 (November 14, 1980) 51 Fed. Reg. 22733 (June 20, 1986) 51 Fed. Reg. 25318 (July 11, 1986) 52 Fed. Reg. 17753 (May 12, 1987)

These rules are intended to implement Iowa Code sections 84A.1, 84A.2, 88.2 and 88.5. [Filed 7 /13/72; amended 8/29/72, 8/16/73, 10/11/73, 3/18/74, 12/3/74]


!Filed 11/3178. Notice 9/20/78-published 11129/78, effective 1110/79] [Filed 8/1/80, Notice 6/25/80-published 8/20/80, effective 9/25/80] [Filed 8/12/81, Notice 7/8/81-published 9/2/81, effective 10/9/81]

[Filed emergency 9/5/86-published 9/24/86, effective 9/24/86] [Filed emergency 10/1/86-published 10/22/86, effective 10/1/86]


[Filed emergency 6/15/87-publisbed 7/1/87, effective 6/15/87] [Filed 8/6/87, Notice 7/1187-published 8/26/87, effective 9/30/87]

lAC 8126187 Labor Services[347] Ch 28, p.1

27.10(2) The employer shall assure that self-contained breathing apparatus purchased are of the pressure-demand, or other positive-pressure type when such apparatus is worn by fire fighters while performing interior structural fire-fighting operations. Only pressure-demand or other positive-pressure self-contained breathing apparatus shall be used while performing interior structural fire fighting.

27.10(3) This paragraph does not prohibit the use of a self-contained breathing apparatus where the apparatus can be switched from a demand to a positive-pressure mode. However, such apparatus shall be in the positive-pressure mode when the firefighter is performing interior structural firefighting operations.

27.10(4) Negative-pressure self-contained breathing apparatus with a rated service life of more than two hours shall not be used.

These rules are intended to implement Iowa Code sections 84A.1, 84A.2, 88.2(1), 88.2(4) and 88.5(11).

[Filed 1130181, Notice 11112180-published 2118181, effective 411181] [Filed emergency 915186-published 9124186, effective 9124186]

[Filed 4117187, Notice 9124186-published 516187, effective 6110187]

CHAPTER 28 OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE

(Prior to 9/24/86, Labor, Bureau of (SJO))

347-28.1(88) Adoption by reference. Rules 1928.1, 1928.21, 1928.51-1928.53 and 1928.57, as adopted by the United States Secretary of Labor, shall be rules for implementing Iowa Code chapter 88. This rule adopts the federal Occupational Safety and Health Standards for Agriculture, 29 C.F.R. 1928 as published at 40 Fed. Reg. 18253-18268 (April25, 1975) and as amend-ed at: _

41 Fed. Reg. 10190 (March 9, 1976) 41 Fed. Reg. 11022 (March 16, 1976) 41 Fed. Reg. 22268 (June 2, 1976) 41 Fed. Reg. 46598 (October 22, 1976) 42 Fed. Reg. 37668 (July 22, 1977) 42 Fed. Reg. 38569 (July 29, 1977) 43 Fed. Reg. 27463 (June 23, 1978) 43 Fed. Reg. 28474 (June 30, 1978) 43 Fed. Reg. 35036 (August 8, 1978) 46 Fed. Reg. 32022 (June 19, 1981) 52 Fed. Reg. 16095 (May 1, 1987) These federal rules shall apply and be interpreted to apply to the Iowa Occupational Safety

and Health Act, Iowa Code chapter 88 and enforcement by the labor commissioner. This rule is intended to implement Iowa Code sections 84A.1, 84A.2, 88.2 and 88.5.

[Filed 2120116, Notice 12129175-published 318116, effective 4115176] [Filed 6121176, Notice 5117 176-published 7 I 12116, effective 8120176]

[Filed 4113177, Notice 319177 -published 514177, effective 619177] [Filed 1113178, Notice 9120178-published 11129178, effective 1110179]



[Filed 816187, Notice 613187-published 8126187, effective 9130187]

n .... ---·

· ...•

lAC 8/26/87 Inspections and Appeals[481) Analysis, p.1

\..,, INSPECTIONS AND APPEALS DEPARTMENT[481]

CHAPTER I CHAPTER 5 ADMINISTRATION INVESTIGATIONS AND HEARINGS

1.1(71GA,chl245) Organization RELATING TO PROFESSIONAL 1.2(71GA,chl245) Audits division LICENSURE WITHIN THE 1.3(71GA,ch1245) Investigations division DEPARTMENT OF PUBLIC HEALTH 1.4(71 GA,chl245) Inspections division 5.1(71GA,chl245) Definitions 1.5(71GA,ch1245) Appeals and fair hear- 5.2(71GA,ch1245) Applicability

ings division 5.3(71GA,ch1245) Inspection of beauty \.,..) 1.6(71GA,ch1245) Administering salons and barber

discretion shops 1. 7(71 GA,ch1245) Employment appeal 5.4(71GA,ch1245) Investigations of

board complaints 1.8(71GA,ch1245) Foster care review 5.5(71GA,ch1245) Preliminaries to the

board hearing 1.9(71 GA,ch 1245) The state appellate 5.6(71GA,ch1245) Conduct of the hearing

defender 5.7(71GA,ch1245) Decisions in contested 1.1 0(71 GA,ch 1245) Hospital licensing cases

·board 5.8(71GA,ch1245) Costs of transcript

CHAPTER 2 CHAPTER 6

~ PETITIONS FOR RULEMAKING MEDICAID PROVIDER AUDITS

2.1(17A) Petition for rulemaking 6.1(71GA,ch1245) Definitions 2.2(17A) Briefs 6.2(71GA,ch1245) Audit of clinical and 2.3(17A) Inquiries fiscal records by the 2.4(17A) Agency consideration department

6.3(71GA,ch1245) Who shall be audited CHAPTER 3 6.4(71 GA,ch 1245) Auditing procedures

DECLARATORY RULINGS 6.5(71GA,ch1245) Actions based on audit 3.1(17A) Petition for declaratory ruling findings 3.2(17A) Briefs 6.6(71GA,ch1245) Appeal by provider of 3.3(17A) Inquiries care 3.4(17A) Agency consideration 3.5(17A) Refusal to issue ruling

CHAPTER 7 \._.) 3.6(17A) Contents of declaratory ruling-

INVESTIGATIONS effective date 3.7(17A) Effect of a declaratory ruling 7.1(71GA,ch1245) Establishments offering

beer or liquor for CHAPTER 4 sale

CONTESTED CASE HEARINGS 7.2(71GA,ch1245) Institutions designed to 4.1(71GA,ch1245) Definitions accommodate the 4.2(71GA,ch1245) Jurisdiction needs of juveniles 4.3(71GA,ch1245) Transmission of con- 7.3(71GA,ch1245) Complaint investigation

tested cases 7.4 Reserved 4.4(71GA,ch1245) Continuances 4.5(71 GA,ch1245) Discovery and

subpoenas \...,! 4.6(71 GA,ch1245) Procedures

Analysis, p.2 Inspections and Appeals[481] lAC 8/26/87


INSPECTIONS DIVISION

CHAPTER 30 FIELD SURVEY ADMINISTRATION

30.1(10A) Inspections division 30.2(10A) Definitions 30.3(170,170A,170B,

191A) 30.4(170,170A,170B,

191A) 30.5(170,170A,l70B,

Licensing

License fees

191A) Returned checks 30.6(170,170A) Double licenses 30.7(170,170A,191A) Disposal standards 30.8(170, 170A, 170B,

191A) 30.9(170A)

Inspection frequency Inspection notice in

food service establishments

30.10(170,170A,170B, 191A) Local contracts

30.11(22) Examination of records

30.12(170, 170A, 170B, 191A) Denial, suspension

30.13(10A)

or revocation of a license to operate

Formal hearing

CHAPTER 31 FOOD ESTABLISHMENT INSPECTIONS 31.1(170) Inspection standards 31.2(170) Wholesale food standards 31.3(170) Bottled drinking water

standards 31.4(170) Proper care of seafood 31.5(170) Labeling 31.6(170) Adulterated food and disposal 31.7(170) Health hazard 31.8(170) Enforcement 31.9(170) Toilets and lavatories

CHAPTER 32 FOOD SERVICE ESTABLISHMENT

INSPECTIONS 32.1(10A) Inspection standards 32.2(10A) Posting of inspection results 32.3(170A) Clarification of ordinance

CHAPTER 33 FOOD AND BEVERAGE

VENDING MACHINE INSPECTIONS 33.1(191A) Definitions 33.2(191A) Inspection standards 33.3(191A) Enforcement 33.4(191A) Appeal rights


CHAPTER 37 HOTEL AND MOTEL INSPECTIONS

37.1(170B) Building and grounds 37 .2(170B) Guest rooms 37.3(170B) Bedding 37 .4(170B) Lavatory facilities 37 .5(170B) Glasses and ice 37 .6(170B) Employees 37. 7(170B) Room rates 37 .8( 170B) Inspections 37.9(170B) Enforcement


CHAPTER 50 HEALTH CARE FACILITIES

ADMINISTRATION 50.1(10A) Inspections 50.2(10A) Definitions 50.3(10A) Licensing 50.4(10A) Fines and citations 50.5(10A) Denial, suspension or

revocation 50.6(10A) Formal hearing 50. 7(10A) Additional notification


CHAPTER 56 FINING AND CITATIONS

56.1(135C) Authority for citations 56.2(135C) Classification of

violations-classes 56.3(135C) Fines 56.4(135C) Time for compliance 56.5(135C) Failure to correct a violation

within the time specified-penalty

56.6(135C) Treble fines for repeated violations

lAC 8/26/87 Inspections and Appeals[481] Ch 7, p.2

"Complaint" means any communication to the licensing authority resulting in a request for an investigation.

"Department" means the department of inspections and appeals. "Director" means the director of the department of inspections and appeals. "Facility" means any place subject to licensing restrictions of the department of human

services and designed to house and to meet needs of juveniles. "Licensing authority" means the department of human services. 7 .2(2) Licensing process. The department shall conduct preliminary investigations and

recommend action to the commissioner. a. Requests for licensure received from the licensing authority shall be investigated pur

suantto standards set out in human services rules 441-chapters 105, 107, 108, 114, 115, and 116. b. Written recommendations shall be submitted to the licensing authority for approval. c. If department recommendations are not accepted, the licensing authority shall return a

written explanation of strong and sufficient reasons to the department.

481-7 .3(71GA,ch124S) Complaint investigation. The department staff will conduct an investigation of a facility when a request is received by the director from the commissioner.

7 .3(1) All information concerning any investigation shall be confidential and is subject to Iowa Code 217.30.

7 .3(2) A written report of each special investigation shall be submitted to the commissioner within time frames established at the time of the initial request.

7.4 Rescinded, effective September 30, 1987. These rules are intended to implement Iowa Code section lOA.104.

[Filed emergency 7/1/86-published 7/16/86, effective 7/1/86] [Filed 2/6/87, Notice 10/8/86-published 2/25/87, effective 4/1/87] [Filed 8/6/87, Notice 7 /1187-published 8/26/87, effective 9/30/87]

... : .. ~.' . . '

lAC 8/26/87 Inspections and Appeals[481]


INSPECTIONS DIVISION

CHAPTER 30 FIELD SURVEY ADMINISTRATION

Ch 30, p.1

481-30.1(10A) Inspections division. The inspections division inspects food and food service establishments, food and beverage vending machines, hotels, and food service operations in schools, correctional and penal institutions. It also conducts preliminary inspections of places where juveniles live temporarily.

481-30.2(10A) Definitions. uBed and breakfast inn, means a hotel which has nine or fewer guest rooms. uFood establishment, means a commercial place where (1) animals are killed or dressed

for food, except those regulated by Iowa Code chapter 189A, "Meat and Poultry Inspection," (2) food is stored and sold for consumption elsewhere, or (3) food is prepared and sold for consumption elsewhere. Food establishments include but are not limited to bakeries, confectionaries, canneries, packinghouses or slaughterhouses, meat markets or groceries. Any place with a current Class "A" beer permit is not considered a food establishment for purposes of these chapters.

uFood service establishment'' means any place where food is prepared and intended for individual portion service, whether or not there is a charge for the food. The term includes schools and summer camps, but does not include private homes where food is prepared or stored for an individual family to eat. The term does not include child day care facilities or service facilities subject to inspection by other agencies of the state and located in health care facilities, or hospitals.

uHotel, means any building equipped, used, or advertised to the public as a place where sleeping accommodations are rented to temporary guests.

uMobilefood unit, means a food service establishment on a vehicle which is easy to move. uPushcart, means a vehicle limited to serving foods not potentially hazardous, or foods

wrapped elsewhere and kept at proper temperatures. The vehicle is not self-propelled. usalvage food, means food from truck wrecks, fires, tornadoes, or other disasters which

involve food products. uTemporary food service establishment, means a service is at a fixed location not longer

than 12 days in a row for a single event or celebration. uvending machine, means any device which, upon insertion of a coin or token, dispenses

unit servings of food. The servings are in bulk or in packages which are stored in the device.

481-30.3(170,170A,170B,191A) Licensing. A license to operate any of the above must be granted by the department of inspections and appeals. Application for a license is made on a form furnished by the department which contains the names of the business, owner, and manager; location of buildings; or other data relative to the license requested. Applications are available from the Inspections Division, Iowa Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319.

30.3(1) A license is not transferable. 30.3(2) A license is renewable and expires after one year. . 30.3(3) A valid license shall be posted no higher than eye level where the public can see

it. Vending machines shall bear a tag to affirm the license. This rule is intended to implement Iowa Code sections 170.3, 170A.4, 1708.5, and 191A.6.

Ch 30, p.2 Inspections and Appeals[481] lAC 8/26/87

481-30.4(170,170A,170B,191A) License fees. Fees for licenses are based on annual gross ~...,./ sales rounded to the nearest dollar and charged according to the Iowa Code sections below.

Food establishments (Application Form 427-2274, Renewal 427-2275) Iowa Code section 170.5.

Food service establishments (Application Form 427-2276, Renewal 427-2280) Iowa Code section 170A.5:

Food and beverage vending machines (Application Form 427-2388) Iowa Code section 191A.4. Hotels (Application Form 427-2377) Iowa Code section 1708.6. This rule is intended to implement Iowa Code sections 170.5, 170A.5, 1708.6, and 191A.4.

481-30.5(170,170A,1708,191A) Returned checks. If a check intended to pay for any license provided for in these chapters is not honored for payment by the bank on which it is drafted, the department will attempt to redeem the check. The department shall notify the applicant of the need to provide sufficient payment. An additional fee of $10 shall be assessed for each ~ dishonored check. If the department does not receive cash to replace the check, the establish-ment will be operating without a valid license.

481-30.6(170,170A) Double licenses. 30.6(1) When the department determines that only a few grocery items are sold in a food

service establishment, a food establishment license is not required. 30.6(2) A licensed food establishment shall pay only 50 percent of the fee for a food service

establishment on the same premises. This rule is intended to implement Iowa Code sections 170.5 and 170A.5.

481-30.7(170,170A,191A) Disposal standards. Standards in the 1984 edition of the "Model Food Salvage Code" are used to regulate the disposal of salvaged or distressed merchandise. A copy is available from the Inspections Division of the Iowa Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319.

481-30.8(170,170A,1708,191A) Inspection frequency. All establishments are inspected annually. Food service establishments are inspected twice a year.

This rule is intended to implement Iowa Code sections 170.46, 170A.3, 1708.14 and 191A.8.

481-30.9(170A) Inspection notice in food service establishments. This notice, received after an inspection, must be posted at the licensed premises as soon as it is received in a place that is easily seen by the public.

This rule is intended to implement Iowa Code section 170A.I2.

481-30.10(170,170A,170B,191A) Local contracts. The department may contract with ~ municipal corporations to inspect and collect license fees from any establishment covered by these rules. Inspections shall be pursuant to the Iowa Administrative Code 481-Chapters 30 to 33 and Chapter 37. A list of contracts is available from the Inspections Division, Iowa Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319.

This rule is intended to implement Iowa Code sections 170.55, 170A.4, 1708.3 and 191A.I4.

481-30.11(22) Examination of records. Information collected by the inspections division is considered public information. Records are stored in computer files and are not matched with any other data system. Information is available for public review and will be provided when requested from the office of the director.

481-30.12(170,170A,170B,191) Denial, suspension or revocation of a license to operate. Notice of denial, suspension, or revocation of a license shall be provided by the department ~ and shall be effective 30 days after mailing or personal service of the notice.


481-30.13(10A) Formal hearing. All decisions of the division may be contested by an adversely affected party. Request for a hearing must be made in writing to the department within 30 days of the mailing or service of a decision. Appeals and hearings are controlled by Iowa Administrative Code 481-Chapter 4, "Contested Case Hearings."

30.13(1) The proposed decision of the hearing officer becomes final ten days after it is mailed.

30.13(2) Any request for administrative review of a proposed decision must: a. Be made in writing, b. Be filed with the director within ten days after the proposed decision was mailed to the

aggrieved party, (date of receipt by personal service or the postmarked date is time of filing). c. State the reason(s) for the request. 30.13(3) The decision of the director shall be based upon the record and becomes final

agency action upon mailing. These rules are intended to implement Iowa Code sections 22.11, and chapters 170, 170A,

170B, and 191A. [Filed 8/6/87, Notice 7 /1/87-published 8/26/87, effective 9/30/87]

CHAPTER 31 FOOD ESTABLISHMENT INSPECTIONS

[Prior to 8/26/87, see Inspections and Appeals Department(481)-Chs 21 and 22)

481-31.1(170) Inspection standards. Standards in the 1982 edition of the Retail Food Store Sanitation Code are used to inspect all food establishments. Exceptions to the sanitation code are as follows:

1. Section 9-103 is deleted. This section repeals "all codes and parts of codes" in conflict with the Retail Food Store Sanitation Code.

2. Retail food stores built or remodeled after July 1, 1986, must meet building standards in the Retail Food Store Sanitation Code. A copy is available from the Inspections Division, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319.

3. Food establishments are inspected before a license is granted and annually thereafter. 31.1(1) An inspector may enter a food establishment at any reasonable hour and shall be

given free access to every part of the premises for each inspection. The inspector shall receive any help needed to make a thorough and complete inspection.

31.1(2) A food establishment which is also a food service establishment is inspected for both licenses at the same time.

481-31.2(170) Wholesale food standards. Standards use to inspect places where wholesale food is manufactured, processed, packaged or stored are found in the Code of Federal Regulations in 21 CFR, Parts 110, 118, 122, and 123, "Current Good Manufacturing Practices in Manufacturing, Processing, Packing, or Holding Human Food."

Copies of these regulations are available from the Inspections Division of the Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319.

481-31.3(170) Bottled drinking water standards. Standards used to inspect places which process bottled drinking water are found in the Code of Federal Regulations 21 CFR, Parts 103.35 and 129, "Processing and Bottling of Bottled Drinking Water."

Copies of these regulations are available from the Inspections Division of the Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319.


481-31.4(170) Proper care of seafood. All seafood, including fresh fish, shellfish, and other perishable fishery products shall be stored or displayed at an internal temperature of 32 °F (0°C) or less.

481-31.5(170) Labeling. The following labeling standards are required in addition to those in the Retail Food Store Sanitation Code. Labels on or with packaged foods shall be in legible English and tell:

1. The true name, brand, or trademark of the article, 2. The names of all ingredients in the food, beginning with the one present in the largest

proportion, 3. The quantity of the contents in terms of weights, measure, or numerical count, 4. The name and address of the manufacturer, packer, importer, distributor, or dealer. Foods and food products labeled in conformance with the labeling requirements of the govern-

ment of the United States as listed in the Code of Federal Regulations in 21 CFR, Parts 101 and 102 are considered in compliance with Iowa labeling law.

481-31.6(170) Adulterated food and disposal. No one may produce, distribute, offer for sale, or sell adulterated food.

31.6(1) Adulterated food: a. Contains something which makes the food injurious to health, or b. Has been in unsanitary conditions which cause it to be unsafe for use as food, or c. Is the product of a diseased animal or one that has died by means other than slaughter, or d. Is in a container constructed to cause the food to be injurious to health, or e. Food with a valuable ingredient left out or removed. This list shall not be construed to limit the definition of adulterated food. 31.6(2) Adulterated food shall be disposed of in a reasonable manner as determined by

the department. The destruction of adulterated food may be watched by a person approved by the department.

481-31. 7(170) Health bazard. If an imminent health hazard exists, an establishment must stop operating and shall not begin again until authorized by the department.

481-31.8(170) Enforcement. Violation of these rules or any provision of Iowa Code chapter 170 is a simple misdemeanor. The department may employ various remedies if violations are discovered.

A license may be revoked. An injunction may be sought. A case may be referred to a county attorney for criminal prosecution.

481-31.9(170) Toilets and lavatories. Toilets and lavatories shall be available to employees and to patrons. They shall be well lighted and electrically vented to the outside of the building.

These rules are intended to implement Iowa Code chapter 170. [Filed 10/13/78, Notice 8/23/78-published 11/l/78, effective 12/7/78] [Filed 4/23/82, Notice 3/17/82-published 5/12/82, effective 6/16/82]

[Filed 12/3/82, Notice 10/27/82-published 12/22/82, effective l/26/83] [Filed 9/21/84, Notice 8/15/84-published 10/10/84, effective 11/14/84] [Filed 8/23/85, Notice 7/17/85-published 9/11/85, effective 10/16/85] [Filed 1/25/85, Notice 12/19/84-published 2/13/85, effective 3/20/85] [Filed 2/20/87, Notice l/14/87-published 3/11/87, effective 4/15/87] [Filed 8/6/87, Notice 7/l/87-published 8/26/87, effective 9/30/87]


CHAPTER 32 FOOD SERVICE ESTABLISHMENT INSPECTIONS

(Prior to 8/26/87, see Inspections and Appeals Departmcnt(481)-Ch 23]

481-32.1(10A) Inspection standards. Standards used to inspect food service establishments are found in the 1976 edition of the Food and Drug Administration Food Service Sanitation Ordinance (Ordinance) subject to the following amendments:

1. Sections 1-102 (h), (i) and (z), 1-104, and 10-601 are deleted. 2. Section 10-101 is amended to say that school operations, churches, fraternal societies,

or civic organizations which serve food ten times a month or less do not need to be licensed. 3. Section 10-201 is amended to say that all food service establishments are inspected before

a license is granted and every six months thereafter. Schools and summer camps are inspected once a year.

A copy of the ordinance is available from the Inspections Division, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319.

Food service establishments built or remodeled after January 1, 1979 must meet building standards in the ordinance.

481-32.2(10A) Posting of inspection results. 32.2(1) A food service establishment which is rated lower than 76 twice in a row shall post

the numerical rate with the word "poor". The numerical rating is explained in the ordinance. The numerical rate shall be posted where it is easy for the public to see.

32.2(2) A person may request reinspection at any time. The request must: a. Be in writing, b. Be signed by the applicant, and c. Specify which improvements have been made. 32.2(3) When the department receives a request for reinspection, the department will make

every effort to conduct the reinspection within 14 days, or as soon as possible after that, not to exceed 30 days.

481-32.3(170A) Clarification of ordinance. 32.3(1) All silverware on preset tables in dining rooms shall be covered to prevent contamina

tion. 32.3(2) All employees who assemble, dress, cook, manufacture, compound, or serve food

are required to effectively restrain hair, wigs, and beards. Caps, hair spray, bandanas, head scarves and hairnet are acceptable restraints provided they cover and restrain the hair.

32.3(3) When alcoholic beverages are served in a food service establishment, a sink with not fewer than three compartments shall be used in the bar area for manual washing, rinsing and sanitizing of bar utensils and glasses. Where food is served in a bar, a separate three compartment sink for washing, rinsing and sanitizing food-related dishes shall be used in the kitchen area.

32.3(4) Toilets and lavatory facilities shall be available to patrons. They shall be well lighted and electrically vented to the outside of the building.

32.3(5) Separate toilet facilities for men and women shall be provided in: a. Places which seat 50 or more people built or extensively remodeled after January 1, 1979,

and b. Places which serve beer or alcoholic beverages. These rules are intended to implement Iowa Code chapter 170A.

[Filed January 11, 1966; amended September 13, 1966; December 16, 1966, July 30, 1973, November 30, 1973]

[Filed 11/24/75, Notice 10/20/75-published 12/1/75, effective 1/5/76] [Filed 7/29/77, Notice 4/6/77-published 8/24/77, effective 9/28/77)

[Filed 10/13/78, Notice 8/23/78-published 11/1/78, effective 1217/78] [Filed 2/20/87, Notice 1/14/87-published 3/11/87, effective 4/15/87] [Filed 8/6/87, Notice 7/1/87-published 8/26/87, effective 9/30/87]


CHAPTER 33 FOOD AND BEVERAGE VENDING MACHINES INSPECTIONS

(Prior to 8/26/87, see Inspections and Appeals Departmcnt(481)-Ch 24)

481-33.1(191A) Definitions. ,.Nonperishable foods, means gum, canned or bottled soft drinks, and panned candies.

Peanuts and nuts dispensed in ball gum type machines are also considered nonperishable snacks. ,.Panned candiesu are those with a fine hard coating on the outside and a soft candy filling

on the inside. Panned candies are easily dispensed by a ball gum type machine. ,.Perishable foods, includes potato chips, other deep fried snacks, soups, juices, soft drinks

dispensed in cups, candy bars, cheese, cookies, cakes, snacks with peanut butter and creamed snacks.

481-33.2(191A) Inspection standards. Standards in the 1978 edition of the Food and Drug Administration Food and Beverage Vending Machine Ordinance are used to inspect vending machines. Exceptions to this ordinance are below.

1. Sections 1-104 and 6-601 are deleted. 2. Section 6-201 is changed to require one inspection each calendar year. Other inspections

may be made to assure compliance with the Iowa Code and rules and regulations. A copy of the Vending Machine Ordinance is available from the Inspections Division, Depart

ment of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319. An inspector may inspect a commissary or vending machine at any reasonable hour and

shall be given free access to every part of the premises for each inspection. A complete list of vending machines and their locations shall be maintained by the operator and shall be given to an inspector if requested.

481-33.3(191A) Enforcement. Violation of these rules or any provision of Iowa Code chapter 191A is a simple misdemeanor. The department may employ various remedies if violations are discovered.

A license may be revoked. An injunction may be sought. A case may be referred to a county attorney for criminal prosecution.

481-33.4(191A) Appeal rights. Any decision of the department may be appealed to the director in accordance with the procedures set out in Iowa Administrative Code 481-Chapter 30.

These rules are intended to implement Iowa Code chapter 191A. [Filed 119/74; amended 3/13/74]

[Filed 10/13/78, Notice 8/23/78-published 11/1178, effective 12/7/78] [Filed 2/20/87, Notice 1114/87 -published 3/11/87, effective 4/1 5/87] [Filed 8/6/87, Notice 7/1187-published 8/26/87, effective 9/30/87]



CHAPTER 37 HOTEL AND MOTEL INSPECTIONS

481-37.1(1708) Building and grounds. Owners or managers are expected to keep hotels clean. This means there shall be no litter nor accumulation of refuse anywhere on the premises.

The floors, walls, and ceilings shall be kept clean and in good repair. 37.1(1) Screens or self-closing doors shall be used to keep flies, mosquitoes and other pests

out of hotel lobbies, kitchens, or any other indoor area. Other effective methods are acceptable. 37 .1(2) All garbage must be kept in metal or plastic containers with tight fitting lids. Gar

bage must be removed regularly so it does not create offensive odors, a problem with insects or rodents, or health or fire hazards.

37.1(3) Any room or article which becomes infested with insects or vermin shall be cleaned or chemically treated until there are no more insects or vermin.

481-37.2(1708) Guest rooms. Hotels built or extensively remodeled as determined by the ·department, after January 1, 1979, shall provide ventilation in guest rooms with windows or mechanical devices. The furniture, drapes and accessories shall be kept clean and in good repair.

481-37.3(1708) Bedding. All materials used on a bed or any sleeping place shall be kept clean and in good repair.

37.3(1) There shall be an under sheet and top sheet for every bed. Pillows shall have pillow slips. The sheets shall be large enough to completely cover the mattress.

37 .3(2) Each guest shall be furnished clean sheets and pillow slips. 37 .3(3) All other bedding shall be aired between guests and shall be kept clean.

481-37.4(1708) Lavatory facilities. Hotels built or remodeled after January 1, 1979, shall have lavatory facilities in each guest room, except for bed and breakfast inns.

37 .4(1) Each guest room shall be equipped with hot and cold running water. The fixtures must be easy to clean. The floors shall be nonabsorbent and impermeable so they can be washed with water.

37 .4(2) Lavatory rooms shall be well lighted and shall be vented to the outside of the building. This may be done with electric units.

37 .4(3) Each guest shall have a clean towel each day. 37 .4(4) Bed and breakfast inns shall provide at least one restroom which is available to

overnight guests. The restroom must be equipped as provided in subrules 37.4(1) to 37.4(3).

481-37.5(1708) Glasses and ice. 37 .5(1). Each guest shall have clean glasses to use. All cups, glasses or utensils usable more

than once shall be sanitized by: a. Immersion for at least one-half minute in clean, hot water at a temperature of at least

170°F; or b. Immersion for at least one minute in a clean solution containing at least 50 parts per

million of available chlorine as a hypochlorite and at a temperature of at least 75 °F; or c. Immersion for at least one minute in a clean solution containing at least 12.5 parts per

million of available iodine and having a pH not higher than 5.0 and at a temperature of at least 75 °F; or

d. Immersion in a clean solution containing any other chemical sanitizing agent allowed under 21 CFR 178.1010 that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of a least 75 ° F for one minute.


37 .5(1) When hot water is used for sanitizing, the following equipment shall be used: '\tw) a. An integral heating or fixture installed in, on, or under the sanitizing compartment of

the sink capable of maintaining the water at a temperature of at least 170°F; and b. A numerically scaled indicating thermometer, accurate to ± 3 o F, convenient to the sink

for frequent checks of water temperature. 37 .5(3) Ice kept for guests to use shall be protected from contamination. Lids on ice

machines or storage bins shall be tight. Containers used to store ice shall be continuously drained and there shall be an air gap in addition to the drain. Standards in Chapter 4, "Equipment and Utensil Materials'' of the 1976 edition of the Food Service Establishment Ordinance are to be met for equipment and utensils used to store or handle ice.

481-37.6(1708) Employees. No employer shall allow a person who has a communicable disease, as defined in Iowa Code chapter 139, to work in a hotel.

481-37.7(1708) Room rates. A list visible to the public posted near the office shall indicate room numbers and floor and the cost per day per person. The cost per day per person shall also be posted in each room.

481-37.8(1708) Inspections. An inspector may enter a hotel at any reasonable hour and shall be given free access to every part of the premises for each inspection. The inspector shall receive any help needed to make a thorough and complete inspection.

481-37 .9(1708) Enforcement. Violation of these rules or any provision of Iowa Code chapter 170B is a simple misdemeanor. The department may employ various remedies if violations are discovered.

A license may be revoked. An injunction may be sought. ~ A case may be referred to a county attorney for criminal prosecution. These rules are intended to implement Iowa Code chapter 170B.


[Filed emergency 12/6/84-published 1/2/85, effective 12/6/84] [Filed 2/8/85, Notice 1/2/85-published 2/27/85, effective 4/3/85]



lAC 8/26/87 Inspections and Appeals[481] Ch 50, p.l

CHAPTER 50 HEALTH CARE FACILITIES ADMINISTRATION

481-50.1(10A) Inspections. The division of health facilities inspects health care facilities and hospitals in Iowa. Standards to be met to obtain a license are explained in this chapter.

481-50.2(10A) Definitions. ,.Administrator, means the chief inspector who coordinates the activities of the division. ,.Department, means the department of inspections and appeals. ,.Director, means the director of inspections and appeals. ,.Division,. means the division of health facilities.

481-50.3(1358,135C) Licensing. All hospitals and health care facilities shall be licensed by the department of inspections and appeals. Applications are available from the Health Facilities Division, Lucas State Office Building, Des Moines, Iowa 50319-0114. Completed applications are returned to the division with the fee.

50.3(1) Initial fees for hospitals are: a. Fifty beds or less, $15; b. More than 50 and not more than 100 beds, $25; c. Any greater number of beds, $50. A fee of $10 is charged to renew a hospital license each year. This subrule is intended to implement Iowa Code sections 135B.4 and 135B.5. 50.3(2) Initial and renewal fees for health care facilities are: a. Ten beds or less, $20; b. More than 10 and not more than 25 beds, $40; c. More than 26 and not more than 75 beds, $60; d. More than 76 and not more than 150 beds, $80; e. Any greater number of beds, $100. This subrule is intended to implement Iowa Code section l35C. 7. 50.3(3) Standards used to determine whether a license is granted or retained are found

in the rules of the department of inspections and appeals in the Iowa Administrative Code as follows:

a. Residential health care facilities, 481-chapters 57 and 60, b. Intermediate care facilities, 481-chapters 58 and 61, c. Skilled nursing facilities, 481-chapters 59 and 61, d. Residential care facilities for the mentally retarded, 481-chapters 60 and 63, e. Intermediate care facilities for the mentally retarded, 481-chapters 61 and 64.

Standards used for hospitals are found in rules of the department of public health 470-chapter 51.

This subrule is intended to implement Iowa Code sections 135B.7 and 135C.14. 50.3(4) Posting of license. The license shall be posted in each facility so the public can

see it easily. This rule is intended to implement Iowa Code sections 135B.7 and 135C.l4.

481-50.4(135C) Fines and citations. A fine or citation will be issued and may be contested according to the rules in the Iowa Administrative Code 481-chapter 56.

481-50.5(135C) Denial, suspension or revocation. 50.5(1) A denial, suspension or revocation shall be effective 30 days after certified mailing

or personal service of the notice. 50.5(2) A hearing may be requested and the request must be made in writing to the depart

ment within 30 days of the mailing or service.


481-50.6(10A) Formal hearing. All decisions of the division may be contested. Appeals ~ and hearings are controlled by Iowa Administrative Code 481-Chapter 4, "Contested Case Hearings.''

50.6(1) The proposed decision of the hearing officer becomes final ten days after it is mailed. 50.6(2) Any request for administrative review of a proposed decision must: 1. Be made in writing, 2. Be mailed by certified mail to the director, within ten days after the proposed decision

was mailed to the aggrieved party, 3. State the reason(s) for the request. A copy shall also be sent to the hearing officer at the Department of Inspections and Appeals,

Lucas State Office Building, Des Moines, Iowa 50319. 50.6(3) The decision of the director shall be based upon the record and becomes final agency

action upon mailing by certified mail. This rule is intended to implement Iowa Code section 10A.202(1), paragraph "g." ~

481-50.7(10A,135C) Additional notification. The director shall be notified within 24 hours: 1. Of any accident causing major injury or death including but not limited to: The resident wandered away, The resident was assaulted, The resident attempted suicide. 2. When damage to the facility which impairs its ability to function is caused by fire, natural,

or other disaster. A telephone call to the administrator is adequate notice. A written report may be requested.

(1, II, III) This rule is intended to implement Iowa Code section 135C.26. These rules are intended to implement Iowa Code sections 10A.202(1)ug, ,, 10A.502(3), ~

10A.502(4), 135B.3 to 135B.7, 135C.6, 135C.7, 135C.10, 135C.ll, 135C.l4, 135C.l6, 135C.l9 and 135C.26.

[Filed 6/25/87, Notice 4/8/87-published 7/15/87, effective 8/19/87]


lAC 7/29/87 Natural Resources Department[561]

CHAPTER 6 DECLARATORY RULINGS

Ch 6, p.l

Insert the declaratory rulings segment of the Uniform Administrative Rules which is printed in the front of Volume I of the Iowa Administrative Code, with the following amendments:

561-6.1(17A) Petition for declaratory ruling. In lieu of the words "designate office" insert "the Director of the Department of Natural Resources, Henry A. Wallace Building, 900 East Grand Avenue, Des Moines, Iowa 50319-0034." In lieu of the words "AGENCY NAME", the heading on the petition should read:

BEFORE THE DEPARTMENT OF NATURAL RESOURCES

561-6.3(17A) Inquiries. Inquiries concerning the status of a petition for a declaratory ruling may be made to the Chief of Government Liaison Bureau, Coordination and Information Division, Department of Natural Resources, Henry A. Wallace Building, 900 East Grand Avenue, Des Moines, Iowa 50319-0034.

Amend rule 561-6.4(17A) by adding the following: If the issue is within the rule-making authority of one of the department's commissions,

the ruling or declination, along with the petition and briefs, also shall be mailed to the commission members.

A ruling, including a refusal to rule, issued by the director is final unless the issue is within the rule-making authority of one of the department's commissions in which case the ruling or refusal is final unless appealed to the commission within ten days of receipt by the petitioner or reviewed by the commission on its own motion. On appeal or review, the commission may:

1. Approve the director's ruling, in which case the ruling becomes the final declaratory ruling of the department, or

2. Reverse or modify the declaratory ruling, in which case the modified ruling becomes the final declaratory ruling of the department, or

3. Request additional information from the petitioner, or 4. Decline to issue a ruling, as specified in rule 6.5(17 A). The commission's ruling or refusal to rule shall be made within a reasonable time and shall

be sent by certified mail to the petitioner upon issuance. These rules are intended to implement Iowa Code section 17A.9.

[Filed 5/29/87, Notice 1/28/87-published 6/17/87, effective 7/22/87]


Ch 9, p.1 Natural Resources Department[561]

CHAPTER 9 GROUNDWATER HAZARD DOCUMENTATION

561-9.1(72GA,HF631) Authority, purpose and application.

lAC 8126181.

9.1(1) Authority. Pursuant to 1987 Iowa Acts, House File 631, section 307, the department is required to adopt rules pertaining to a statement to be submitted to the recorder when recording instruments transferring real property regarding the existence and location of wells, disposal sites, underground storage tanks, and hazardous wastes on the property.

9.1(2) Purpose. The purpose of these rules is to provide the necessary form, instructions, and explanation of this requirement. It is the purpose of the statute to give notice to the department and the transferee of real property of the condition of the wells, disposal sites, underground storage tanks, and hazardous waste disposal existing on the real estate.

9.1(3) Applicability. These rules shall apply to all persons, corporations, and other legal entities who are transferors or transferees of real property within the state of Iowa as well as all county recorders who are called upon to record instruments transferring real property in Iowa.

9.1(4) Definition. "Transferor" includes grantor. "Transferor" includes a transferor in any transaction for which a declaration of value must be submitted to the county recorder. Additionally, transferor shall generally mean a person as defined in Iowa Code section 4.1(13) who voluntarily transfers a possessory interest that the person voluntarily acquired in real property. Transferor shall include a transferor in the following transactions that are exempt from the submission of a declaration of value: any plat; any recorded lease; any voluntary transfer or receipt of real property by governmental entities (excluded are transactions such as sheriff's deed, tax deed, and clerks change of title).

561-9.2(72GA,HF631) Form. 9.2(1) The transferor, their agent or attorney, shall sign department Form 542-0960

"Groundwater Hazard Statement," which may be obtained from the department or local county recorder.

9.2(2) The form shall be submitted to the county recorder in triplicate at the time that the declaration of value, deed, real estate contract, vendee's real estate contract assignment, plat, lease or other instrument of real property transfer is filed with the county recorder.

9.2(3) The county recorder shall retain one copy of the statement, return a copy of the statement to the transferee when the recorded instrument is returned, and shall send the original of all statements filed the preceding month to the department within 15 days after the close of each month.

9.2(4) The form shall include the name, address, and social security number of both the transferor and transferee; the street address of the real estate involved; and the legal description of the real estate involved. The form shall set forth the information contained in 1987 Iowa Acts, House File 631, section 307.

These rules are intended to implement 1987 Iowa Acts, House File 631, section 307. [Filed emergency 7 I 1181 -published 7129181, effective 7 I 1187]

[Filed emergency 7131187-published 8126181, effective 7131187]


CHAPTERS 100 and 101 Transferred to Public Defense (6SO]IAB 7/29/87

lAC 8/26/87 Natural Resource Commission[571] Ch 24, p.3

a. Economic impact (3) I. Number of people employed to complete project, 2. Number of permanent staff positions created, 3. Unemployment rate in impacted area, 4. Population in impacted area, 5. Anticipated income from user fees per year, 6. Anticipated increase in private sector economic activity as a result of the proposed

project, 7. Anticipated additional recreation-use days as a result of the project.

b. Multiuse trail (2) c. Project scope (2) d. Local or regional need (2) e. Project site quality (2) f. Relationship to recreation/tourism/leisure plan, statewide comprehensive outdoor recre

ation plan and department plan (2) g. Percent of local share from sources other than county taxes with no repayment require-

ment (2) h. Proximity to a federal or state highway (I) i. Immediate access (I) j. Special facilities for the handicapped (I) k. Funds committed reducing state grant share of total project cost (I) Each criterion will be given a score of from 0 to 10 based on the various factors which are

considered which will then be multiplied by the weight factor. 24. 7(4) Applications not selected for grant assistance. All applications not selected for

grant assistance during the fiscal year in which submitted or during the next following fiscal year will be returned to the applicant.

24. 7(5) Rating system not used. The rating system will not be applied during any review in which the total grant request, including backlogged applications, is less than the anticipated amount available for grant purposes. Applications will be reviewed only to determine eligibility and overall desirability.

571-24.8(99E) Department review. Grant applications as prioritized by the committee and recommended to the director will be presented to the natural resource commission for final approval. Approval by the commission will establish the budget for each approved project for each fiscal year. The commission may alter the ran kings recommended by the committee. If rankings are altered, the commission will state its reasons for alteration. Approval at this point will not constitute approval of the obligation of funds for a project.

571-24.9(99E) Notification of grant application rankings. Immediately following approval of grant application rankings by the commission, all applicants will be notified of their ranking. The highest ranked applicants, up to the amount for county conservation board projects transferred to the jobs now account for that year, will be advised to notify the department as soon as they are ready to commence work on their projects.

571-24.10(99E) Obligation of funds. When a board is prepared to enter into a contract for land acquisition or development, it shall submit a request to the department for the obligation of funds. The following requirements must be met prior to a request for obligation of funds:

1. Approval by the commission as required under Iowa Code chapter IliA. 2. Approval of plans and specifications by the department. 3. Signed option to acquire at or below appraised price or value established by approved

property value analysis, conditioned upon receipt of a recreation/tourism grant. 4. Statement of availability and commitment of local funds.

Ch 24, p.4 Natural Resource Commission[571] lAC 2/25/87

5. Appraisals or cost analyses approved by the department. ~ Funds will be obligated immediately or as soon as available in the jobs now account. How-

ever, no funds will be obligated until the department is satisfied that the board is prepared to approve a contract within forty-five (45) days.

571-24.11(71GA,ch33) Order of funding. Approved projects will be funded in the order of their ranking. However, when it becomes necessary to delay obligation of funds due to a shortage in the jobs now account and, as a result, a backlog of requests occurs, funds will be allocated to projects in accord with their ranking until May 31 of the year following. Any funds not obligated by May 31 will be made available to approved projects with a lower rank that are ready for obligation.

571-24.12(71GA,cb33) Timely commencement of projects. 24.12(1) Commencement deadline. Boards which are notified that their projects are sched

uled for funding shall be prepared to commence their projects within nine (9) months following notification.

24.12(2) Penalty. Failure to submit a request for obligation of funds within a nine-month period will result in the loss of the grant opportunity. Any such project will be placed on backlog to be considered during the next following review.

24.12(3) Replacement. If funds are available, grant applicants previously ranked but not approved by the commission may be given the opportunity to receive a grant in the order in which their grant applications were ranked. Projects must be in a position to request the obligation of funds prior to the end of the fiscal year.

571-24.13(71GA,ch33) Project period. A project period which is commensurate with the work to be accomplished will be assigned to each project for which a grant is approved. Project period extensions may be granted by the director only in cases of extenuating circumstances.

571-24.14(71GA,cb33) Grant amendments. Projects for which grants have been approved may be amended, upon request of the grant recipient and approval of the agency, to increase or decrease project scope or to decrease grant assistance. No amendment will be approved to increase grant assistance, except at the annual review or during an interim review.

571-24.15(71GA,ch33) Grant payments. 24.15(1) Project billings. Grant recipients shall submit billings for reimbursement on bill

ing forms provided by the department. 24.15(2) Project billing amount. No project billing shall be submitted for less than $5,000 ~

except for a final billing. 24.15(3) Final project billing. A final project billing shall be submitted within ninety days

following completion of the project or the end of the project period, whichever comes sooner. 24.15(4) Documentation. Grant recipients shall maintain documentation as required by

the department to substantiate all costs incurred on a project. 24.15(5) Advance payments. Upon proper evidence of need, advance payments may be

made to grant recipients for land acquisition payments and for payments to contractors on development work. Advance payments will be in amounts not less than $5,000 and will not be paid out until actually needed by the recipient. For land acquisition projects, advance payments may be one hundred percent (lOOOJo) of the state's share of the project for documented expenses and for development work, advance payments shall be ninety percent (90%) of the state's share of the project cost.

24.15(6) Direct payments to landowners. If good cause can be shown by the grant recipient, V the department may approve direct payment to the seller of the grant portion of the purchase

lAC 2/25/87 Natural Resource Commission[571] Ch 24, p.S

price on land acquisition projects. Direct payments may also be approved to any third party which may have paid the purchase price and taken title to the land in the name of the grant recipient.

24.15(7) Grant payment withheld. Ten percent of the total grant payment due to a grant recipient for a development project will be withheld pending a final site inspection or until any irregularities discovered as a result of a final inspection have been resolved.

571-24.16(71GA,ch33) Recordkeeping and retention. A grant recipient shall keep adequate records relating to its adminstration of a grant assisted project, particularly relating to all incurred costs. These records shall be available for audit by representatives of the department and the state auditor's office.

571-24.17(71GA,ch33) Subsequent project reviews. 24.17(1) Previously approved projects. Each board with an active project for which a grant

was approved in a previous fiscal year shall submit a project status report including any revisions in economic impact estimates and cost estimates. This report shall be submitted by the close of business by May 31 of each year. At subsequent reviews, the department will approve budgets for new projects only after ensuring that adequate funds are budgeted for projects approved at previous project reviews, to the extent of available funding. However, expansion of the scope of a previously approved project will be treated as a new project.

24.17(2) Review committee action. The committee will rank new grant applications and additionally will recommend any project budget and scheduling modifications that may be necessary relating to previously approved projects due to increases or decreases in estimates and funding availability.

571-24.18(71GA,ch33) Interim reviews. The director may order an interim review process upon sixty (60)-day notice to all boards. Interim review may be ordered to compensate for major increases or decreases in costs or estimates relating to approved projects, significant changes in lottery funding availability, or unique project opportunities that could not be reasonably foreseen at the time of the preceding annual review and where time i~ of the essence.

571-24.19(71GA,ch33) Project signing. Uniform signing acknowledging grant assistance shall be posted by grant recipients on project sites. Signing will be considered as an eligible project expense and will be a prerequisite for final grant reimbursement.

571-24.20(71GA,ch33) Real property disposal. 24.20(1) Buildings and other structures. Income from the sale of any buildings or other

structures acquired with a grant from this program shall be credited to the project by which acquired. If the project is already closed out, payment shall be made to the department in the same ratio of the original grant to the total project cost.

24.20(2) Land acquired with grant assistance. Whenever it has been determined and agreed upon by the grant recipient and the department that land acquired with assistance from this program is no longer of value for the intended purpose, or the recipient has other good cause, the land, with the approval of the department, may be disposed of and the proceeds used to acquire an area of equal value or refund shall be made to the department of the proceeds in the same ratio as the ratio of the original grant to the total project cost.

24.20(3) Land developed with grant assistance. Whenever it has been determined and agreed upon by the grant recipient and the department that land developed with assistance from this program is no longer of value for the intended purpose, or the recipient has other good cause, the land, with the approval of the department, may be disposed of and the proceeds used to acquire and develop an area of equal value or the development grant shall be refunded to the department less depreciation based on an amortization period of twenty-five (25) years.

Ch 24, p.6 Natural Resource Commission[571] lAC 8/26/87

571-24.21(99E) Development of acquired lands. Grant recipients shall commence develop- ~ ment of lands acquired with assistance from this program within two years following acquisition.

These rules are intended to implement Iowa Code section 99E.31, subsection (3), paragraph "a."

[Filed 10/4/85, Notice 7/31185-published 10/23/85, effective 11/27/85] [Filed without Notice 12/12/86-published 12/Jl/86, effective 2/4/87] [Filed 2/6/87, Notice 12/17/86-published 2/25/87, effective 4/1/87]* [Filed 8/7/87, Notice 7 I 1/87 -published 8/26/87, effective 9/30/87]

•Effective date of amendments to cb 24 (ARC 7402, lAB 2/25/87) delayed seventy days by the administrative rules review committee at its 3/16/87 meeting. The seventy-day delay of effective date of these amendments with the exception of rule 24.8 was lifted by the administrative rules review committee at its 5/20/87 meeting.

lAC 8/26/87 Public Health[641] Corresponding Numbers, p.1

\wJ/ PUBLIC HEALTH DEPARTMENT[641] (Formerly agency number 470)

The following table reflects reorganization of the Health Department[470] renamed Public Health Department[641] by 1986 Iowa Acts, chapter 1245.

New Former Agency and Chapter Title Agency and

Chapter Chapter Number Number

641-Dept. of 470-Dept. of

~ Public Health Health

641-1 Communicable Disease Control 470-1 641-2 Ophthalmia Prophylactics 470-2 641-3 Blood Testing Laboratories 470-3 641-4 Birth Defects Institute 470-4 641-5 Maternal Deaths 470-5 641-6 Venereal Disease Prophylactics 470-6 641-7 Immunization of Persons Attending Elementary or 470-7

Secondary Schools or Licensed Child-Care Centers 641-8 Sexual Assault Examination and Reimbursement 470-8 641-9 Outpatient Diabetes Ed. Program 470-9 641-10 General Sanitation-Definitions 470-10

\._.,) 641-11 Reserved 470-11 641-12 Reserved 470-12 641-13 Milk and Milk Products 470-13 641-14 Reserved 470-14 641-15 Swimming Pools 470-15 641-16 Garbage and Refuse 470-16 641-17 Sanitation of Habitable Buildings 470-17 641-18 Tourist Camps, Trailer Camps, Cabin Camps, 470-18

Construction Camps and Similar Establishments and Areas

641-19 Mass Gatherings 470-19 641-20 to 24 Reserved 470-20 to 24

\...,/ 641-25 Plumbing Code 470-25 641-26 to 37 Reserved 470-26 to 37 641-38 Radiation Machines and Radioactive Materials - 470-38

General Provisions 641-39 Registration of Radiation Machine and Licensure of 470-39

Radioactive Material 641-40 Standards for Protection Against Radiation 470-40 641-41 Safety Requirments for Radiation Machines and 470-41

Radioactive Material 641-42 Operating Procedures and Standards for Use of 470-42

Radiation Emitting Equipment 641-43 to 50 Reserved 470-43 to 50 641-51 Hospitals (transfer later) 470-51

\.._,I 641-52 to 55 Reserved 470-52 to 55

Corresponding Numbers, p.2 Public Health[641] lAC 8/26/87

New Former ~ Agency and Chapter TiUe Agency and Chapter Chapter Number Number

641-Dept. of 470-Dept. of Public Health Health

Fining and Citations 470-56 Residential Care Facilities 470-57

Transferred Intermediate Care Facilites 470-58 to Skilled Nursing Facilities 470-59 Department Minimum Physical Standards for Residential Care 470-60 of Facilities \..,I Inspections Minimum Physical Standards for Intermediate Care 470-61 and Facilities and Skilled Nursing Facilities Appeals Reserved 470-62 [481] Residential Care Facilities for the Mentally Retarded 470-63

Intermediate Care Facilities for the Mentally Retarded 470-64 Deleted Licensing of Mobile Home Parks 470-71 641-72 Reserved 470-72 641-73 Special Supplemental Food Program for Women, Infants 470-73

and Children (WIC) 641-74 Family Planning Services 470-74 641-75 Statewide Indigent Obstetrical Care Program 470-75 641-76 Reserved 470-76 641-77 Local Boards of Health 470-77 641-78 District Health Departments 470-78 641-79 Public Health Nursing 470-79 641-80 Homemaker-Home Health Aide Services 470-80 641-81 General Rules For Migratory Labor Camps 470-81 641-82 to 85 Reserved 470-82 to 85 641-86 Places Where Dead Human Bodies Are Prepared for 470-86

Burial or Entombment 641-87 to 90 Reserved 470-87 to 90 641-91 Reserved for Governor's Alliance on Substance Abuse 470-91 641-92 to 94 Reserved 470-92 to 94 641-95 Certificate of Birth Registration Fee 470-95 641-96 Vital Records 470-96 641-97 Reserved 470-97 ~ 641-98 Local Registrars 470-98 641-99 Delayed Birth, Death and Marriage Registration 470-99 64-100 Establishment of New Certificates of Birth 470-100 641-101 Death Certification, Autopsy and Disinterment 470-101 641-102 Correction and Amendment of Vital Records 470-102 641-103 Confidentiality of Records 470-103 641-104 Copies of Vital Records 470-104 641-105 to 110 Reserved 470-105 to 110 641-111 Financial Assistance to End-Stage Renal Disease Patients 470-111 641-112 to 120 Reserved 470-112 to 120 641-121 Standard for Impact Resistance and Method of Testing 470-121 641-122 to 126 Reserved 470-122 to 126

~ 641-127 County Medical Examiners 470-127 641-128 Dogs for Scientific Research 470-128 641-129 to 131 Reserved 470-129 to 131

lAC 8/26/87 Public Health[641] Corresponding Numbers, p.3

\.._.) New Former Agency and Chapter Title Agency and

Chapter Chapter Number Number

641-Dept. of 470-Dept. of Public Health Health

641-132 Training and Certification of and Services Performed 470-132 by Advanced Emergency Medical Technicians and Paramedics

641-133 to 169 Reserved 470-133 to 169

~ 641-170 Description of Organization 470-170 641-171 Administrative Rules 470-171 641-172 Declaratory Rulings 470-172 641-173 Administrative Hearings 470-173 641-174 to 199 Reserved 470-174 to 199 641-200 Standards Committee Procedures-Changes in Standards 470-200

for the State Health Plan 641-201 Health Facilities Construction Review Program 470-201 641-202 Certificate of Need Program 470-202 641-203 Standards for Certificate of Need Review 470-203 641-204 Uniform Reporting Requirements 470-204 643 - Substance Abuse Commission

\,.,) 643 Chapters to be assigned when rules are transferred later 805-1 to 6 this year

645-Professional Licensure

645-1 to 19 Reserved 645-20 Barbers 470-152 645-21 Sanitary Conditions of Barbershops and Barber Schools 470-153 645-22 Barber Assistants 470-154 645-23 to 39 Reserved 645-40 Chiropractic 470-141 645-41 to 59 Reserved 645-60 Cosmetology 470-149 645-61 Sanitary Conditions for Beauty Salons and Schools of 470-150

\,.) Cosmetology 645-62 Cosmetology Continuing Education 470-151 645-63 to 79 Reserved 645-80 Dietetics 470-162 645-81 to 99 Reserved 645-100 Funeral Directors 470-146 645-101 Mortuary Science 470-147 645-102 to 119 Reserved 645-120 Hearing Aid Dealers 470-145 645-121 to 139 Reserved 645-140 Nursing Home Administrators Public Information 600-1 645-141 Licensure of Nursing Home Administrators 600-2

\.._I 645-142 Continuing Education 600-3 645-143 to 159 Reserved 645-160 Ophthalmic Dispensers 470-159

Corresponding Numbers, p.4 Public Health[641] lAC 8/26/87

New Agency and

Chapter Number

641-Dept. of Public Health

645-161 to 179 645-180

645-181 to 199 645-200 645-201

645-202 to 219 645-220 645-221 to 239 645-240 645-241 to 259 645-260 645-261 to 279 645-280 645-281 to 299 645-300 645-301

645-302 645-303 to 319

Chapter Title Former

Agency and Chapter Number

470-Dept. of Health

License Fees 470-160 Optometry Rules Governing Study Compliance for License 470-143

Renewal and Reinstatement and Disciplinary Procedures

Reserved Physical and Occupational Therapy 470-137 Physical and Occupational Therapy Continuing Education 470-138

and Disciplinary Procedures Reserved Podiatry 470-139 Reserved Psychology 470-140 Reserved Reserved for Respiratory Care Practitioners 470-110 Reserved Social Workers 470-161 Reserved Speech Pathology and Audiology 470-155 Speech Pathology and Audiology Continuing Education 470-156

and Disciplinary Procedures Speech Pathology and Audiology Aides 470-157 Reserved

650 - Dental Examiners Board

650 Chapters to be assigned when rules are transferred later 320-1 to 51 this year

653 - Medical Examiners Board

653 Chapters to be assigned when rules are transferred later 470-135 to 136 ~~ ~

655- Nursing Board

655-1 655-2 655-3

655-4 655-5 655-6

Administrative and Regulatory Authority 590-1 Nursing Education Programs 590-2 Licensure to Practice-Registered Nurse/Licensed Practical 590-3

Nurse Disciplinary Proceedings 590-4 Continuing Education 590-5 Nursing Practice For Registered Nurses/Licensed Practical 590-6

Nurses 655-7 Advanced Registered Nurse Practitioners 590-7

657 - Pharmacy Examiners Board

657 Chapters to be assigned when rules are transferred later 620-1 to 12 this year

lAC 8/26/87 Nursing Board[655] Analysis, p.1

NURSING BOARD[655] [Prior to 8/26/87, see Nursing, Board of (590), renamed Nursing Board(655)

under the "Umbrella'' of Public Health Department by 1986 Iowa Acts, ch 1245]

CHAPTER 1 ADMINISTRATIVE AND

REGULATORY AUTHORITY 1.1(17A,147,152) Definitions for purposes

of nursing board 1.2(17 A, 147, 152) Severability 1.3(17A,147,152) Description and organi

zation of the board

CHAPTER 2 NURSING EDUCATION PROGRAMS 2.1(152) Definitions 2.2(152) Approval of programs 2.3(152) Organization and administration

of the program 2.4(152) Resources of the controlling

institution 2.5(152) Curriculum 2.6(152) Faculty 2. 7(152) Program responsibilities 2.8(152) Clinical facilities 2.9(152) Reports to the board

CHAPTER3 LICENSURE TO PRACTICE

REGISTERED NURSE/ LICENSED PRACTICAL NURSE

3.1(17A,147,152,258A) Definitions 3.2(17A,147,152,258A) Mandatory

licensure 3 .3(17 A, 147, 152,258A) Qualifications

for licensure 3.4(17A,147,152,258A) Licensure by

examination 3.5(17A,147,152,258A) Licensure by

endorsement 3.6(17A,147,152,258A) License cycle 3. 7(17 A, 147, 152,258A) Verification

CHAPTER4 DISCIPLINARY PROCEEDINGS

4.1(17A,147,152,258A) Board authority 4.2(17A,147,152,258A) Complaints and

investigations 4.3(17A,147,152,258A) Board action 4.4(17A,147,152,258A) Procedures for a

\..._/ peer review committee

4.5(17A,147,152,258A) Notice of hearing

4.6(17 A, 147 ,152,258A)

4. 7(17A,147,152,258A) 4.8(17 A, 147, 152,258A) 4. 9(17 A, 147, 152,258A)

4.10(17A,147,152,258A)

4.11(17A,147,152,258A)

4.12(17A,147,152,258A)

4.13(17A,147,152,258A)

4.14(17 A,147,152,258A)

4.15(17 A, 147, 152,258A)

4.16(17 A, 147, 152,258A) 4.17(17A,147,152,258A)

4.18(17A,147,152,258A) 4.19(17 A,147,152,258A)

Answer to notice of hearing

Settlements Subpoena powers Refusal to obey

subpoena Pre hearing

conference Failure to appear

at the hearing Authority of the

presiding officer during the hearing

Hearing procedure

Panel of specialists

Contested case decisions

Sanctions Reasons for

sanction Endorsement Application for

reinstatement

CHAPTER 5 CONTINUING EDUCATION

5.1(152) Definitions 5 .2( 152) Continuing education-licensees 5.3(152) Continuing education-providers

Analysis, p.2 Nursing Board[655]

CHAPTER 6 NURSING PRACTICE FOR

REGISTERED NURSES/LICENSED PRACTICAL NURSES

6.1 (152) Definitions 6.2(152) Minimum standards of nursing

practice for registered nurses 6.3(152) Minimum standards of practice

for licensed practical nurses 6.4(152) Additional acts which may be

performed by registered nurses 6.5(152) Additional acts which may be

performed by licensed practical nurses

6.6(152) Specific nursing practice for licensed practical nurses

6.7(152) Specific nursing practice for registered nurses

CHAPTER 7 ADVANCED REGISTERED NURSE PRACTITIONERS

7.1 ( 152) Definitions 7.2(152) General requirements for the

advanced registered nurse practitioner

lAC 8/26/87

lAC 8/26/87 Nursing Board[655]

CHAPTER 1 ADMINISTRATIVE AND REGULATORY

AUTHORITY [Prior to 8/26/87, Nursing Board(S90), Ch I)

65S-1.1(17A,147,152) Definitions for purposes of nursing board. uBoardu means the Iowa board of nursing.

Ch 1, p.1

uBoard office, means the office of the Iowa Board of Nursing, State Capitol Complex, Des Moines, Iowa 50319.

uDepartment, means the department of public health. uLicense, means a certificate issued to a person to practice as a registered nurse, licensed

practical nurse, or advanced registered nurse practitioner under the laws of this state. uLicensee, means a person who has been issued a certificate to practice as a registered nurse,

licensed practical nurse, or advanced registered nurse practitioner under the laws of this state. uother states, mean any of the United States, District of Columbia, or territories that have

jurisdiction over the practice of nursing within their boundaries.

655-1.2(17A,147,152) Severability. Should any rule, paragraph, phrase, sentence, or clause of any chapter of the rules of the board of nursing be declared invalid or unconstitutional for any reason, the remainder of the rules shall not be affected thereby.

655-1.3(17A,147,152) Description and organization of the board. 1.3(1) Description of the board. The board derives its legal authority for regulating and

enforcing regulations for nursing education, nursing practice, and continuing education for nurses under the provisions of Iowa Code chapters 147, 147A, 152 and 258A.

1.3(2) Organization of the board and meetings. The composition of the board is defined in Iowa Code sections 147.14 and 147.19. The board shall:

a. At the last regularly scheduled meeting prior to May 1: (1) Elect a chairperson and secretary from its membership to begin serving as officers on

May 1. (2) Establish standing committees and elect a chairperson for each committee. (3) Schedule regular meeting dates through the summer of the following year. (4) Hold regularly scheduled meetings in Des Moines, Iowa. b. Hold special meetings called by the chairperson or upon request of four members of the

board to the chairperson or executive director. Special meetings may be held by electronic means in accordance with Iowa Code section 21.8.

c. Make available to the public, the date, time, and location of board meetings. d. Make available to the public, the date on which board materials are due in the board

office for the agenda of regularly scheduled meetings. Materials received three weeks prior to a scheduled board meeting shall be placed on the agenda. Materials from emergency or unusual circumstances may be added to the agenda with the chairperson's approval.

e. Allow members of the public to be present during board meetings unless the board votes to hold a closed session.

(1) Anyone who has submitted materials for the agenda or whose presence has been requested by the board will be given the opportunity to address the board.

(2) At every regularly scheduled board meeting, time will be designated for "Public Comment." During the time on the agenda labeled "Public Comment," anyone may speak for up to two minutes per person. Requests to speak at a later time for two minutes per person when a particular topic comes before the board should be made at the time of "Public Comment" and will be granted at the discretion of the chairperson. No more than ten minutes will be allotted to public comment at any one time unless the chairperson indicates otherwise.

(3) One who has not asked to address the board during "Public Comment" may be recognized by the chairperson if one raises a hand. Acknowledgment and an opportunity to speak will be at the discretion of the chairperson.

f. Hold a closed session if the board voted to do so in a public vote with an affirmative vote of at least two-thirds if the total board is present or a unanimous vote if less are present.

Ch 1, p.2 Nursing Board[655] lAC 8/26/87

The board will recognize the appropriate statute allowing for a closed session when voting to go into closed session. Minutes of all discussion, persons present, and action occurring at a closed session will be recorded along with a tape recording of the proceedings. The records shall be stored securely in the board office and shall not be made available for public inspection.

g. Govern its meetings in accordance with Iowa Code chapter 21 and its proceedings by "Robert's Rules of Order, Revised."

h. Appoint a full-time executive director who, under the direction of the board, is responsible for the administration of policies and programs of the board and for the operation of the board office. Appointment or termination of appointment of the executive director shall require a majority vote of the entire board.

i. Act on a petition for adoption of rules. Any person may request the promulgation, amendment, or repeal of a rule in accordance with Iowa Code section 17A.7.

(1) The petition shall be submitted in writing to the board office and shall include: The name and address of the petitioner. A statement that gives relevant background information, and rationale that support the

request. The specific rule or change requested. The signature of the petitioner or a duly authorized officer of the petitioner if it is a

corporation or other legal entity. (2) The executive director shall acknowledge receipt of a petition or return a petition not in

substantial conformity with this subrule with an explanation of why it does not conform. (3) The board may decline to initiate rule-making proceedings for any of the following

reasons: Lack of jurisdiction. Lack of clarity of the issue presented. Lack of merit. (4) The board may initiate rule-making proceedings. j. Adopt, amend, or repeal rules in accordance with Iowa Code sections 17 A.J, 17 A.4,

17A.S, 17A.6, and 17A.7. 1.3(3) Information. Members of the public may obtain information or submit requests

to the board office that relate to regulating and enforcing regulations on nursing education, nursing practice, and continuing education for nurses. Requests for information resulting in legally binding answers require a petition for rule making or a petition for declaratory ruling.

1.3(4) Petition for declaratory rulings. Any person may petition the board for a declaratory ruling as to the applicability of statute, rule, policy statement, decision or order which is under the board's jurisdiction.

a. The petition shall be sumitted in writing to the board office and shall include: (1) The name and address of the petitioner. (2) A statement that gives relevant background information and facts that support the request. (3) A statement that explains the need for a declaratory ruling which may include the statute,

rule, policy statement, decision or order in question. (4) The specific questions presented for declaratory ruling. (5) The signature of the petitioner or a duly authorized officer of the petitioner if it is a

corporation or other legal entity. b. The executive director shall acknowledge receipt of a petition or return a petition not

in substantial conformity with this subrule with an explanation of why it does not conform. c. The board may decline to issue a declaratory rtlling for any of the following reasons: (1) Lack of jurisdiction. (2) Lack of clarity of the issue presented. (3) Lack of merit. (4) The issue(s) presented is pending resolution by a court or the attorney general. d. The written response to the petition by the board either in the form of a declaratory

ruling or a denial shall be signed by the executive director and sent to the petitioner by certified mail within a reasonable period of time.

lAC 8/26/87 Nursing Board[6SS] ChI, p.3

e. Declaratory rulings shall be indexed and available for public inspection. 1.3(5) Public hearings. Public hearings shall be held in accordance with Iowa Code sec

tion 17A.4, subsection 1, paragraphs "a" and "b" with respect to rule making. a. A hearing shall be conducted by a presiding officer who shall be a board member or a

person designated by the board. b. The date, time, and location of a public hearing shall be set by the board or presiding

officer. Interested persons who have requested a public hearing shall be notified of its date, time, and location.

c. Any person(s) may present written or oral comments pertinent to the administrative rule(s) for which a public hearing has been scheduled.

(1) A person who desires to submit written comments during a public hearing shall submit these comments to the executive director or authorized designee prior to or during a public hearing. Written comments shall be postmarked no later than the date of hearing.

(2) A person who desires to make an oral presentation during a public hearing may submit a request to the board office in advance or at the public hearing. A person who has made a request in advance will be given priority in the sequence of those who make oral presentations. A person who makes an oral presentation may submit a written transcript of the presentation.

d. The authority of the board or presiding officer during the public hearing includes: (1) Setting a time limit on oral presentations if necessary. (2) Excluding any person(s) who may be disruptive or obstructive to the public hearing. (3) Ruling that the oral presentation, written comments or discussion is not pertinent to the

public hearing. (4) Allowing comments from other members of the public. e. The presiding officer shall: (I) Open the public hearing. (2) Appoint the recording secretary. (3) Appoint a board or staff member to record the hearing by electronic means if desired by

the board. (4) Enter the notice of hearing into the official public record. (5) Review the administrative rule(s) under adoption, amendment or r~peal and provide

rationale for the proposed action by the board. (6) Receive oral presentations. (7) Receive written comments as a part of the record. (8) Adjourn the public hearing. 1.3(6) Public records and rosters. Records and rosters shall be available to the public in

accordance with Iowa Code chapter 68A and sections 147.8 and 147.43. a. A request for a roster of licensees shall be submitted in writing to the board office. Upon

receipt of a written request, the rules of the board that govern the purchase of the roster shall be sent. The rules shall be accompanied by a form to be signed by the purchaser which denotes that materials or publications shall not be published in any manner which could be construed by the public to mean that the board or any of its employees supports, endorses, approves, etc. the materials or publications to be disseminated.

(I) A fee shall be assessed the person requesting a roster based on the rate of charge set by the data processing division, office of state comptroller, state of Iowa.

(2) The fee assessed shall be paid directly to the board. (3) The roster shall not be released until payment has been received. h. The records of the board shall be available for public inspection or duplication in

accordance with the following: (1) Inspection of public records shall be in the board office, under the supervision of the

executive director or authorized designee, and during regular board office hours. (2) Duplication of public records shall be arranged under the supervision of the executive

director or authorized designee either by written request or personal appearance in the board office. Duplication shall be done in a timely manner. A fee shall be assessed based on the

ChI, p.4 Nursing Board[655] lAC 8/26/87

hourly wage of the staff member (computed on tenths of an hour) who duplicates the public records and on the exact cost of duplication within the board office. Payment is required prior to the release of the duplicated records.

c. The executive director may authorize the release of a roster of Iowa licensees without cost in the case of any emergency whereby the interest of the public warrants immediate access to health care personnel.

d. State agencies that request a roster of Iowa licensees will be billed directly from the data processing division, office of state comptroller, state of Iowa for this service.

These rules are intended to implement Iowa Code chapters 17A, 147 and 152. [Filed 5/12/70]

[Filed 5/3/76, Notice 1/12/76, 3/22/76-published 5/17/76, effective 6/21/76] [Filed 5/24/76, Notice 4/29/76-published 6/14/76, effective 7/19/76

(1.1(5) delayed 70 days)] [Filed 7/21/76, Notice 6/14/76-published 8/9/76, effective 9/13/76]

[Filed 8/30/76, Notice 7 /26/76-published 9/22/76, effective 10/27 /76] [Filed emergency 9/17 /76-published 10/6/76, effective 9/22/76]

(Filed 10/3177, Notice 7 /13/77-published 10/19/77, effective 11/23/77] [Filed 7/31/78, Notice 4/19/78--published 8/23/78, effective 9/27/78] [Filed 2/3/84, Notice 11/9/83-published 2/29/84, effective 4/4/84]

[Filed 4/30/87, Notice 2/25/87-published 5/20/87, effective 6/24/87] [Filed emergency 6/17/87 -published 7 I 1187, effective 6/17 /87] [Filed emergency 7/29/87-published 8/26/87, effective 7/29/87]

lAC 8/26/87 Nursing Board[655] Ch 2, p.l

CHAPTER 2* NURSING EDUCATION PROGRAMS

(Prior to 8/26/87, Nursing Board(S90)-Ch 2)

655-2.1(152) Definitions. Approval. Recognition status given nursing education programs based on their compliance

with the criteria specified in this chapter. Clinical facilities. Those resources that provide experiences with or related to patients/ clients

for application and reinforcement of didactic content. Controlling institution. The institution which has authority and administrative accountability

for the program(s). Head of the program. The dean, chairperson, director, or coordinator of the nursing edu

cation program(s). Program. Course of study which leads to a nursing diploma, degree, or certificate. Multi

ple site programs offered by one controlling agency shall be considered as one program if the philosophy and curriculum are the same. Programs may include the following:

1. Practical nursing education. A vocational course of study which leads to a diploma in practical nursing and eligibility for the practical nurse examination, as described in chapter 3.

2. Basic nursing education. A course of study which leads to initial eligibility for the registered nurse licensing examination as described in chapter 3. These include:

Associate degree. Diploma. Baccalaureate degree. 3. Advanced formal education. Baccalaureate for registered nurses. A course of study designed for registered nurses which

leads to a baccalaureate degree with a major in nursing. Postbasic. A course of study in nursing which provides advanced knowledge and experiences

which facilitate development of competencies in a specialized clinical area. This leads to eligibility for certification in the specialty and licensure as an advanced registered nurse practitioner.

Master,s degree. A postbaccalaureate course of study which offers postgraduate study in nursing.

Doctorate degree. A postmaster's course of study which offers postgraduate study in nursing.

655-2.2(152) Approval of programs. 2.2(1) Approval status for each program shall be determined by the board. The board

shall review all programs within a controlling institution at the same time, when feasible. A report shall be sent to the head(s) of the program(s) and controlling institution.

2.2(2) Interim approval shall be granted to a newly established program which meets the requirements of the board as specified in this subrule.

a. A controlling institution which proposes to establish or reopen a program shall: (1) Submit a written statement of intent to the board at least nine months prior to expected

opening date. (2) Utilize an advisory committee composed of representatives from the community and

nursing. Minutes of meetings shall be on file. (3) Submit the following information to the board at least six months prior to expected open-

ing date: Program philosophy, objectives, and purpose which reflect the level of education to be taught. Organizational chart. A budget which demonstrates financial resources adequate for the planning, implementa

tion, and continuation of the program. Curriculum plan which establishes plan for compliance with rule 2.4(152). Availability of academic facilities adequate to meet program needs and learning needs of

the student. See rule 2.4(152). Availability of clinical facilities adequate to meet curriculum objectives. Availability of qualified faculty as defined in this subrule. Tentative time schedule for planning and initiation of the program.

•Effective date (4/15/87) of chapter 2 delayed seventy days by the administrative rules review committee at its 4/14/87 meeting. Effective date delayed until the adjournment of the 1988 Session of the General Assembly pursuant to Iowa Code section 17 A.8(9) by the administrative rules review committee at its May 20, 1987, meeting.


b. The board may conduct a site visit to the controlling institution prior to acting upon "--J interim approval. The submitted information will be discussed and the program's resources and clinical facilities visited.

c. The board shall review the statement of intent, submitted information, and written report of the site visit, if done, and take action. The board may seek further information, deny or grant interim approval to the program.

d. Faculty requirements. (1) The faculty shall meet the qualifications outlined in subrule 2.6(2). (2) The head of the program shall be employed for six months prior to the expected open

ing date. {3) The other faculty of the program shall be employed prior to the beginning of teaching

assignments. Sufficient time shall be allowed for orientation and preparation for teaching assignments. V

e. Progress reports. The head of the program shall submit eight copies of the progress report three weeks prior to each regularly scheduled board meeting until full approval is granted by the board as defined in subrule 2.2(3).

f. Publicity. Publicity shall accurately reflect the approval status of the new program. g. Interim approval shall continue until the board reviews the program following the gradu

ation of the first class. Practical nursing or basic nursing programs shall be reviewed after the scores from the licensure examination of the first graduating class are available.

2.2(3) Approval procedure. a. Site visits of the program. A representative of the board shall make a site visit to a pro

gram prior to the expiration of the approval status or if there is evidence that the program is no longer able to meet the criteria for approval.

(1) The purpose of the site visit is to examine educational objectives, review courses, pro-grams, administrative practices, services, and facilities; and to determine if the program con- "-"' tinues to meet the criteria for approval.

(2) A written report of the site visit shall be submitted to the head of the program who shall be provided an opportunity to respond.

(3) The report shall be submitted to the board for review and action. b. Site visit of clinical facilities. A representative of the board may visit any clinical facility

used by nursing students. (1) The purpose of the visit is to ascertain appropriateness for student learning. Adminis

trative practices, client care program, census, personnel, and physical facilities may be reviewed. (2) A written report shall be submitted to the board for review and action. (3) The written report of board action shall be sent to the chief administrative officer of

the clinical facility, director of nursing service, and the head of the educational program. c. Action of the board regarding approval status. (1) Full approval may be granted for up to six years. \-I (2) Provisional approval is granted to a program that has had interim or full approval and

is found not to meet the criteria for approval. The board shall: 1. Meet with representatives from the program prior to placement on provisional approval. 2. Determine the length of provisional approval, indicate areas of improvement and specify

time limits for improvements. The board may request progress reports and a site visit. 3. Meet with representatives from the program to review materials and activities requested.

This shall be done prior to expiration of provisional approval. 4. Deny or withdraw approval if it is determined that a program failed to meet the stipula

tions of provisional approval. 2.2(4) Closing of an approved program. The controlling institution must submit a writ

ten plan to be approved by the board prior to closing. The plan shall include reasons for closure; date of closure, which is the date when the last student graduates; and provisions for gradua- V tion of enrolled students, retention of adequate numbers of qualified faculty, retention of approved curricular plan, maintenance of educational resources, students services, and provi-sion for student and graduate transcripts. When a program plans to close prior to the gradua-

lAC 8/26/87 Nursing Board[655] Ch 2, p.3

tion of enrolled students, i.e., those actively taking nursing courses, the plan must be submitted to the board at least one year prior to closure. A waiver of the time period may be granted by the board based on adequate provisions for enrolled students. Closing procedures are as follows:

a. Voluntary closing. (l) The program shall continue until the last class enrolled is graduated. The program shall

continue to meet the standards for approval until all of the enrolled students have graduated. (2) Any changes or alternate plans to the above procedure shall be submitted to the board

for review or approval. b. Closing as a result of denial or withdrawal of approval. When the board denies or with

draws approval of a program, the controlling institution shall comply with the following procedures:

(1) Closure shall take place after the transfer of students to approved programs within a time frame established by the board.

(2) Names of transferred students and the dates on which they were transferred shall be submitted to the board by the controlling institution.

(3) The closing date of the program shall be the date on which the last student was transferred. c. Record storage. The board shall be informed about the location and maintenance of

the student and graduate records.

655-2.3(152) Organization and administration of the program. 2.3(1) The program shall meet the following criteria: a. Authorization. Authorization for conducting a program is granted: (1) By the charter or articles of incorporation of the controlling institution, or by resolu

tion of its board of control, or (2) By the program's own charter or articles of incorporation. b. Administrative responsibility. The authority and administrative responsibility of the pro

gram are vested in the head of the program who is responsible to the controlling institution. c. Organizational chart. This chart shall clearly indicate lines of authority and communi

cation within the program with the central administration and other units within the controlling institution, cooperating agencies and advisory committees.

d. Finances. (1) The controlling institution shall allocate adequate funds to carry out the purposes of the

program. (2) The head of the program with the assistance of the faculty will prepare the budget. e. Ethical practice. Ethical practices and standards including recruitment and advertising

shall be established by each program and made available to students and prospective students. f. Contractual agreements. Written contractual agreements shall exist between the program

and the clinical facilities if clinical facilities are located outside the framework of the controlling institution. The agreement shall include:

(1) Identification of responsibilities of both parties related to patient or client services. (2) Faculty control, selection, and guidance of student learning experiences. (3) Provision for termination of the agreement. (4) Provision for annual review. g. Accrediting agencies of controlling institutions. Accreditation by one or more of the

following is required: (1) Practical nursing programs: Iowa Department of Public Health, Department of Edu

cation, Joint Commission on Accreditation of Hospitals, American Osteopathic Association, or North Central Association of Colleges and Secondary Schools.

(2) Associate degree programs: Department of Education or North Central Association of Colleges and Secondary Schools.

(3) Diploma programs: Iowa Department of Public Health, Joint Commission on Accreditation of Hospitals, or American Osteopathic Association.

(4) Baccalaureate programs: North Central Association of Colleges and Secondary Schools.


(5) Postbasic programs: Iowa Department of Public Health, Joint Commission on Accreditation of Hospitals, American Osteopathic Association, or North Central Association of Colleges and Secondary Schools.

(6) Graduate programs: North Central Association of Colleges and Secondary Schools. h. Philosophy and objectives. The faculty shall develop and implement a philosophy and

objectives which shall be: (1) Consistent with the philosophy of the controlling institution. (2) Reflective of faculty beliefs about nursing, education, and societal standards. (3) A guide in the development, implementation, and evaluation of the program. (4) Available to students and prospective students. i. Program evaluation. A written plan including methodology, tools, and time frame out

lining the evaluation process for all aspects of the program. There shall be evidence of implementation.

2.3(2) Requirements of the heads of the programs: a. Current licensure as a registered nurse in Iowa. b. Two years of experience in clinical nursing. c. Two years of experience in nursing education. d. The applicable academic qualifications: (1) All heads of programs appointed after September 1, 1993, shall have a master's or doc

toral degree with a nursing major at the baccalaureate, master's, or doctoral level. The date of appointment is the first day employed with compensation as head of the program.

(2) A person who is the head of a program on September 1, 1987, and who has a master's or doctoral degree but does not have a nursing major at the baccalaureate, master's, or doctoral level has no further academic requirements.

(3) A person who is the head of a program on September 1, 1987, and who does not have a master's or doctoral degree shall obtain at least a master's degree in an applicable field by September 1, 1995.

(4) A person who is appointed as head of a program after September 1, 1987, and before September 1, 1993, shall have at least a baccalaureate degree when appointed. This person shall obtain at least a master's degree with a nursing major at the baccalaureate, master's, or doctoral level by September 1, 1995. The date of appointment is the first day with compensation as head of the program.

e. Preparation in education or administration. f. In addition to the above: (1) Programs offering the baccalaureate and higher degrees in nursing. 1. A doctoral degree with a nursing major at the baccalaureate, master's, or doctoral level. 2. Two years of experience in nursing education at the baccalaureate level or higher. (2) Postbasic program. 1. Education equal to this program offering. 2. Two years of clinical experience in the specialty area. g. Submission of a detailed description of qualifications to the board office. (1) The person considered the program head on September 1, 1987, shall submit a detailed

description of qualifications by which the individual's compliance with this subrule can be determined. This information shall be submitted within one month of notification by the board of this requirement.

(2) A program head appointed after September 1, 1987, shall submit a detailed description of qualifications by which the individual's compliance with this subrule can be determined. This information shall be submitted within one month of appointment.

h. The nursing education programs in the community colleges shall have one designated head of the program per community college district.

i. The head of a program shall be responsible for the administration of the program.

lAC 8/26/87 Nursing Board[655] Ch 2, p.S

655-2.4(152) Resources of the controlling institution. 2.4(1) The controlling institution is responsible for provision of resources adequate to meet

program needs. a. Human resources. (I) Head of program. (2) Faculty. (3) Secretarial and other support and staff services to ensure appropriate use of faculty time

and expertise. b. Physical resources. (1) Classrooms, conference rooms, laboratories, offices, and equipment. (2) Student facilities. c. Library resources. Adequate and accessible holdings and space. 2.4(2) The agencies and services utilized for learning experiences are adequate in number

and kind to meet program objectives.

655-2.5(152) Cuniculum. 2.5(1) The curriculum, a program of study developed by the faculty, shall: a. Reflect the philosophy, organizing framework, purpose, and objectives of the program. b. Identify the terminal behavioral outcomes. c. Be in accordance with current educational, societal, and nursing standards. d. Be consistent with the laws governing the practice of nursing. e. Ensure sufficient preparation for the safe and effective practice of nursing. f. Include teaching/learning experiences and learning strategies selected to meet curricu

lum objectives. g. When offered within a college or university: (1) Be comparable to the quality and requirements of other degree programs within that

institution. (2) Be planned within the college calendar. (3) Assign credit hours for lecture and clinical or laboratory experience comparable with

the college pattern. 2.5(2) Curricula for practical nursing programs shall include didactic content and practice

in nursing with a focus on supportive and restorative health care for individuals through the life span.

a. Didactic content shall include life sciences, behavioral sciences, legal and ethical aspects as related to the role of the practical nurse, medical nursing, surgical nursing, maternity nursing, nursing of children, and gerontological nursing.

b. Learning experiences shall include care during acute, episodic, and chronic illnesses; observation; communication; technical skills; equipment use; and problem solving.

2.5(3) Curricula for basic nursing education programs shall include didactic content and practice in nursing which focuses on attaining, maintaining, and regaining health for individuals and groups throughout the life span.

a. Didactic content shall include content in nursing of clients with medical-surgical therapies, nursing of childbearing and childrearing families, mental health nursing, and nursing through the aging process. Baccalaureate programs shall include nursing research and nursing in the community.

b. Learning experiences shall include care during acute, episodic, and chronic illnesses with emphasis given to health promotion, illness prevention, and rehabilitative intervention.

c. Content in history and trends as related to nursing and professional, legal, and ethical aspects of nursing.

d. Content in the principles of leadership, management, and patient education. e. Supporting content from the biological-physical, behavioral/social sciences. 2.5(4) Curricula for programs granting a baccalaureate degree to registered nurses shall

include didactic content and practice in nursing which will enable the student to achieve competencies comparable to outcomes of baccalaureate education.


2.5(5) Curricula of postbasic programs shall: a. Provide advanced didactic content and practice in a specialty area of nursing. b. Address the role of advanced registered nurse practitioners. 2.5(6) Curricula of master,s and doctoral nursing degree programs shall: a. Provide for the in-depth study of nursing science including theory, clinical, and research

components. b. Provide for the study in role areas such as nursing education, administration, or clinical

practice.

655-2.6(152) Faculty. 2.6(1) Faculty requirements for programs are as follows: a. There shall be a sufficient number of qualified faculty to meet program objectives. b. Written personnel policies and position descriptions shall be provided. c. A faculty development program shall be designed to further the competence of individu

al faculty members and the faculty as a whole. d. There shall be a written teaching load policy. e. There shall be a nursing faculty organization which shall operate according to written

bylaws and meet on a regular basis. Minutes shall be recorded and available for reference. f. In practical and basic nursing programs a ratio of one faculty to a maximum of ten stu-

dents shall be required in those practice situations involving direct patient care. 2.6(2) Requirements of faculty members who teach nursing are as follows: a. Current licensure as a registered nurse in Iowa. b. Two year~ of experience in clinical nursing. c. The applicable academic qualifications: ( 1) All faculty hired after September 1 , 1997, shall have a master's or doctoral degree with

a nursing major at the baccalaureate, master,s, or doctoral level. The date of hire is the first day employed with compensation.

(2) A person who is a faculty member on September 1, 1987, and who holds a baccalaureate degree shall obtain at least a master's degree in an applicable field by September 1, 1998.

(3) A person who is a faculty member on September 1, 1987, and who does not hold a baccalaureate degree shall obtain a baccalaureate degree in an applicable field by September I , 1995, and a master's degree in an applicable field by September 1, 1998.

(4) A faculty member who is hired after September 1, 1987, and before September 1, 1997, shall hold a baccalaureate degree with a nursing major by September 1, 1993, and a master's degree in an applicable field by September 1, 1998. The date of hire is the first day employed with compensation.

(5) A doctoral degree shall be required for faculty of master's and doctoral programs by September 1, 1993.

d. Submission of a detailed description of qualifications to the board office. ( 1) Each program head shall submit a list of all faculty teaching on September 1 , 1987, along

with a detailed description of qualifications by which each faculty member's compliance with this subrule can be determined. The list shall be submitted within one month of notification by the board of this requirement. The detailed description of each faculty member's qualifications shall be submitted within another month.

(2) The board shall monitor each program,s progress in meeting this subrule at least annually in the annual reports.

2.6(3) Functions of faculty. a. Develop, implement, and evaluate the purpose, philosophy, and objectives of the program. b. Design, implement, evaluate, and revise the curriculum. c. Provide students with the written policies as specified in subrule 2. 7(1). d. Participate in academic advising and guidance of students. e. Provide for admission, promotion, and graduation of students. f. Provide for student, self, and peer evaluation of teaching effectiveness. g. Participate in activities to improve competency in area of responsibility.

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lAC 8/26/87 Nursing Board[655) Ch 2, p.7

655-2. 7(152) Program responsibilities. 2. 7(1) Policies affecting students. Programs shall include provisions for the development,

implementation, and communication of the following student policies: a. Admission/enrollment. Licensure if applicable according to subrule 3.2(1). b. Transfer or readmission. c. Withdrawal. d. Progression. e. Grading system. f. Suspension or dismissal. g. Graduation. h. Holiday and leave of absence. i. Health. j. Counseling. k. Grievance procedure. 2. 7(2) School information. Information about the program and the controlling institu-

tion shall be published at least every two years and shall include: a. Philosophy and objectives of the program. b. A general description of the program. c. Curriculum plan. d. Course descriptions. e. Resources. f. Faculty. g. Tuition, fees, and refund policies. h. Ethical practices, including recruitment and advertising. i. Official dates. 2. 7(3) Program records. a. Records shall be dated and include: (1) Course outlines. (2) Minutes. (3) Faculty personnel records. (4) Correspondence. (5) Reports. (6) Catalogs and program bulletins. b. If a program closes the board shall be informed about the location and maintenance of

these records. 2.7(4) Students records. a. Policies for records shall specify method for permanent protection and maintenance of

individual records against loss, destruction, and unauthorized use. b. The final record shall include the transcript and a summative performance statement. (1) The final transcript includes: 1. Legal name of student. 2. Dates of admission, completion of the program, and graduation. 3. Courses which were accepted for transfer. 4. Signature of the proper program official. 5. Seal of the program or controlling institution or notarized signature of proper program

official. (2) The summative performance statement is a profile of the student at the time of graduation. c. If a program closes, the board shall be informed about the location and maintenance

of the student and graduate records.

655-2.8(152) Clinical facilities. 2.8(1) The clinical facilities shall provide adequate learning experiences to meet curricu

lum objectives.


2.8(2) The program shall inform the board of clinical facilities used for learning experiences. a. The clinical facilities shall be accredited/approved by the appropriate agencies. b. The board may conduct a site visit of the clinical facilities. c. There shall be joint planning when more than one program uses the same facility for

student experiences.

655-2.9(152) Reports to the board. 2.9(1) Annual reports. The head of the nursing program shall submit an annual report

to the board on forms provided and shall include: a. Progress toward achievement of stated program goals of the past academic year. b. Qualifications and major responsibilities of the head of the program and each faculty

member. c. Policies for admission, progression, and graduation of students. d. Policies for student health and welfare. e. Current enrollment by class. f. Number of admissions and graduations per year for past five years. g. Class mean scores on licensure examinations for past five years. h. Curriculum plan. i. Descriptions of resources, clinical facilities, and contractual arrangements. j. Copy of audited fiscal reports, including a statement of income and expenditures. k. Goals for present academic year. I. Program catalog. 2.9(2) Special reports. The program shall notify the board of the following: a. Change of controlling institution. Information shall include official names of the pro

grams and controlling institution, organizational chart of the controlling institution, and names of administrative officials.

b. Changes in administrative personnel in the program or the controlling institution. c. Opening of a new site or campus. 2.9(3) Changes requiring board approval. a. These changes require the submission of eight copies of the proposed change at least three

weeks prior to the next regularly scheduled board meeting and include but need not be limited to the following:

(1) Changes in the curriculum which lengthen or shorten the program. (2) Addition or deletion of clinical or didactic credit hours in a course. (3) Changes in course requirements for graduation. b. Changes requiring the submission of one copy of the proposed change. A board represen

tative shall review the proposed change for approval. If the change is not approved, seven additional copies shall be requested and the matter shall be submitted for board approval. These changes include but need not be limited to the following:

(1) Changes in the philosophy, objectives, or organizing framework used to define the curriculum.

(2) Change in the predominant method of instruction (e.g., where a course taught by faculty is shifted to computer, programmed self-study, or correspondence).

(3) Rearrangement of the sequence of required courses. These rules are intended to implement Iowa Code section 152.5.

[Filed 5/12/70, amended 8/11/70] [Filed 5/3/76, Notice 1112/76, 3/22/76-published 5/17/76, effective 6/21/76]


[Filed without Notice 7/19/85-published 8/14/85, effective 9/18/85] [Filed 2/17/87, Notice 8/13/86-published 3/11187, effective 4/15/87*]

[Filed emergency 4/15/87-published 5/6/87, effective 4/15/87] [Filed emergency 7 /29/87-published 8/26/87, effective 7 /29/87]

•Effective date of ch 2 delayed seventy days by the administrative rules review committee at its 4/14/87 meeting. Effective date delayed until tbe adjournment of the 1988 Session of the General Assembly pursuant to Iowa Code section 17A.8(9) by the administrative rules review committee at its S/20/87 meeting.


CHAPTER 3 LICENSURE TO PRACTICE

REGISTERED NURSE/LICENSED PRACTICAL NURSE (Prior to S/23184, lAC, appeared as separate chapters 3 and 4)

(Prior to 8/26/87, Nursing Board(S90)-Ch 3)

655-3.1(17 A,147 ,152,258A) Definitions.

Ch 3, p.1

Accredited nursing program. Accredited nursing program means one approved by the board or by a similar board in another state that prepares individuals for registered nurse/licensed practical nurse licensure.

Applicant. Applicant means a person who is qualified to take the examination or apply for licensure.

Delinquent licensee. Delinquent licensee means a registered nurse/licensed practical nurse who has failed to renew the license or place it on inactive status as provided by subrule 3.6(5) by the fifteenth day of the month following the expiration date.

Endorsement. Endorsement means the process by which a registered nurse/licensed practical nurse licensed in another state becomes licensed in Iowa.

Examination. Examination means any of the tests used to determine minimum competency prior to the issuance of a registered nurse/licensed practical nurse license.

Fees. Fees means those fees collected which are based upon the cost of sustaining the board. The nonrefundable fees set by the board are as follows:

1. For the original license based on the registered nurse examination, $40. 2. For the original license based on the practical nurse examination, $30. 3. For a registered nurse/licensed practical nurse license by endorsement, $56. 4. For a certified statement that a registered nurse/licensed practical nurse is licensed in

this state, $12. This fee shall be paid by certified check or money order; if paid in person in the board office, the fee may be paid in cash. No personal checks shall be accepted as payment.

5. For reactivation of a license to practice as a registered nurse/licensed practical nurse, based on $12 per year, or any portion thereof, totals $36 for a license lasting more than 24 months up to 36 months.

6. For the renewal of a license to practice as a registered nurse/licensed practical nurse, $36 for a three-year period.

7. For a duplicate or reissued license/original certificate to practice as a registered nurse/licensed practical nurse, $15.

8. For a registered nurse/licensed practical nurse late renewal, $10, plus the renewal fee as specified in paragraph 6 of this subrule.

9. For a registered nurse/licensed practical nurse delinquent license fee, $50, plus all renewal fees to date due.

10. For a check returned for any reason, $10. If licensure had been issued by the board office 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 or money order. If the fees are not paid within two weeks of notification by certified mail of the returned check, the license is no longer in effect. The licensee's status returns to what it would have been had this license not been issued.

11. For a copy of the Law of Iowa as it Pertains to the Practice of Nursing, $2. 12. For a copy of the Iowa Administrative Code, Nursing Board[655], $2. 13. For a certified copy of an original document, $15. 14. For processing of the NCLEX application by the board office after the NCLEX dead

line, $10. Inactive /icencee. Inactive licensee means a registered nurse/licensed practical nurse who

has requested to be placed on inactive status. Lapsed license. A lapsed license means an expired license which is either late or delinquent. Late licensee. Late licensee means a registered nurse/licensed practical nurse who has failed

to renew the license or place it on inactive status as provided by subrule 3.6(5) by the expira-


tion date on the license. The time between the expiration date and the fifteenth day of the month following the expiration date is considered a grace period or late period.

NCLEX. NCLEX means National Council Licensure Examination, the currently used examination. ·

Reactivation. Reactivation means that process whereby an inactive licensee obtains a current license.

Reinstatement. Reinstatement means that process by which a delinquent licensee obtains a current license.

Temporary license. Temporary license means a license issued on a short term basis for a specified time pursuant to subrule 3.4(7) or 3.5(3).

Verification. Verification means that process whereby the board will provide a certified statement that a registered nurse/licensed practical nurse is licensed, inactive, or lapsed in this state.


655-3.2(17A,147,152,258A) Mandatory licensure. 3.2(1) A person who practices nursing in the state of Iowa as defined in Iowa Code section

152.1, outside of one's family, shall have a current Iowa license, whether or not the employer is in Iowa and whether or not the person receives compensation. The license shall be available for public inspection.

a. A person denied licensure or not having a current active Iowa license because of disciplinary action by the board may not take a nursing course with a clinical component.

b. A person enrolled in any nursing course with a clinical component shall have a current Iowa license if the person has previously completed a nursing education program in the United States or its territories which are members of the National Council of State Boards of Nursing, Inc.

(1) An exception is made if the clinical component is not within Iowa. (2) An exception is made for the person taking a basic nursing education course as a remedial

or refresher course in preparation for the licensure examination. The faculty/student ratio in such a class shall be no less than one faculty to ten students.

c. A person enrolled in any nursing course with a clinical component is not required to have a current Iowa license if the individual completed a nursing education program in another country, never has held a license in the United States, and meets one of the following conditions:

(1) The person is enrolled in a nursing course with a clinical component where it is a basic nursing education course. The faculty/student ratio in such a class shall be no less than one faculty to ten students.

(2) The person is enrolled in a BSN completion program if the nursing education program has record of the following:

1. Evidence of completion of a basic nursing education program in another country. 2. A score of at least 500 on the Test of English as a Foreign Language (TOEFL). 3. Completion of all of the program's entry requirements for students entering at this level

except Iowa licensure. This shall include successful completion of all challenge examinations. (3) The person is enrolled in a nursing course with a clinical component where the clinical

component is not within Iowa. 3.2(2) Current Iowa licensure is mandatory except when: a. A nurse who resides out of state, holds an active out-of-state license, and provides only

intermittent consultation which shall not include patient care. b. A nurse who holds an active license in another state provides services to patients in Iowa

only during interstate transit. This rule is intended to implement Iowa Code section 147 .2.

lAC 8/26/87 Nursing Board[655l Ch 3, p.3

655-3.3(17A,147,152,258A) Qualifications for licensure. 3.3(1) Applicants shall meet the requirements as set forth in Iowa Code sections 147.3 and

152.7. a. Graduation from an accredited high school or its equivalent prior to the examination.

High school equivalency shall be in conformity with the requirements of the Department of Education, State of Iowa.

b. Graduation from an approved nursing program or its equivalent as defined in Iowa Code section 152.5(1), prior to the examination. Theory and clinical experience shall be completed before the examination and shall include medical nursing, surgical nursing, obstetric nursing, and nursing of children. In addition, registered nurse applicants shall have had theory and clinical experience in psychiatric nursing prior to the examination.

c. Passing the examination by the standards determined by the board. d. Approval by the board of those with a past felony record. The board determines the eligi

bility for licensure of a felony applicant on the felony's relationship to nursing. 3.3(2) Exceptions to the qualifications for licensure. Applicants for licensure in Iowa must

meet the qualifications in effect in Iowa at the time of their graduation from their nursing school. The relevant requirements listed in subrule 3.3(1) are subject to the following exceptions:

a. Graduation from high school or its equivalent was not required of registered nurse applicants until 1930 or of licensed practical nurse applicants until 1963.

b. If graduation from a nursing program was prior to 1952, a license will be granted accord-ing to board approved guidelines. ·

c. Registered nurse graduates prior to 1951 are not required to have psychiatric nursing or be tested in psychiatric nursing.

d. A person licensed as a registered nurse in another state by waiver shall be accepted for Iowa licensure only if the waiver period corresponds to that in Iowa.

e. Exceptions related to examinations: (1) Before 1946, the registered nurse applicant shall have passed a written test prepared by a

licensing board of another state. . (2) A practical nurse applicant must have written the same examination as that administered

in Iowa and achieved a score established as passing for that test by the board unless· the applicant was graduated and licensed prior to July 1951.

(3) After June 1976, an applicant who took the State Board Test Pool Examination (SBTPE) shall have passed that examination within four writings in order to be eligible for an Iowa license. Prior to that date, there was no limit on the number of writings. An applicant who failed the SBTPE but wrote it less than four times is eligible to take the NCLEX an unlimited number of times.

(4) An applicant whose national examination scores do not meet the Iowa requirements in effect at the time of the examination and who wishes to become licensed in Iowa shall appeal to the board. The board may require the applicant to produce evidence of working experience or successful completion of a refresher course. The board may require the applicant to rewrite the current examination.

This rule is intended to implement Iowa Code section 147 .2.

655-3.4(17A,147,152,258A) Licensure by examination. 3.4(1) Qualifications for licensure by examination. Applicants shall meet qualifications for

licensure as set forth in subrule 3.3(1). 3.4(2) Examination. The board contracts with the National Council of State Boards of

Nursing, Inc. to utilize the examination. a. The passing score for the examination is determined by the board. {1) The passing score for NCLEX-PN is 350. (2) The passing score for NCLEX-RN is 1600.


b. The examination shall be administered in Iowa. I.._,) c. The examination shall be administered in accordance with the manual prepared by the

National Council of State Boards of Nursing, Inc. for the administration of the NCLEX. d. Licensure examination statistics are available to the public. 3.4(3) Application-Iowa graduates. Application for licensure by examination to practice

as a registered nurse/licensed practical nurse in Iowa shall be made according to the following process:

a. The board is responsible for the following: (1) Three months prior to each scheduled examination, the board office shall request the

head of each nursing program in Iowa to submit information about the students who are anticipated to complete the program.

(2) Upon return of the information about the students who are anticipated to complete the program, application forms and instructions for filing shall be sent to the head of the nursing program for each student. ~

(3) An admission card and instructions shall be sent to each applicant approximately two weeks prior to the examination upon receipt of the following materials:

Completed application form (submitted by the school). Original license fee (submitted by the school). Notification of completion of the NCLEX application process (submitted by NCLEX). b. The head of the nursing program is responsible for the following: (1) Submission to the board of information about the students who are anticipated to

complete the program at least two months prior to the scheduled examination. (2) Submission to the board of a list of persons who have failed to complete the program. (3) Assistance to the applicant in completing the board application form and the NCLEX

application form correctly. (4) Verification of examination eligibility for each applicant by signing each application. V (5) Collection of the original license fee as outlined in rule 3.1(17A,l47,152,258A) from

each appliqmt. The total fees collected shall be submitted in one instrument made payable to the Iowa Board of Nursing.

(6) Submission of official nursing transcript which denotes date of entry and date of graduation for each applicant. A transcript is not required prior to the examination but shall be submitted prior to the issuance of a license.

c. The applicant is responsible for the following: (1) Submission of a completed board application to the nursing program. (2) Submission of the original license fee to the nursing program. The fee as outlined in

rule 3.1(17A,l47,152,258A) is not refundable. (3) Submission to NCLEX of a completed NCLEX application with an application fee eight

weeks prior to the examination. An applicant who does not meet the NCLEX deadline may meet the board deadline pursuant to Iowa Code section 147.29. A processing fee as outlined \...,/ in rule 3.1(17A,147,152,258A) will be charged for all NCLEX applications processed by the board. An applicant should contact the board office to obtain instructions for late registration.

(4) Informing the board of the applicant's current mailing address. 3.4(4) Application-out-of-state graduates. Application for the examination to practice as

a registered nurse/licensed practical nurse in Iowa shall be made according to the following process:

a. The board is responsible for the following: (1) Upon receipt of a written request, application forms and instructions for filing shall be

sent to the out-of-state applicant. (2) An admission card and instructions shall be sent to each applicant approximately two

weeks prior to the examination upon receipt of the following materials: Completed application form (submitted by the applicant). '--" Original license fee (submitted by the applicant). Notification of completion of the NCLEX application process (submitted by NCLEX).

lAC 8/26/87 Nursing Board[655] Ch 3, p.S

b. The out-of-state applicant is responsible for the following: (1) Submission of a complet.ed board application form. The out-of-state applicant is respon

sible for obtaining the signature of the head of the nursing program from which the applicant graduated for verification of license examination eligibility.

(2) Submission of the original license fee, made payable to the Iowa Board of Nursing. The fee, as outlined in rule 3.1(17A,l47,152,258A) is not refundable.

(3) Submission to NCLEX of a completed NCLEX application with an application fee eight weeks prior to the examination. An applicant who does not meet the NCLEX deadline may meet the board deadline pursuant to Iowa Code section 147.29. A processing fee as outlined in rule 3.1(17A,147,152,258A) will be charged for all NCLEX applications processed by the board. An applicant should contact the board office to obtain instructions for late registration.

(4) Having the nursing program forward an official nursing transcript denoting the date of entry and date of graduation.

(5) Informing the board of the applicant's current mailing address. 3.4(5) Application-individuals currently or previously enrolled in a nursing program

which prepares registered nurses. Individuals who are eligible for the practical nurse examination in Iowa under the provisions of Iowa Code section 152.7 may write the examination one time only. Application for the examination to practice as a licensed practical nurse in Iowa shall be made according to the following process:

a. The board is responsible for the following: (1) Upon receipt of a written request, instructions for filing shall be sent to the applicant. (2) Determination of the eligibility of the applicant by evaluation of the nursing transcript.

The applicant is or has enrolled in a registered nurse program(s) for at least one year and has received a minimum grade of "C" in theory and clinical training in each of the following: Medical nursing, surgical nursing, obstetric nursing, and nursing of children. ·

(3) Sending an application to the applicant if the above requirements have been met. If the application revealed grounds for which a license may be refused as set forth in Iowa Code section 147.4, the application shall be reviewed in closed session, and a decision in regard to the application shall be made. Issuance of the board's decision to the applicant shall be by certified mail.

(4) Notification of the applicant that other states may not grant licensure by endorsement to persons who have obtained licensure under this subrule.

(5) An admission card and instructions shall be sent to each applicant approximately two weeks prior to the examination after determination of eligibility and upon receipt of the following materials:

Completed application form (submitted by the applicant). Original license fee (submitted by the applicant). Notification of completion of the NCLEX application process (submitted by NCLEX). b. The applicant is responsible for the following: (1) Submission of a completed board application form. (2) Submission of the original license fee, made payable to the Iowa Board of Nursing, as

outlined in rule 3.1(17A,l47,152,258A), which is not refundable. (3) Submission to NCLEX of a completed NCLEX application with an application fee eight

weeks prior to the examination. An applicant who does not meet the NCLEX deadline may meet the board deadline pursuant to Iowa Code section 147.29. A processing fee as outlined in rule 3.1(17A,l47,152,258A) will be charged for all NCLEX applications processed by the board. An applicant should contact the board office to obtain instructions for late registration.

(4) Having the nursing program forward an official nursing transcript which denotes the date of entry and length of enrollment.

(5) Informing the board of the applicant's current mailing address. 3.4(6) Application-individuals educated in another country. ApplicatiOJ! for the

examination to practice as a registered nurse/licensed practical nurse in Iowa shall be made according to the following process:


a. The board is responsible for the following: \...,) (1) Upon receipt of a written request, the instructions entitled "Licensure of Foreign Nurse

Graduates in Iowa" shall be sent to the applicant. (2) Evaluation of the ability of the applicant to read, write, speak, and understand the

English language. Foreign nurse graduates native to countries where English is not an official language shall pass the Michigan Test of English Language Proficiency or the Test of English as a Foreign Language.

Administration of the Michigan Test of English Language Proficiency, per request of a foreign nurse graduate.

Assistance to the applicant in making arrangements for the Test of English as a Foreign Language (TOEFL) if requested by the applicant.

(3) Evaluation of the nursing transcript to determine that an applicant has completed theory and clinical experience as defined in sub rule 3.3(1), paragraph "b" or subrule 3.3(2), para-graph "c. " 1.....1

(4) Submission of high school or secondary school transcript of the applicant to the Depart-ment of Public Instruction, State of Iowa, to determine equivalency to a high school education received in the United States.

(5) Notification of the applicant of any deficiency(ies) in theoretical or clinical experience. The applicant shall make up that deficiency(ies) by enrolling in a course(s) designated for this purpose as approved by the board.

(6) Acceptance of the certificate by the Commission on Graduates of Foreign Nursing Schools (CGFNS) in lieu of items outlined in subparagraphs (2) to (5). After July 1, 1985, a CGFNS certificate shall be mandatory.

(7) An admission card and instructions shall be sent to the applicant approximately two weeks prior to the examination upon receipt of the following materials:

Completed application form (submitted by the applicant). ~ 1

Original license fee (submitted by the applicant). ._..-Notification of completion of the NCLEX application process (submitted by NCLEX). b. The applicant educated in another country is responsible for the following: (1) Submission of a completed board application form. (2) Submission of the original license fee, made payable to the Iowa Board of Nursing. The

fee, as outlined in rule 3.1 (17 A, 147,1 52,258A) is not refundable. (3) Submission to NCLEX of a completed NCLEX application with an application fee eight

weeks prior to the examination. An applicant who does not meet the NCLEX deadline may meet the board deadline pursuant to Iowa Code section 147.29. A processing fee as outlined in rule 3.1(17A,147,152,258A) will be charged for all NCLEX applications processed by the board. An applicant should contact the board office to obtain instructions for late registration.

(4) Submission of a certificate issued by CGFNS. The requirement specified in subrule 3.4(6), paragraph "a," subparagraph (6), shall go into effect beginning July 1, 1985. \.,.,'

(5) Submission of the following credentials if applying prior to July 1, 1985: High school or secondary school transcript. Nursing transcript. Certificate of registration/licensure in native country. Midwifery certificate, if applicable. A passport. Verification of the ability to read, write, speak and understand the English language as deter

mined by the results of either the Test of English as a Foreign Language or the Michigan Test of English Language Proficiency.

Provision of translations of credentials if written in a language other than English. Translations shall be made by a translation bureau, consul of the country from which the applicant comes, or an expert in the language who is not personally concerned with the applicant.

(6) Informing the board of the applicant's current mailing address. ~


3.4(7) Temporary license. A temporary license shall be issued if the applicant meets the qualifications for licensure defined in subrule 3.3(1). The temporary license shall be issued with an expiration date 60 days after the date of examination.

a. A temporary licensee shall use the appropriate title of graduate nurse or graduate practical nurse and the appropriate abbreviation of G.N. or G.P.N.

b. A temporary licensee shall not use the title registered nurse or licensed practical nurse or use the abbreviation R.N. or L.P.N. until a certificate and current license is issued. The temporary licensee may be employed in nursing under the supervision of a registered nurse while the temporary license is valid. Under the supervision of a registered nurse means that a registered nurse is on the premises of the employing institution and is specifically assigned the responsibility of supervising and overseeing the performance of the graduate nurse or graduate practical nurse.

c. The temporary license must be signed by the licensee to be valid. d. Applicants shall write the first examination for which they have been scheduled unless a

written, valid excuse is submitted to the board. A valid excuse means having an incapacitating illness or injury, serious illness or death in the immediate family, or unforeseen emergency conditions over which the individual has no control. If the applicant does not have a valid excuse, the temporary license shall be withdrawn immediately and will not be reissued.

e. If the applicant fails the examination the temporary license shall be withdrawn immediately and the applicant shall not be eligible for another temporary license.

3.4(8) Reexamination. An applicant who fails the examination is eligible for reexamination as follows:

a. An applicant who has graduated from a practical nurse program and has failed NCLEXPN is eligible to take the NCLEX-PN an indefinite number of times. · b. An applicant who has graduated from a registered nurse program and has failed NCLEXRN is eligible to take the NCLEX-RN an indefinite number of times.

c. An applicant who has graduated from a practical nurse program and has failed the State Board Test Pool Examination less than four times is eligible to take the NCLEX-PN an indefinite number of times.

d. An applicant who has graduated from a registered nurse program and has failed the State Board Test Pool Examination less than four times is eligible to take the NCLEX-RN an indefinite number of times.

e. An applicant who fails the registered nurse examination and who has previously failed the licensed practical nurse examination shall not be permitted to repeat the licensed practical nurse examination. An applicant who fails the registered nurse examination shall be permitted to write the practical nurse examination one time if the applicant has not already done so.

d. An applicant who fails the examination shall be required to refile the following before tak-ing another examination:

(1) The board application form. (2) The original license fee. (3) The NCLEX application. (4) The NCLEX application fee. 3.4(9) Certificate of licensure by examination. Upon completion of the relevant qualifica

tions for licensure by examination defined in these rules, the board shall issue a certificate of licensure by examination and a current license to practice as a registered nurse/licensed practical nurse.

a. A licensee shall use the relevant title registered nurse/licensed practical nurse and relevant initials R.N./L.P.N.

b. A licensee is required to hold a certificate and license. If a certificate or license is stolen or lost, the licensee shall apply for a duplicate as specified in subrule 3.6(7).

This rule is intended to implement Iowa Code sections 147.36, 147.80, and 152.9.


655-3.5(17A,147,152,258A) Licensure by endorsement. 3.5(1) Qualifications/or licensure by endorsement. The endorsee must meet qualifications

for licensure as in subrule 3.3(1) and 3.4(8). 3.5(2) Applicants currently licensed in another state. Application for licensure to practice

as a registered nurse or licensed practical nurse by endorsement shall be made according to the following process:

a. The board is responsible for the following: (1) Upon receipt of a written request, application forms and instructions shall be sent to the

applicant. (2) Evaluation of credentials to determine that the applicant has met all qualifications for

licensure. (3) Issuance of an original certificate and current license to practice following determination

of eligibility and upon receipt of the following materials: Completed application form (submitted by the applicant). Endorsement fee (submitted by the applicant). Official nursing transcript (submitted by the nursing school). Verification of licensure form (submitted by state of original licensure). b. The applicant is responsible for the following: (1) Submission of a completed board application form. (2) Submission of the endorsement fee, made payable to the Iowa Board of Nursing. The

fee, as outlined in rule 3.1(17A,147,152,258A) is not refundable. (3) Having the nursing program forward an official nursing transcript which denotes the date

of entry and date of graduation. ( 4) Submission of the verification of licensure form from the original state of licensure. (5) Submission of the above documents within twelve months from the date of receipt of the

written request. The board reserves the right to destroy the documents after twelve months. c. A temporary license shall be issued until the applicant meets the qualifications of licen

sure defined in subrules 3.3(1) and 3.4(8). The board application form and endorsement fee as outlined in rule 3.1 (17 A, 147, 152,258A) and verification of licensure form or legible copy of current license shall be on file in the office of the board prior to the issuance of the temporary license.

(I) A temporary licensee may use the appropriate title of registered nurse or licensed practical nurse and the appropriate abbreviation R.N. or L.P.N.

(2) The temporary license must be signed by the licensee to be valid. The temporary license shall be issued for a period of 90 days. A second temporary license may be issued for a period not to exceed 30 days or at the discretion of the executive director.

(3) A license or temporary license shall not be issued to an applicant whose license is under sanction by another state without approval of the board.

d. A license or temporary license shall not be issued to an applicant who fails to complete the application process within the allotted time. A license shall be issued when the application process is complete.

3.5(3) Applicants who are not currently licensed in another state. Those who will take or have taken the examination in another state and are awaiting examination results are eligible to begin the process of licensure by endorsement.

a. The board shall issue a temporary license to practice as a graduate nurse or graduate practical nurse upon submission of the following:

Completed application form for a temporary license to practice as a graduate nurse or graduate practical nurse.

Endorsement fee as outlined in rule 3.1(17A,147,152,258A) which is not refundable. Verification by another state that the applicant will take or has taken the examination in

that state and the results are not yet known. (1) A temporary licensee shall use the appropriate title of graduate nurse or graduate prac

tical nurse and the appropriate abbreviation G.N. or G.P.N. A temporary licensee shall not


use the title registered nurse or licensed practical nurse or use the abbreviation R.N. or L.P.N. until a license allowing such is issued. The graduate nurse or graduate practical nurse who holds a temporary license may be employed in nursing under the supervision of a registered nurse while the temporary license is valid. Under the supervision of a registered nurse means that a registered nurse is on the premises of the employing institution and is specifically assigned the responsibility of supervising and overseeing the performance of the graduate nurse or graduate practical nurse.

(2) A temporary license must be signed by the licensee to be valid. (3) Applicants shall write the first examination for which they have been scheduled unless

a written valid excuse is submitted to the board. A valid excuse means having an incapacitating illness or injury, serious illness or death in the immediate family or unforeseen emergency conditions over which the individual has no control. If the applicant does not have a valid excuse the temporary license shall be withdrawn immediately and will not be reissued.

(4) A temporary license for the graduate nurse or graduate practical nurse shall be issued with an expiration date 90 days after the date of the examination or at the discretion of the executive director. If the applicant fails the examination, the temporary license shall be withdrawn immediately and the applicant shall not be eligible for another temporary license.

b. The board shall issue a temporary license to practice as a registered nurse or a licensed practical nurse upon submission of the following:

A completed endorsement application form. An official nursing transcript which denotes the date of entry and date of graduation. A legible copy of the applicant's copy of examination scores or a legible copy of an active

license in another state. (1) A temporary licensee may use the appropriate title of registered nurse or licensed practi

cal nurse and the appropriate abbreviation R.N. or L.P.N. (2) The temporary license must be signed by the licensee to be valid. (3) A license or temporary license shall not be issued to an applicant whose license is under

sanction by another state without approval of the board. (4) A temporary license shall be issued for a period not to exceed 90 days or at the discre

tion of the executive director. c. Upon completion of the endorsement procedures defined in these rules the board shall

issue a certificate of licensure by endorsement and a current license to practice as a registered nurse or licensed practical nurse.

3.5{4) Certificate of licensure by endorsement. Upon completion of the endorsement procedures defined in these rules, the board shall issue a certificate of licensure by endorsement and a current license to practice as a registered nurse/licensed practical nurse. If a certificate or license is stolen or lost, the licensee shall apply for a duplicate as specified in subrule 3.6(7).

This rule is intended to implement Iowa Code sections 147.2 and 152.9.

655-3.6(17A,147,152,258A) License cycle. 3.6(1) Name and address changes. Written notification to the board office of name or

address changes is mandatory as defined in Iowa Code section 147.9. All board correspondence is mailed to the licensee at the last know address on file with the board office. There is no charge for a change of name or address in board records. Reissuance of a license is optional as outlined in subrule 3.6(8).

3.6(2) New licenses. Licenses issued for endorsement and new graduates shall be issued for more than 24 months up to 36 months until the licensee can be placed in the three-year renewal cycle based on birth month. Expiration shall be on the fifteenth day of the birth month.

3.6(3) Renewal. At least 60 days prior to the expiration of the license, the board office shall mail a renewal application and continuing education report form to the licensee.

a. The licensee shall submit to the board office, thirty days before licensure expiration, the application and continuing education report form with the renewal fee as specified in rule 3.1(17A,147 ,152,258A).

b. When the licensee has satisfactorily completed the requirements for renewal 30 days in

Ch 3, p.lO Nursing Board[655] lAC 8/26/87

advance of the expiration of the previous license, a renewal license shall be issued and mailed to the licensee before expiration of the previous license.

c. A license to practice as a registered nurse/licensed practical nurse based on renewal shall expire every three years on the fifteenth day of the birth month.

3.6(4) Late renewal. When the licensee has not satisfactorily completed the requirements for renewal before the previous license expired and prior to its becoming delinquent, the licensee shall be assessed a late fee, as specified in rule 3.1(17A,l47,152,258A).

a. A late licensee who wishes to reinstate to a current license shall complete the renewal requirements and submit the late fee prior to the fifteenth day of the month following the expiration date of the license.

b. A late licensee who wishes to reinstate to an inactive status shall make the request in writing to the board office and submit the late fee. No continuing education shall be required.

c. A late license is considered lapsed until it is reinstated. 3.6(5) Delinquent status. When the licensee has not satisfactorily completed the require

ments for late renewal within the grace period after expiration of the license, the licensee shall be considered a delinquent licensee.

a. A license is considered lapsed until reinstated. Immediately upon reaching a delinquent status, the delinquent licensee shall not practice nursing in Iowa until the license is reinstated to current status.

b. If no action is taken by the delinquent licensee to reinstate, the license shall remain delinquent and fees shall accrue annually.

c. If a delinquent licensee is found to be working without a current license, disciplinary proceedings may be started.

d. A delinquent licensee who wishes to reinstate to a current license shall make the request in writing to the board office.

(1) Upon receipt of the written request, the board office shall send an application, continuing education report form, and statement of fees to the delinquent licensee.

(2) A delinquent licensee shall have completed 15 contact hours of continuing education . as specified in chapter 5. The continuing education shall have been earned within the 12 months

prior to reinstatement. (3) Fees shall include all renewal fees to date due and a delinquent fee, as specified in rule

3.1(17A,l47 ,152,258A). (4) Upon receipt of the completed application, required continuing education materials, and

appropriate fees, the board shall issue a current license to practice in Iowa. The license shall be issued for more than 24 months up to 36 months until the license can be placed in the threeyear renewal cycle based on birth month. Expiration shall be on the fifteenth day of the birth month.

e. A delinquent licensee who wishes to reinstate to an inactive status shall make the request in writing to the board office.

(1) Upon receipt of the written request, the board office shall send an application and statement of fees to the delinquent licensee.

(2) No continuing education shall be required. (3) Fees shall include all renewal fees to date due and a delinquent fee, as specified in sub

rule 3.1(17A,147,152,258A). No current renewal fees shall be charged because a current license shall not be issued.

(4) Upon receipt of the completed application and appropriate fees, the board shall place the license on inactive status.

3.6(6) Inactive status. Inactive status is a status where the licensee remains inactive indefinitely and is not required to obtain continuing education or pay fees. An inactive licensee shall not practice nursing in Iowa.

a. A licensee may request inactive status by one of the following methods: (1) The current license may be returned to the board office prior to the expiration of the

lAC 8/26/87 Nursing Board[655] Ch 3, p.ll

license with a written request for inactive status. Inactive status becomes effective immediately upon the board's receipt of the license.

(2) Prior to the expiration of the current license, the licensee may submit the renewal form marked "requesting inactive status." Inactive status becomes effective when the current license expires.

(3) If the license is late, the license may be placed on inactive as described in subrule 3.6(4), paragraph "b. "

(4) If the license is delinquent, the license may be placed on inactive as described in subrule 3.6(5), paragraph "e. "

b. An inactive licensee who wishes to reactivate to a current license shall make the request in writing to the board office.

(1) Upon receipt of the written request, the board office shall send an application and continuing education report form.

(2) An inactive licensee shall have completed 15 contact hours of continuing education as specified in chapter 5. The continuing education shall have been earned within the 12 months prior to reactivation.

(3) The reactivation fee is specified in rule 3.1(17A,147,152,258A). (4) Upon receipt of the completed application, required continuing education materials, and

fee, the board shall issue a current license to practice in Iowa. The license shall be issued for more than 24 months up to 36 months until the license can be placed in the three-year renewal cycle based on birth month. Expiration shall be on the fifteenth day of the birth month.

3.6(7) Duplicate license or certificate. The board shall issue a duplicate of a current license or original certificate per written request of the licensee and payment of the fee specified in subrule 3.1(17A,147,152,258A). If the current license is destroyed, lost, or stolen, a duplicate license is required as replacement.

3.6(8) Reissue of a license. If there is an error on the license or certificate made by the board office, no fee shall be charged for a reissued corrected license or certificate. A license may be reissued if a licensee desires to have a current name or address printed on the current license prior to renewal. Reissuance is optional; however, written notification to the board office of name or address change is mandatory as outlined in subrule 3.6(1). The board shall reissue a license per written request of the licensee and payment of the fee as specified in rule 3.1(17A,147,152,258A).

655-3.7(17A,147,152,258A) Verification. Upon written request from the licensee or other state and payment of the verification fee as specified in rule 3.1(17A,147,152,258A), the board shall provide a certified statement to another state that a registered nurse/licensed practical nurse is licensed, inactive, or lapsed in Iowa.

These rules are intended to implement Iowa Code chapters 17A, 152, and 258A and Iowa Code sections 147.2, 147.76, 147.80, 152.5, and 152.9.

[Filed 5/12/70] [Filed 5/12/70; amended 8/11170] Q

[Filed 2/20/76, Notice 12/29/75-published 3/8/76, effective 4/12176]Q [Filed 5/3/76, Notice 1112/76, 3/22/76-published 5/17/76, effective 6/21176]Q

[Filed 5/24/76, Notice 4/19/76-published 6/14/76, effective 7/19176]Q [Filed 12/3/76, Notice 8/9176-published 12/29/76, effective 2/2177] Q [Filed 3/9/77, Notice 12/29/76-published 4/6/77, effective 5/11177] Q

[Filed 3/18/77, Notice 8/9/76-published 4/6/77, effective 5/11177] [Filed 6/24/77, Notices 12/ I 5/76, 4/20/77 -published 7 I 13/77, effective 8/17 /77] Q

[Filed 10/3/77, Notice 8/24/77 -published I 0/19/77, effective II /23/77] [Filed Emergency 1123178-published 2/8/78, effective 1123/78]

[Filed 4/21178, Notice 2/22/78-published 5/17/78, effective 6/21/78] [Filed 4/21178, Notice 3/8178-published 5/1178, effective 6/21178] Q

Q History relating also to "Licensure to Practice-Licensed Practical Nurse," ch 4 prior to lAC S/23/84.

Note: History for Ch 3 continued on next page.


[Filed 7/17/80, Notice 5/14/80-published 8/6/80, effective 9/10/80]~ \..,) [Filed emergency after Notice 6/21182, Notice 5/12/82-published 7/7/82, effective 6/21182] [Filed emergency after Notice 2/10/83, Notice 1/5/83-published 3/2/83, effective 2/10/83] Q

[Filed 5/2/84, Notice 2/29/84-published 5/23/84, effective 6/27 /84] [Filed 10/17/84, Notice 8/29/84-published 1117/84, effective 12/12/84]

[Filed without Notice 7/19/85-published 8114/85, effective 9/18/85] [Filed 7/19/85, Notice 5/22/85-published 8/14/85, effective 9/18/85]

[Filed 9/20/85, Notice 8/14/85-published 10/9/85, effective 11/13/85] [Filed emergency after Notice 4/15/86, Notice 2/26/86-published 5/7/86, effective 4/18/86]

[Filed 9/22/86, Notice 8/ 13/86-published 10/8/86, effective 11 I 12/86] [Filed 4/30/87, Notice 2/25/87-published 5/20/87, effective 6/24/87]

[Filed emergency 7/29/87-published 8/26/87, effective 7/29/87]

Q History relating also to "Licensure to Practice-Licensed Practical Nurse:• ch 4 prior to lAC S/23184.

\....~

\..I

1...,.1

v

lAC 8/26/87 Nursing Board[6551

CHAPTER 4 DISCIPLINARY PROCEEDINGS

[Prior to S/23/84, lAC, "Disciplinary Proceedings" appeared as Ch 8) [Prior to S/23184, "Licensure to Practic:c-Lic:ensed Practical Nurse" appeared as Ch 4. Sec Ch 3.]

(Prior to 8/26/87, Nursing Board(S90), Ch 4]

Ch 4, p.l

655-4.1(17A,147,152,258A) Board authority. The Iowa Board of Nursing may restrict, suspend or revoke a license to practice as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner in the state of Iowa or place a licensee on probation for any grounds stated in Iowa Code chapters 147, I 52, and 258A or the rules promulgated thereunder. Disciplinary proceedings are conducted in accordance with Iowa Code chapters 17A and 258A.

655-4.2(17 A,147 ,152,258A) Complaints and investigations. A complaint is an allegation of acts or omissions related to nursing practice or continuing education in nursing. A complaint may include knowledge of a judgment or settlement against a licensee. Complaints shall be filed with the board.

4.2(1) In accordance with Iowa Code section 258A.3(l)"c," the board shall review or investigate, upon written compaint or upon its own motion pursuant to other information received by the board, alleged acts or omissions which the board reasonably believes constitutes cause for licensee discipline.

4.2(2) A written complaint shall include the following facts: a. The full name, address, and telephone number (if available) of the complainant. b. The full name, address, telephone number (if available), and license number of the licensee

(if available). c. A statement of the facts concerning the alleged acts or omissions. 4.2(3) A complaint or information received by the board that does not include the facts

in subrule 4.2(2) shall require a motion of the board for investigation. 4.2(4) The executive director or authorized designee shall investigate complaints in order

to determine whether probable cause exists that a violation of applicable law or rule has occurred. The investigation shall result in one of the following:

a. Presentation of a statement of charges to the board and recommenda:tion that a hearing be held because probable cause exists.

b. Presentation of the complaint to the board and recommendation for dismissal because no probable cause exists.

c. Requesting the board to appoint a peer view committee.

655-4.3(17A,147,152,258A) Board action. The board shall review a recommendation pursuant to subrule 4.2(4) and shall do one of the following:

I. Dismiss the complaint because no probable cause exists. 2. Request further investigation. 3. Appoint a peer review committee to assist in the investigative process. 4. Determine existence of probable cause and order a hearing. The hearing shall be a con

tested case as defined by Iowa Code section I7 A.2(2). The hearing shall be held by a hearing panel as defined in Iowa Code section 258A.6(1). The hearing shall be held during the next regularly scheduled board meeting unless specified

otherwise at the time the hearing is ordered. The chairperson of the board shall designate the presiding officer.

655-4.4(17A,147,152,258A) Procedures for a peer review committee. The following are the procedures for the peer review committee:

I. The committee shall review or investigate the case and prepare a report of its findings. 2. The committee shall report to the board any basis for licensee discipline. 3. The board shall review the committee's findings and shall do one of the following: Dismiss the complaint because no probable cause exists. Request further investigation prior to a determination by the board.


Determine existence of probable cause and order a hearing. The hearing shall be a con- ~ tested case as defined by Iowa Code section 17A.2(2).

655-4.5(17A,147,152,258A) Notice of bearing. The board shall issue a notice of hearing following its determination of probable cause against a licensee.

4.5(1) The date, time, and location of the hearing shall be set by the chairperson or the executive director. The licensee shall be notified at least 30 days prior to the scheduled hearing.

4.5(2) Notification shall be by personal service as in civil actions or by certified mail with return receipt requested. When the licensee cannot be located by either method:

a. An affidavit becomes a part of the file when a notice by personal service or certified mail return receipt requested cannot be had.

b. Notice of hearing shall be published each week for three consecutive weeks in a newspaper of general circulation, published in or circulated in the county of last known residence of the \._) licensee; such newspaper to be selected by the board or executive director.

4.5(3) A notice of hearing shall include elements of Iowa Code section 17 A.12(2).

655-4.6(17A,147,152,258A) Answer to notice of bearing. A licensee who has been served with a notice of hearing may file an answer which may include the following:

I. The full name, address, and license number of the licensee. 2. A statement as to whether the licensee will be present at the hearing. 3. A request for an adjustment of the date and time of the hearing. 4. A list of witnesses, if any, to be called by the licensee. 5. A statement regarding the allegations in the statement of charges.

655-4.7(17A,147,152,258A) Settlements. The licensee may request to explore a settlement at any time prior to the hearing. Exploration of a settlement shall be with the executive direc- V tor or authorized designee and the legal counsel of the board. If the above persons agree to negotiate a settlement, a proposed stipulation, settlement, and order shall be written and presented to the board for final approval. This exploration of a proposed settlement does not divest the board of final approval, amendment, or rejection. If a settlement is not reached, a hearing shall be held.

655-4.8(17A,147,152,258A) Subpoena powers. The hearing panel shall have subpoena powers as proivded in Iowa Code section 258A.6. The chairperson or presiding officer of the hearing panel shall issue subpoenas for the hearing panel or in the licensee's behalf upon request of the licensee. Request for a subpoena shall be made to the board office.

655-4.9(17A,147,152,258A) Refusal to obey subpoena. In the event of a refusal to obey a subpoena, the board may petition the district court for its enforcement as provided in Iowa \.-I Code section 258A.6.

655-4.10(17A,147 ,152,258A) Preheating conference. A prehearing conference may be held prior to the commencement of a hearing. It may be held upon the request of the hearing panel or a motion of its counsel or a request of the licensee.

4.10(1) The executive director shall set the date, time, and location of the preheating conference and shall notify the licensee.

4.10(2) The following matters, where applicable, may be considered in a prehearing conference:

a. Possibility of a settlement. b. The factual and legal issues to be heard. c. Stipulations of fact and agreement to submit documents or records not controverted. V d. Expert witnesses and whether the number shall be limited.


e. Proposed exhibits. f. Any other matter which may aid, expedite, or simplify the hearing or determination of

any issue.

655-4.11(17A,147,152,258A) Failure to appear at the hearing. If the licensee is unable, unwilling, or waives the right to appear personally or by legal counsel, the hearing shall proceed and the licensee shall be bound by the results of the hearing to the same extent as if present.

655-4.12(17A,147,152,258A) Authority of the presiding officer during the hearing. The presiding officer shall:

1. Enter into the record the names of the presiding officer, the hearing panel members, the parties, and their representatives.

2. Enter into the record the statement of charges and answer thereto. 3. Administer oaths. 4. Receive testimony and exhibits. 5. Rule on objections and motions. 6. Adjourn the hearing.

655-4.13(17A,147,152,258A) Hearing procedure. The hearing panel: 1. Shall receive opening statements from the parties. 2. Shall receive evidence, in accordance with Iowa Code section 17A.14 on behalf of the

state of Iowa and on behalf of the licensee. 3. Shall receive rebuttal evidence on behalf of the state of Iowa and on behalf of the licensee. 4. Shall receive closing statements from the parties. 5. May interrogate witnesses. 6. May request that briefs be filed. 7. Shall determine the findings of fact and conclusions of law by a majority vote and report

its findings in writing at the next regularly scheduled board meeting.

655-4.14(17A,147,152,258A) Panel of specialists. The board may appoint a panel of nurses, who are specialists, when the board determines specialists are needed to determine the facts of a case.

4.14(1) The executive director shall set the date, time, and location of the hearing by the panel of specialists and shall notify the licensee.

4.14(2) The panel of specialists shall: a. Select a presiding officer. b. Enter into the record the names of the presiding officer, the panel of specialists, and

the names of the parties and their representatives. c. Enter into the record the statement of charges and answer thereto. d. Receive opening statements from the parties. e. Receive evidence, in accordance with Iowa Code section 17A.14, on behalf of the state

of Iowa and on behalf of the licensee. f. Receive rebuttal evidence on behalf of the state of Iowa and on behalf of the licensee. g. Receive closing statements from the parties. h. Interrogate the witnesses. i. Determine the findings of fact by a majority vote and report its findings in writing at

the next regularly scheduled board meeting.

655-4.15(17A,147,152,258A) Contested case decisions. The fmal decision in a contested case shall be adopted by a majority of the board pursuant to Iowa Code section 258A.6(5).

4.15(1) The written decision of a hearing panel or panel of specialists shall be reviewed, revised if necessary, and adopted by the board. The decision shall include a findings of fact and conclusions of law.


4.15(2) After the adoption of the findings of fact and conclusions of law, the sanction ~ shall be determined by the board and shall be written in an order.

a. The final decision shall include a findings of fact, conclusions of law, and ord~r. b. The final decision is a public record pursuant to Iowa Code section 258A.6(4).

6SS-4.16(17A,147,152,258A) Sanctions. The final decision shall be issued by the board within a reasonable period of time.

4.16(1) The board may accept the voluntary surrender of a license. 4.16(2) If the order imposes probation, the licensee may be required to return the license

to the board office promptly. · a. The board office shall mark "Probation" on the face of the license and return it to the

licensee promptly. b. Failure of the licensee to return the license within two weeks of receiving the order shall

be grounds for the board to reopen the hearing. ~ 4.16(3) The name, license number if a licensee whose license has been restricted, suspend-

ed, or revoked in Iowa, and the sanction shall be made public by the following board actions: a. Notification of the board of nursing in each state. b. Publication of the information in its newsletter. c. Submission of the information to the disciplinary bank of the National Council of State

Boards of Nursing, Inc. d. Notification of health care facilities within the state. 4.16(4) Fines may be imposed in the final decision in accordance with Iowa Code section

258A.3(2)"c." A fine shall be paid within a reasonable amount of time as specified in the order. a. Fines may be imposed for practice without a license as specified in subrule 4.17(5). A

fine shall be $50 per month for each month of practice without a license up to a maximum of $1,000. ~

b. Fines may be imposed for obtaining a license by falsification of continuing education records. A fine shall be $50 for each contact hour falsified up to a maximum of $1,000.

6SS-4.17(17A,147,152,258A) Reasons for sanction. The board may restrict, suspend or revoke the license or temporary license of a registered nurse, licensed practical nurse, or advanced registered nurse practitioner for acts or omissions which affect nursing practice.

4.17(1) In accordance with Iowa Code section 147.55, subsection 1, and 258A.l0, subsection 1, behavior (i.e., acts, knowledge, and practices) which constitutes fraud in procuring a license may include but need not be limited to the following:

a. Falsification of application, credentials, or records submitted to the board for initial licensure as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner.

b. Fraud, misrepresentation, or deceit in taking the licensing examination or in obtaining a license as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner. \...._)

c. Impersonating any applicant in any examination for licensure as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner.

d. Falsification of renewal application, credentials, or records submitted to the board for relicensure as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner.

4.17(2) In accordance with Iowa Code section 147.55, subsection 2, and section 258A.l0, subsection 2, professional incompetency may include but need not be limited to the following:

a. Lack of knowledge, skill, or ability to discharge professional obligations within the scope of nursing practice.

b. Deviation by the licensee from the standards of learning, education, or skill ordinarily possessed and applied by other nurses in the state of Iowa acting in the same or similar circumstances.

c. Willful or repeated departure from the minimum standards of acceptable and prevailing \..,) practice of nursing in the state of Iowa.


d. Failure to conform to the minimum standards of acceptable or prevailing practice of nursing in the state of Iowa.

e. Willful or repeated failure to practice nursing with reasonable skill and safety. f. Failure to meet the standards as defined in Iowa Administrative Code, Nursing Board

[590], Chapter 6. 4.17(3) In accordance with Iowa Code section 147.55, subsection 3, and section 258A.IO,

subsection 3, nursing behavior (i.e., acts, knowledge, and practices) which constitute knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of a profession may include but need not be limited to the following:

a. Performing nursing services beyond the authorized scope of the level of nursing for which the individual is licensed as defined by statute or rules of the board.

b. Oral or written misrepresentation relating to degrees, credentials, records, and applications. 4.17(4) In accordance with Iowa Code section 147.55, subsection 3, and section 258A.IO,

subsection 3, nursing behavior (i.e., acts, knowledge, and practices) which constitute unethical conduct may include but need not be limited to the following:

a. Permitting or allowing another person to use one's nursing license or temporary license for any purpose.

b. Delegating nursing services, functions, or responsibilities to others contrary to statute or rules.

c. Committing an act(s) with the intention to affect adversely the physical or psychosocial welfare of the patient or client.

d. Intentionally abusing the patient or client by committing a verbal or physical act(s). e. Leaving a nursing assignment without properly notifying appropriate personnel and en

suring the safety and welfare of the patient or client. f. Violating the confidential or privacy rights of the patient or client. g. Discriminating against a patient or client regarding but not limited to the following: age,

race, creed, sex, economic status, or illness of the patient or client. h. Failing to practice nursing with reasonable skill and safety by reason of illness, substance

abuse, or as a result of a mental or physical condition. i. Fraudulently or inappropriately using or permitting the use of prescription blanks. j. Intentionally misappropriating medications, property, supplies, or equipment of the pa

tient, client, or agency. k. Using or permitting the use of inaccurate or false information in patient, client, or agen

cy records. 4.17(5) In accordance with Iowa Code sections 147 .2, 147.7, and 147.10, behavior which

constitutes practice without a license may include: a. The practice of nursing as defined in Iowa Code section 152.1 and outside one's family

without a current, active Iowa license. b. The practice of nursing as defined in Iowa Code section 152.1 and outside one's family

while one's Iowa license is in delinquent status, as defined in the rules of the board. c. The practice of nursing as defined in Iowa Code section 152.1 and outside one's family

when one is unable to produce or display the license upon request of the board.

65S-4.18(17A,147,1S2,2S8A) Endorsement. An Iowa license to practice nursing may be issued by endorsement by the board to an individual whose nursing license is under probation or the equivalent in another state pursuant to Iowa Code section 147.76.

65S-4.19(17A,147,1S2,258A) Application for reinstatement. Any person whose license has been voluntarily surrendered, suspended, or revoked may apply to the board for reinstatement.

4.19(1) When the licensee applies for reinstatement, the burden of proof is on the licensee to prove that the condition(s) that led to a sanction no longer exists.

4.19(2) If the board votes for reinstatement, the board may impose reasonable terms and conditions.

Ch 4, p.6 Nursing Board[6SS] lAC 8/26/87

These rules are intended to implement Iowa Code chapters 17A, 152, and 258A and Iowa \..._) Code section 147.76.

[Filed 5/12/70] [Filed 12/3/76, Notice 10/6/76-published 12/29/76, effective 2/2/77] [Filed 3/9/77, Notice 12/29/76-published 4/6/77, effective 5/11 /77] [Filed 3/16/77, Notice 2/9/77-published 4/6/77, effective S/11/77]

[Filed 8/25/80, Notice 4/16/80-published 9/17/80, effective 10/22/80] [Filed 2/3/84, Notice 1119/83-published 2/29/84, effective 4/4/84]

[Filed 5/2/84, Notice 2/29/84-published 5/23/84, effective 6/27 /84] [Filed emergency 7/29/87-published 8/26/87, effective 7/29/87]

~

\.-,I

\.,I

\..,1

lAC 8/26/87

655-5.1(152) Definitions.

Nursing Board[655]

CHAPTER 5 CONTINUING EDUCATION (Prior to 8/26/87, Nursing Board(S90), Ch S)

Ch 5, p.l

uApproved provider, means those persons, organizations, or institutions that meet the criteria specified in sub rule 5 .3(2) and are authorized by the board to offer approved continuing education programs.

"Approved provider number" means the number assigned by the board which identifies an approved provider.

"Audit" means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period; or the selection of approved providers for verification of adherence to continuing education approved provider requirements during a specified time period.

"Continuing education" means planned, organized learning activities acquired following initial licensure and designed to maintain, improve, or expand nurses' knowledge and skills or to develop new knowledge and skills relevant to nursing for the enhancement of practice, education, administration, or theory development to the end of improving the health of the public .

.,Criteria" means those standards as defined in subrule 5.3(2) which the provider shall meet to be an approved provider.

"Formal offering" means an extension course, independent study, or other course which is offered for academic credit or audit by an accredited institution of higher education. A formal offering need not be offered by an approved provider.

"Informal offering" means workshop, seminar, institute, conference, lecture, short term course, provider designed self-study, or learner designed self-study which is offered for credit in contact hours or continuing education units.

uLearner designed self-study" means the learner takes the initiative and the responsibility for assessing, planning, implementing, and evaluating an educational activity under the guidance of an approved provider. The provider may award credit to a nurse for learner designed self-study such as lecture development, research, preparation of articles for publication, development of patient care or patient education programs, or projects directed at resolving administrative problems.

"Nonapproved provider" means those persons, organizations, or institutions who do not hold an Iowa approved provider number. The board may recognize credit from nonapproved providers under special situations as specified in subrule 5.2(2), paragraph ue,, subparagraph (2).

"Practicum" means a course-related, planned and supervised clinical experience which includes clinical objectives and assignment to practice in a laboratory setting or with patients/ clients for obtainment of the objectives.

uProvider designed self-study" means that the provider designs a program for learning for the nurse who completes the program at the individual's pace, e.g., home study, programmed instruction.

655-5.2(152) Continuing education - licensees. 5.2(1) Board authority. The board derives its authority under Iowa Code chapter 258A

to create continuing education requirements as a prerequisite to obtain a current license and an audit system to assure compliance. Rules relating to the continuing education and licensing of registered nurses and licensed practical nurses are found in this chapter; rules relating to the continuing education and licensing of advanced registered nurse practitioners are found in nursing board rules, chapter 7.

5.2(2) Requirements. To obtain a registered nurse or licensed practical nurse license for the next renewal period the licensee shall submit a completed report form which documents the completion of continuing education requirements or exceptions to the requirements, as outlined in subrule 5.2(3).


a. Forty-five contact hours or 4.5 continuing education units (CEU's) shall be required for renewal of a three-year license. Thirty contact hours or 3.0 CEU's shall be required for renewal of a license which was issued for less than three years as a result of one of the following:

(l) Examination. (2) Endorsement into Iowa from another state. (3) Reactivation from inactive status. (4) Reinstatement from delinquent status. b. The hours specified in paragraph "a, shall be completed in the license period for which

the license was issued. Continuing education credits from a previous license period shall not be used, nor shall credits be accumulated for use in a future licensing period. New graduates may collect hours beginning with the first day of the month following the licensure examination. Credit will not be accepted for a duplication of informal or formal offerings within a license period.

c. Units of measurement used for continuing education courses shall be as follows: (1) I contact hour = 50 minutes of instruction. (2) 1 contact hour = 150 minutes of work on learner designed self-study. (3) 1 contact hour = 150 minutes of clinical or laboratory practicum in an informal offering. (4) 1 CEU = 10 contact hours of instruction. (5) 1 academic semester hour = 15 contact hours of instruction. (6) 1 academic quarter hour = 10 contact hours of instruction. d. To be approved for continuing education credit, formal offerings shall meet the qualifi

cations of appropriate subject matter as specified in subrule 5.3(2), paragraph "a,,, or be required as a part of a formal nursing program which extends beyond the education completed for the original nursing license. Questions about whether particular formal offerings will be approved may be directed to the board office. A denial of approval may be appealed to the board within one month of the denial. The licensee shall retain a transcript exhibiting a passing grade for each formal offering or verification of attendance for offerings which are audited.

e. To be approved for continuing education credit, informal offerings shall meet the qualifications of appropriate subject matter as specified in subrule 5.3(2), paragraph .. a., There are no restrictions on amount of credit acquired through learner designed or provider designed self-study. The licensee shall retain a certificate to verify completion of each informal offering.

(1) Informal offerings shall be accepted when offered by board approved providers or when guided by board approved providers in learner designed self-study. All offerings within Iowa and all learner designed self-study shall be sponsored by a board approved provider to be acceptable.

(2) Informal offerings offered outside of Iowa by a nonapproved provider shall be accepted when specially approved by the board for an individual licensee. A licensee shall obtain special approval from the board office in order to receive credit acceptable to fulfill the requirements. A request in writing or by telephone for special approval shall be received in the board office prior to the completion of the offering. Special approval requires submission of a completed application and a brochure, advertisement, or course description. Course content shall meet the qualifications of appropriate subject matter as specified in subrule 5.3(2), paragraph "a... The licensee shall retain the approval letter from the board office, in addition to the certificate of attendance received from the nonapproved provider. A denial of approval may be appealed to the board within one month of the denial.

f. Activities not specified in subrule 5.2(2), paragraph "d,, or .. e, ,, shall be considered appropriate for continuing education credit only after approval has been obtained in writing from the board.

5.2(3) Exceptions to the requirements in subrule 5.2(2), paragraph "a ... A waiver of continuing education requirements or extensions of time within which to fulfill the requirements may be granted on an individual basis. Specific instructions are available from the board office for the following:

a. A licensee shall be deemed to have complied with the continuing education requirements during periods that person serves honorably on active duty in the military service as specified in Iowa Code section 258A.2(3). The continuing education credit requirements shall be waived;

lAC 8/26/87 Nursing Board[655] Ch S, p.3

however, a licensee who claims this exception shall retain evidence of active duty to be presented upon request from the board.

(I) A licensee who served on active duty for the entire license period or through the end of the license period shall be exempt from the requirement of continuing education credits.

(2) A licensee, who served on active duty for a portion of a license period but is not on active duty at the time of renewal, shall comply with continuing education requirements of Iowa for the remainder of the license period. The required hours are prorated at 15 contact hours per year for each period of 12 consecutive months when not on active duty.

b. A licensee shall be deemed to have complied with the continuing education requirements when that person, at the time of renewal, resides outside of Iowa and holds a current license to practice in a state other than Iowa which also has mandatory continuing education. The continuing education credit requirements shall be waived; however, a licensee who claims this exception shall retain evidence of the out-of-state license to be presented upon request from the board.

(1) A licensee who resides out of state for the entire license period or through the end of the license period and meets a state's continuing education requirements to maintain a current license shall be exempt from the requirements of continuing education credits.

(2) A licensee, who resided out of state for a portion of a license period but is residing in Iowa at the time of renewal, shall comply with continuing education requirements of Iowa for the remainder of the license period. The required hours are prorated at IS contact hours per year for each period of 12 consecutive months residence in Iowa.

c. A licensee shall be deemed to have complied with the continuing education requirements during periods that person is a government employee working as a registered nurse or licensed practical nurse and assigned to duty outside of the United States as specified in Iowa Code section 258A.2(3). The continuing education credit requirement shall be waived; however, a licensee who claims this exception shall retain evidence of government employment outside the United States to be presented upon request from the board.

(I) A licensee who is a government employee serving outside the United States for the entire license period or through the end of the license period shall be exempt from the requirement of continuing education credits.

(2) A licensee who is a government employee serving outside the United States for a portion of a license period but is not in that status at the time of renewal, shall comply with continuing education requirements of Iowa for the remainder of the license period. The required hours are prorated at 15 contact hours per year for each period of 12 consecutive months when not in that status.

d. A licensee shall be deemed to have complied with the continuing education requirements during periods that person is serving as a registered nurse or licensed practical nurse outside the United States where a current license is required for the licensee's service. The continuing education credit requirement shall be waived; however, a licensee who claims this exception shall retain evidence of foreign service requiring licensure to be presented upon request from the board.

(1) A licensee who is serving in such a position for the entire license period or through the end of the license period shall be exempt from the requirement for continuing education credits.

(2) A licensee who is serving in such a position for a portion of the license period, but is not in that status at the time of renewal, shall comply with continuing education requirements of Iowa for the remainder of the license period. The required hours are prorated at 15 contact hours per year for each period of 12 consecutive months when not in that status.

e. A licensee who has had a physical or mental disability or illness during the license period shall be eligible for a waiver. A waiver provides for an extension of time or exemption from some or all of the continuing education requirements. An application for a waiver is available upon request to the board office. The application requires the signature of a physician who can attest to the existence of a disability or illness during the license period. The application for a waiver shall be approved or denied depending on the disability or illness of the licensee. A licensee shall be notified of the decision. A licensee who obtains approval shall retain a copy of the waiver to be presented to the board upon request.


5.2(4) Failure to meet requirements or exceptions to requirements. The licensee who fails ~ to meet the requirements or the conditions for the exceptions has the following options:

a. If prior to the expiration date of the license, the license may be placed on inactive status without penalty and no continuing education is required. The licensee shall notify the board in writing of the desire to place the license on inactive status.

b. If during the late renewal period, the late licensee as defined in nursing board rule 3.1(17A,147,152,258A), may retain the license in an active status, or place it on inactive status.

(1) To remain active, the licensee shall complete the continuing education requirements as specified in subrule 5.2(2) or 5.2(3) as well as other requirements specified in nursing board subrule 3.6(4).

(2) To place the license on inactive status, the licensee shall make a written request to be placed on inactive status and submit the late fee as specified in nursing board rule 3.1(17A,147,152,258A). No continuing education is required in order to place the license on inactive status. \..I

c. If the license is in delinquent status, the delinquent licensee as defined in nursing board rule 3.1(17A,147,152,258A) may reinstate the license or place the license on inactive status.

(1) To reinstate a license, the licensee shall complete 15 contact hours of continuing educa-tion as well as other requirements specified in nursing board subrule 3.6(5). The continuing education shall have been earned within 12 months prior to reinstatement.

(2) To place a license on inactive status, the licensee shall make a written request to be placed on inactive status and submit the delinquent fees as specified in nursing board rule 3.1(17A,147,152,258A) plus all renewal fees to date due. No continuing education is required in order to place the license on inactive status.

5.2(5) Audit of licensees. The board may select licensees for audit following a period of licensure.

a. The licensee must submit verification of compliance with continuing education require- '~....,) ments or exceptions for the period of licensure being audited. Verification for satisfactory completion of the audit includes legible copies of certificates of attendance, transcripts, spe-cial approval of informal offerings from nonapproved providers, or documentation of com-pliance with exceptions in subrule 5.2(3).

b. Verification must be submitted within one month after the date of the audit. Extension of time may be granted on an individual basis.

c. Licensees are required to keep certificates of attendance, letters verifying special approval for informal offerings from nonapproved providers, transcripts, and documentation of compliance with exceptions for four years.

d. The board shall notify the licensee of satisfactory completion of the audit. e. Failure to complete the audit satisfactorily or falsification of information shall result in

board action as described in nursing board rules, chapter 4. f. Failure to notify the board of a current mailing address will not absolve the licensee from ~

the audit requirement; completion of an audit will be required prior to further license renewal.

655-5.3(152) Continuing education - providers. 5.3(1) Board authoNty. The board derives its authority under Iowa Code chapter 258A

to create requirements for becoming an approved provider and maintaining that status. The board also has the authority to develop an audit, a mechanism to verify compliance with criteria for approved providers.

5.3(2) Criteria for approved providers. The approved providers shall show evidence of capability to adhere to criteria indicative of quality continuing education activities for nurses.

a. Criteria related to appropriate subject matter. Appropriate subject matter for continuing education credits reflects the educational needs of the nurse learner and the health needs of the consumer. Subject matter is limited to offerings that are scientifically founded and predominantly for professional growth. A nonsectarian approach shall be utilized. The fol- \,.) lowing areas are deemed appropriate subject matter for continuing education credit:


(1) Nursing practice related to counseling, teaching, or care of clients in any setting. (2) Sciences upon which nursing practice, nursing education, or nursing research is based,

e.g., nursing theories and biological, physical, behavioral, computer, social, or basic sciences. (3) Social, economic, and legal aspects of health care. (4) Management or administration of health care, health care personnel, or health care

facilities. (5) Education of patients or their significant others, students, or personnel in the health

care field. b. Criteria related to operation of an approved continuing education providership. The

provider shall: (1) Have a consistent, identifiable authority who has overall responsibility for the opera

tion of the providership and execution of the informal offerings. (2) Maintain financial integrity so that participants receive the continuing education for which

they have paid. • (3) Maintain participant and program records as specified in paragraph "c" of this subrule. (4) Demonstrate active nursing participation in the planning and administration of infor

mal offerings. (5) Select appropriate subject matter designed to fulfill the educational needs of nurses in

order to meet the health care needs of consumers as defined in paragraph "a" of this subrule. (6) Demonstrate planning for each offering that includes a statement of purpose and meas

urable, educational objectives. (7) Provide notification to licensees of the availability of informal offerings. A brochure

or written advertisement shall be developed for all informal offerings other than learner designed self-study and a copy shall be sent to the board prior to each offering. The brochure or advertising shall accurately describe the activities by including the date, time, location, statement of purpose, educational objectives, intended audience, credentials of instructors, costs and items covered by the fee, refund policy, amount of continuing education credit to be awarded, and the areas of subject matter to be covered as described in subrule 5.3(2), paragraph ua." The board approved provider number shall appear on the cover.

(8) Structure program content and learning experience to relate to the stated purpose and objectives. Program content shall cover one topic or a group of closely related topics. Current, relevant, scientifically based supportive materials shall be used.

(9) Include a system for verification of satisfactory completion of the activity by each participant. The provider may not award credit to those who serve as organizers during the actual offerings. Completion of the offering is required prior to the award of credit. The provider may make an exception and award partial credit in extreme emergency conditions. The provider may make an exception and award partial credit for the portion of time a nurse participated in an offering other than the time the nurse was a presenter.

(10) Develop policies and procedures for management of continuing education programs including program evaluation, enrollee grievances, and tuition refund.

(11) Assign credit according to a uniform measure of credit as defined in subrule 5.2(2), paragraph ~~c. " Credit shall be granted in increments of half hours or whole hours; however, no credit shall be awarded for less than one contact hour or .1 CEU.

(12) If desired, cosponsor an offering provided by a nonapproved provider. When cosponsoring is done, the approved provider awards the credits and is responsible for assurance that all criteria in this chapter are met. Cosponsoring is not acceptable for learner designed self-study.

(13) An approved provider shall notify the board within 30 days of changes in the administrative authority or address of the providership or the inability to meet the criteria.

c. Criteria related to record maintenance of continuing education programs. The provider shall:

(1) Maintain participant records for a minimum of four years from the date of program completion. The participant records shall include the name of licensee, license number, contact hours or CEU's awarded, offering titles, and dates of offerings. The record system shall provide for secure storage and retrieval of individual attendance and information regarding


each offering. The participant records of continuing education credits granted shall be avail- ~ able within two weeks upon request from individual nurses or the board. Individual nurses may be assessed for this retrieval service.

(2) Maintain program records for a minimum of four years from the date of program completion.

Program records for all informal offerings, other than learner designed self-study, shall include a brochure or advertising, roster of attendees to whom credit was awarded, and a summary of the program including participant and provider evaluations. Documents from two typical course offerings are also required as specified in subrule 5.3(4), paragraph "a," subparagraph (6).

Program records for learner designed self-study shall include the written agreement between the learner and provider, date of completion, and learner and provider evaluations.

(3) The approved provider shall furnish each participant with an individual record of com- \..I pletion which displays the following on the front of the certificate: participant's name, provider number, credit hours awarded, starting and ending dates of the offering, subject matter taken, and a reminder to the participant to retain the certificate for four years.

d. Criteria related to faculty of informal offerings. The faculty shall: (I) Be current, knowledgeable, and skillful in the subject matter of the offering by having

evidence of further education in the subject. Such education shall be acquired through course completion or an advance degree, experience in teaching in the specialized area within the three years preceding the offering, or six months' work experience in the specialized area within the three years preceding the offering.

(2) If applicable, be skillful in assisting a nurse in designing a learner designed self-study program by having experience or education in course design.

(3) Include a nurse if the subject matter is nursing or if it is learner designed self-study. ~ •' (4) Encourage active participation of the nurse learners enrolled in the offerings. ~ (5) Utilize principles of adult education in teaching strategies. (6) Utilize teaching methodologies appropriate to the subject, audience, and time allotment. (7) Utilize current supportive materials by drawing from resources that are predominantly

less than five years old unless the topic is of an historical nature. (8) Not receive credit when teaching participants. (9) Not receive credit for learner designed self-study from a provider which employs them

in the regular administration of the providership. e. Criteria related to evaluation of continuing education programs. The provider shall: (1) Implement an evaluation mechanism which allows the participant to assess achievement

of program objectives, faculty effectiveness, and teaching-learning methodologies, when applicable, for each offering.

(2) Utilize evaluation techniques so that the provider may assess the effectiveness of each ~ 1

offering and plan for future offerings. ~ f. Additional criteria related to management of learner designed self-study for providers

who wish to guide this type of education. The provider shall: (1) Provide a written application process through which the learner describes the following: Individual's assessed need for the learning activity which meets the criteria related to ap

propriate subject matter found in this subrule, paragraph "a." Purpose for pursuing the learning activity. Objectives clarifying the purpose and provide a description of expected learning outcomes

in measurable, behavioral terms. Learning experiences or activities detailed in a plan for achieving the behavioral objectives. Learning resources identifying people, materials, and facilities to be utilized to achieve the

purpose and objectives. Timetable for completion of learning activities. \...I Method of evaluation to be used which assures completion of the learning activities, the .

objectives, and the number of hours required.


(2) Provide a written agreement with the learner. The written agreement shall include: The approved written application. Cost and refund policy. Number of contact hours to be awarded. The board approved provider number. Signatures of the nurse learner and the faculty managing this learner designed self-study. Date of the agreement. (3) Provide an evaluation which indicates successful completion of the terms of the written

agreement and the award of a certificate of completion. 5.3(3) Initial approval process for providers. Initial approval is granted upon the submis

sion of required materials and the determination by the board or its representative that the materials fulfill the criteria for approved providers specified in subrule 5.3(2).

a. Upon request, the board office shall send an application to a potential provider which requires the submission of the following materials:

(I) Definition of the administrative authority. The definition shall include: The name of the administrative authority if it is one person. The name of each member of the administrative authority, and a narrative description of

their relationship (e.g., partnership, corporation, board of directors) and roles, if applicable. (2) Biographical infoFmation about each member of the administrative authority. This in

formation shall support that the authority is knowledgeable in administration and has the capability to organize, execute, and evaluate the overall operations of the providership.

(3) Position description of the administrative authority. The description shall explain the authority's role in planning, decision making, and formulation of policies affecting the continuing education offerings.

(4) Table of organization. The table shall: Delineate the administrative authority for the providership. Define the line relationships within the providership as well as within the parent organiza

tion, if applicable. Illustrate cooperative or advisory relationships, if applicable. (5) Goals, philosophy, and objectives. These shall indicate the overall direction of the

providership for a five-year period. (6) Progam offerings. The program offerings shall reflect the goals and philosophy. (7) Evidence of nursing participation. Nursing participation shall be documented in a written

statement of policy, denotation on the table of organization, and planning minutes. (8) Plan on subject matter. The plan shall: Indicate the mechanism of assessing the learning needs of the population to be served. Describe how the provider shall meet the criteria related to appropriate subject matter in

its offerings, as specified in subrule 5.3(2), paragraph "a." (9) Plan for a record system and maintenance. The plan shall include the following: A policy regarding the content of participant records. A policy regarding the content of provider records including a roster of participants, and

information regarding the offering and faculty. A policy regarding the length and method of record storage. A policy regarding retrieval of records. A sample of the certificate to be used. A sample of a written agreement for learner designed self-study, if applicable. (10) Plan for verification of completion. The plan shall include: A system for verification of satisfactory completion of the offering by each participant. A method of informing the participant of the consequences of not completing an offering

in its entirety. A policy regarding granting of partial credit to a speaker who has presented a portion of

an offering. A policy regarding granting of partial credit for less than full attendance due to emergency

conditions.


A method of informing the participant of the control methods to be employed to ensure V completion of the offering.

(11) Registration procedures. (12) Tuition refund policy. (13) Plan for dealing with enrollee grievances. (14) Plans for evaluation. The plan shall include: A design for participant evaluation which includes assessment of the instruction, resources,

and facilities. A method of notifying the participants that the evaluation may be submitted directly to the

board. A design for provider evaluation which includes techniques that assess the effectiveness of

each offering and the overall providership. (15) Plan for faculty selection. The plan shall describe the mechanism of selecting faculty l ;

who are current, knowledgeable, and skillful in the subject matter of the offering. ~ (16) Policy regarding the use of the uniform measure of continuing education credit. (17) Documents from two typical sample course offerings. Documents for each of these

two offerings shall include: A narrative of the planning of the offering including evidence of nursing participation. A sample brochure or advertising. Content of course, i.e., topical outline. Teaching-learning methodologies and supportive materials. Bibliography. A sample evaluation form for participant completion. A sample evaluation form for provider completion. (18) Plan for cosponsorship of offerings, if applicable. The plan shall include: A policy on cosponsorship which addresses the mechanism for compliance with criteria and "..,~

delineation of responsibilities of all parties. A sample contract or letter of agreement. b. Upon receipt of the completed application, a review is held by a committee. (1) The committee is composed of at least three appointees of the board. The review is

held at the board office within 60 days of receipt of the application. (2) The review is based on the criteria as specified in subrule 5.3(2). (3) If the submitted materials meet the requirements, the committee shall approve the provider

for five years and issue a provider number. The approved provider shall be notified within two weeks of the decision of the committee.

(4) If the committee finds submitted materials to be incomplete or unsatisfactory, it shall notify the provider applicant within six weeks of the submission of the application. The applicant is given the opportunity to meet the criteria with an additional review to be held within six weeks of submission of new materials. ~

(5) If the applicant is unable to meet the criteria within three committee reviews or one year, whichever comes first, the committee shall recommend nonapproval at the next regularly sched-uled board meeting.

(6) Notice of this recommendation of nonapproval shall be provided to the applicant at least 30 days before the board meeting.

(7) The board shall make the final decision. c. At any time the provider applicant disagrees with the committee's actions, the applicant

may request board action. At this time the matter becomes a contested case and an evidentiary hearing as specified in Iowa Code chapter 17 A shall be held by the board at its next regularly scheduled meeting.

(1) If the final decision of the board is approval, approval shall be granted up to five years and an approved provider number is issued. The applicant shall be notified of the decision within two weeks of the board's final decision. ~

~I


(2) If the final decision of the board is a denial, the applicant shall be notified of the decision within two weeks of the board's final decision. Provisions for making a request for reconsideration and appeal are found in Iowa Code sections 17A.l6 and 17A.19.

d. A provider applicant who has been denied approved provider status may apply no sooner than one year after denial to become an approved provider by starting the initial approval process specified in this subrule.

5.3(4) Renewal process for approved providers. Reapproval is granted upon the submission of required materials and the determination by the board or its representatives that the materials fulfill the criteria for approved providers specified in this chapter.

a. The board shall send an application for reevaluation to an approved provider four months before the expiration of the current approval. The completed application shall be submitted to the board office no later than two months prior to the expiration of the current approval. The application requires submission of the following materials:

(1) Identification of the current administrative authority. The information shall include the name(s) and title(s) of the authority.

(2) Current table of organization. The table shall: Delineate the administrative authority for the providership. Define the line relationships within the providership as well as within the parent organiza-

tion, if applicable. Illustrate cooperative or advisory relationships, if applicable. (3) Goals, philosophy, and objectives. These shall: Be described in regard to accomplishments, strengths, and weaknesses during the approval

period. Indicate the overall direction of the providership for the next five-year period, taking into

consideration the strengths and weaknesses of the providership. (4) List of course offerings from the previous year. (5) Explanation of changes. A sample shall be submitted for each alteration in policies,

procedures, or certificates made since the previous approval. (6) Documents from two typical course offerings. The approved provider shall submit docu

ments from a classroom offering and provider designed self-study and learner designed selfstudy, as applicable. The following documents shall be included:

A narrative of the planning of the offering. A brochure, advertising, or written agreement. Content of course, i.e., topical outline. Teaching-learning methodologies and supportive materials. Bibliography. Attendance record. Participant evaluation form. Summary of participant and provider evaluations. b. Upon receipt of the renewal application, a review shall be made by a board designee

at the board office within 30 days of receipt of the application. (l) The review is based on the criteria as specified in subrule 5.3(2). (2) If the submitted materials meet the requirements, the designee shall issue a renewal of

the approved provider status for a five-year period. (3) If the submitted materials are incomplete or unsatisfactory, the designee shall notify

the provider within two weeks of the review. The provider shall be given the opportunity to meet the criteria within two weeks. If the provider is unable to· meet the requirements, the designee shall recommend nonapproval at the next regularly scheduled board meeting.

(4) Notice of this recommendation of nonapproval shall be provided to the applicant at least 30 days before the board meeting.

(5) The board shall make the final decision. (6) At any time the renewal applicant disagrees with the designee's actions, the applicant

may request board action. At this time the matter becomes a contested case and an eviden-

Ch 5, p.IO Nursing Board[655] lAC 8/26/87

tiary hearing as specified in Iowa Code chapter 17A shall be held by the board at its next regularly scheduled meeting, when the board shall issue a final decision.

(7) If the final decision of the board is reapproval, approval shall be granted up to five years. The approved provider shall be notified of the decision within two weeks of the board's final decision.

(8) If the final decision of the board is denial, the renewal applicant shall be notified of the decision within two weeks of the board's decision. Provisions for making a request for reconsideration and appeal are found in Iowa Code sections 17A.l6 and 17A.l9.

(9) A renewal applicant who has been denied reapproval may apply no sooner than one year after denial to become an approved provider by starting the initial approval process specified in subrule 5.3(3).

5.3(5) Audit of approved providers. An audit of a provider may be initiated by a determination of the board that an audit shall be made or as a result of a complaint.

a. Disciplinary proceedings against providers shall follow the same process as those for licensees specified in Iowa Administrative Code, nursing board rules, chapter 4. In addition:

( 1) A complaint may be filed with the board against a provider for acts or omissions which indicate a failure to meet the criteria established in this chapter. If the complaint is in regard to a particular offering it shall be filed within one month of the completion of the offering.

(2) The board shall acquaint the provider with a complaint. If satisfactory resolution to the problem can be obtained between the provider and the complainant, no further disciplinary proceedings shall be executed.

(3) In the investigation, information may be requested that evidences compliance with the rules of this chapter. It may include unannounced survey visits by representatives of the board.

b. The final decision shall be issued by the board within a reasonable period of time and may include one of the following sanctions:

(1) The board may accept the voluntary relinquishment of an approved providership. (2) The board may issue a citation and warning to the approved provider for willful or repeat

ed failure to meet one or more of the criteria specified in subrule 5.3(2). (3) The board may place the approved provider on probation for a specified time period

for willful or repeated failure to meet one or more criteria specified in subrule 5.3(2). During the probationary period, the provider shall submit information that satisfactorily fulfills the criteria in question.

(4) The board may suspend the approved provider status for a specified time period or revoke the approved provider status for violations of the criteria specified in subrule 5.3(2).

c. A provider who wishes to request reconsideration shall do so within 20 days from the date of receipt of notification. The provider shall submit a statement which shows cause why action should not have been taken by the board. This statement shall be acted upon by the board within 20 days.

d. A provider who wishes to appeal the sanction imposed by the board may do so pursuant to Iowa Code section 17A.19.

e. A provider whose approved provider status has been suspended, relinquished, or revoked shall no longer advertise that it is an approved provider. The provider number shall no longer be used or appear in brochures, advertisements, certificates, or other materials.

f. A provider whose approved provider status has been suspended or withdrawn shall make arrangements with the board for record storage.

g. The board shall notify other states which have mandatory nursing continuing education of the suspension, relinquishment, or revocation of the approved provider status and the reason(s) for withdrawal.

h. A provider whose approved provider status has been relinquished, suspended, or revoked may apply no sooner than one year after the withdrawal of approval to become an approved provider by the initial approval process described in subrule 5.3(3).

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lAC 8/26/87 Nursing Board[655] Ch 5, p.ll

5.3(6) Voluntary relinquishment of an approved providership. An approved provider may voluntarily relinquish its provider number. If an approved provider does not submit the required materials for reapproval or is unable to be located by the board, by certified mail, the board will consider that the provider voluntarily relinquished its approved provider status effective with the return of the certified mail or as determined by the executive director. When the approved providership has been voluntarily relinquished, the provider shall discontinue providing continuing education that is acceptable for license renewal in Iowa.

a. The provider shall maintain the records required in subrule 5.3(2) until four years after the last credit was granted or transfer the records to the custody of the board.

b. The provider may apply no sooner than one year after the relinquishment to become an approved provider by starting the initial approval process specified in subrule 5.3(3).

These rules are intended to implement Iowa Code sections 258A.2 and 258A.3. [Filed 3/28/78, Notice 2/8/78-published 4/19/78, effective 5/24178]

[Filed 12/11178, Notice 10/18/78-published 12/27178, effective 1/31179] [Filed 2/22/85, Notice 112/85-published 3/13/85, effective 6/1/85] [Filed without Notice 3/28/85-published 4/24/85, effective 6/1/85]

[Filed 1/21/86, Notice 10/23/85-published 2/12/86, effective 3/19/86] [Filed 4/15/86, Notice 2/26/86-published 5/7/86, effective 6/11/86] [Filed 7/23/86, Notice 5/21186-published 8/13/86, effective 9/17/86]

[Filed emergency 7/29/87-published 8/26/87, effective 7/29/87]

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CHAPTER 6* NURSING PRACTICE FOR

REGISTERED NURSES/LICENSED PRACTICAL NURSES (Prior to 8126181, Nursing Board(S90), Ch 6)

655-6.1(152) Definitions.

Ch 6, p.l

6.1(1) Accountability. Accountability is being obligated to answer for one's acts, including the act of supervision.

6.1(2) Advanced registered nurse practitioner (A.R.N.P.). An advanced registered nurse practitioner is a nurse with current active licensure as a registered nurse in Iowa who is prepared for advanced nursing practice by virtue of additional knowledge and skills gained through an organized postbasic program of nursing.

6.1(3) Basic nursing education. Basic nursing education is a nursing program preparing a person for "initial licensure to practice nursing as a registered nurse or licensed practical nurse.

6.1(4) Board. Board as used in this chapter means the Iowa Board of Nursing. 6.1(5) Competence in nursing. Competence in nursing is the ability of the licensed nurse to

perform, skillfully and proficiently, the functions within the role of the licensee. 6.1(6) Family nurse practitioner. (Reserved for future use.) 6.1(7) Mental health nurse practitioner. (Reserved for future use.) 6.1(8) Minimum standards. Minimum standards are standards of practice that interpret

the legal definition of nursing as well as provide criteria against which violations of the law can be determined.

6.1(9) Nurse anesthetist. (Reserved for future use.) 6.1(10) Nursing diagnosis. Nursing diagnosis means to identify and use discriminatory

judgment concerning physical and psychosocial signs and symptoms essential to determining effective nursing intervention.

6.1(11) Nurse midwife. (Reserved for future use.) 6.1(12) Nursing process. Nursing process is assessment, planning, intervention and

evaluation and is ongoing. 6.1(13) Pediatric nurse practitioner. (Reserved for future use.) 6.1(14) Proximate area. In the interpretation of proximate area, the board shall take into

account the professional judgment of the registered nurse in determining the necessary capability of the licensed practical nurse to be assigned to a given area, as well as the appropriate distance within the building and time necessary to be readily available to the licensed practical nurse.

6.1(15) School nurse practitioner. (Reserved for future use.)

655-6.2(152) Minimum standards of nursing practice for registered nurses. 6.2(1) The registered nurse shall recognize and understand the legal implications within

"--"' the scope of nursing practice. The scope of nursing practice considered to be minimum standards of nursing practice shall not be interpreted to include those practices currently ascribed to the advanced registered nurse practitioner.

6.2(2) The registered nurse shall utilize the nursing process in the practice of nursing, consistent with accepted and prevailing practice. The nursing process includes:

a. Nursing assessments about the health status of the patient/client, analysis of the data and formulation of a nursing diagnosis.

b. Planning of nursing care which includes determining goals and priorities for actions which are based on the nursing diagnosis. ·

c. Nursing interventions implementing the plan of care. d. Evaluation of patient/client status in relation to established goals and the plan of care. e. Paragraphs "a" through "d" recurring throughout the nursing process.

•Effective date (4-21-82) of chapter 6, delayed seventy days by the administrative rules review committee. Delay lifted by committee on June 9, 1982.


6.2(3) The registered nurse shall conduct one's nursing practice by respecting the rights of the patient/client.

6.2(4) The registered nurse shall conduct nursing practice by respecting the confidentiality of the patient/client, unless obligated to disclose under proper authorization or legal compulsion.

6.2(5) The registered nurse shall recognize and understand the legal implications of accountability. Accountability includes but need not be limited to the following:

a. Performing or supervising those activities and functions which require the knowledge and skill level currently ascribed to the registered nurse and seeking assistance when activities and functions are beyond the licensee's scope of preparation.

b. Assigning and supervising persons performing those activities or functions which do not require the knowledge and skill level currently ascribed to the registered nurse.

c. Supervising among other things includes any or all of the following: (1) Personally observing a function or activity. (2) Providing leadership in the assessment, planning, implementation and evaluation of

nursing care. (3) Delegating functions or activities while retaining accountability. (4) Determining that nursing care being provided is adequate and delivered appropriately. d. Executing the regimen prescribed by a physician. In executing the medical regimen as

prescribed by the physician, the registered nurse shall exercise professional judgment in accordance with minimum standards of nursing practice as defined in these rules. If the medical regimen prescribed by the physician (e.g., medication not administered) is not carried out, based on the registered nurse's professional judgment, accountability shall include but need not be limited to the following:

(1) Timely notification to the physician who prescribed the medical regimen that the order(s) had not been executed and reason(s) for same.

(2) Documentation on the patient/client medical record that the physician has been notified and reason(s) for not executing the order(s).

655-6.3(152) Minimum standards of practice for licensed practical nurses. 6.3(1) The licensed practical nurse shall recognize and understand the legal implications

within the scope of nursing practice. The licensed practical nurse shall perform services in the provision of supportive or restorative care under the supervision of a registered nurse or physician as defined in the Iowa Code.

6.3(2) The licensed practical nurse shall participate in the nursing process, consistent with accepted and prevailing practice by assisting the registered nurse or physician. A licensed practical nurse may assist the registered nurse in monitoring, observing, adding, discontinuing intravenous infusions and reporting of patient's reaction to treatment. Unless otherwise defined, assisting shall not include:

a. The initiation or the administration of intravenous medications and blood components. b. The initiation or administration of medications requiring the knowledge and skill level

currently ascribed to the registered nurse in the assessment, monitoring and evaluation of the patient's/client's response to said medications.

c. The performance of any procedure/treatment requiring the knowledge and skill level currently ascribed to the registered nurse.

6.3(3) The licensed practical nurse may be assigned in those patient/client settings requiring the knowledge and skill level currently ascribed to the registered nurse when supervised by a registered nurse/physician present in the proximate area. Settings shall include the follow-ing:

a. Intensive care units. b. Coronary care units. c. Emergency department.


d. Operating room. (A licensed practical nurse may assist with circulating duties when ' supervised by a registered nurse circulating in the same room.)

e. Labor and delivery units. f. Hemodialysis units. g. Public health nursing. (Subrule 6.6(1) is an exception to the "proximate area"

requirement.) h. School nursing. (Subrule 6.6(2) is an exception to the "proximate area" requirement.) i. Occupational nursing. j. Correctional facilities. k. Mental health nursing. 6.3(4) The licensed practical nurse shall conduct one's nursing practice by respecting the

rights of the patient/client. 6.3(5) The licensed practical nurse shall conduct nursing practice by respecting the con

fidentiality of the patient/client, unless obligated to disclose under proper authorization or legal compulsion.

6.3(6) The licensed practical nurse shall recognize and understand the legal implications of accountability. Accountability includes but need not be limited to the following:

a. Performing those activities and functions which require the knowledge and skill level currently ascribed to the licensed practical nurse and seeking assistance when activities and functions are beyond the licensee's scope of preparation.

b. Executing the medical regimen prescribed by a physician. In executing the medical regimen as prescribed by the physician, the licensed practical nurse shall exercise prudent judgment in accordance with minimum standards of nursing practice as defined in these rules. If the medical regimen prescribed by the physician (e.g., medication not administered) is not carried out based on the licensed practical nurse's prudent judgment, accountability shall include but need not be limited to the following:

(1) Timely notification to the physician who prescribed the medical regimen that said order(s) had not been executed and reason(s) for same.

(2) Documentation on the patient/client medical record that the physician has been notified and reason(s) for not executing the order(s).

These rules are intended to implement Iowa Code sections 17A.3, 147.53, 152.1, 152.10 and 258A.4.

655-6.4(152) Additional acts which may be performed by registered nurses. 6.4(1) A registered nurse shall be permitted to practice as a diagnostic radiographer while

under the supervision of a licensed practitioner provided that appropriate training standards for use of radiation emitting equipment are met as outlined in the Iowa Administrative Code, Health Department [470), rule 42.1(136C). Any registered nurse found to be using radiation emitting equipment who has not met the appropriate training standards shall be subject to appropriate proceedings being initiated by the board to determine if probable cause exists for license revocation, suspension, or probation as defmed in the Iowa Administrative Code, Nursing Board [655] Chapter 4, "Disciplinary Proceedings."

6.4(2) A registered nurse may be a member of the staff of an ambulance or rescue squad authorized pursuant to Iowa Code chapter 147A.

a. The registered nurse shall document skills training and education equivalent or superior to that required of a certified advanced emergency medical technician or paramedic.

b. Documentation of the following education and skills training shall be reviewed and approved at the local level by the medical director of the ambulance or rescue squad.

(1) For all levels of certification the following shall be required: Current basic cardiac life support (BCLS) certification in accordance with current Ameri-

can Heart Association standards. Military antishock trouser (MAST). Use of basic airway adjuncts including: 1. Oropharyngeal airway.


2. Nasopharyngeal airway. "--" 3. Cannula, mask. 4. Demand valve unit. 5. Bag valve mask. 6. Pocket mask. 7. Initiation and use of portable 02 tanks. Application of traction and cervical immobilization. Complete spinal and extremity immobilization. Use of extrication equipment. Immobilization of impaled object. Voice radio communication. Four advanced life support field responses. Emergency driving. Primary and secondary field assessment. \_,I Overview of statutes and rules governing emergency medical services. (2) For EMT-I, EMT-11 and Paramedic, esophageal intubation shall be required. (3) For EMT-D, EMT-11 and Paramedic, recognition and treatment of ventricular fibrilla-

tion and operation of defibrillator shall be required. (4) For EMT-11 and Paramedic, the following shall be required: Direct laryngoscopy. Endotracheal intubation. Current advanced cardiac life support (ACLS) in accordance with current American Heart

Association standards. c. The documentation may be reviewed by the board of medical examiners, the board of

nursing, or the department of public health. d. Exceptions to this subrule include: ~ (1) The registered nurse who accompanies and is responsible for a transfer patient. (2) The .registered nurse who serves on a basic ambulance or rescue squad service. e. Any registered nurse found to be staffing an authorized ambulance or rescue squad serv

ice who has not met the appropriate educational standards shall be subject to disciplinary proceedings initiated by the board of nursing as defined in the Iowa Administrative Code 655-Chapter 4.

This rule is intended to implement Iowa Code section 147A.12.

655-6.5(152) Additional acts which may be performed by licensed practical nurses. 6.5(1) A licensed practical nurse with additional education and training shall be permitted

in long-term patient/client care settings to supervise under the provisions of Iowa Code section 152.1 (3) ub u.

a. Supervision among other things includes any or all of the following: '..,; (1) Personally observing a function or activity. (2) Delegating functions or activities while retaining accountability. (3) Determining that nursing care being provided is adequate and delivered appropriately. b. Supervision shall be in accordance with the following: (1) A licensed practical nurse shall be permitted to supervise in a residential health care set

ting. (2) A licensed practical nurse working under the supervision of a registered nurse shall be

permitted to supervise in an intermediate and skilled health care facility. c. Additional education and training of a graduate practical nurse/licensed practical nurse

shall be in accordance with the following: (1) A licensed practical nurse who is employed to supervise shall be required to complete a

curriculum which has been approved by the board and designed specifically for the supervi- \_,I sion role of the licensed practical nurse in the long-term patient/client care setting. The course must be presented by a board approved nursing program or an approved provider of continu-ing education.

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(2) Documentation of the completion of the curriculum as outlined in 6.5(1) ,.c,(l) of these rules shall be maintained by the licensed practical nurse.

(3) A licensed practical nurse shall be entitled to supervise as outlined in 6.5(1) "b" of these rules without the educational requirement outlined in 6.5(l)"c" of these rules if the licensed practical nurse is performing in a supervisory role prior to the enactment of these rules. The licensed practical nurse being employed in a supervisory role after the enactment of these rules shall complete the curriculum outlined in 6.5(l)"c"(l) of these rules within six months of employment.

d. A licensed practical nurse under the supervision of a registered nurse may direct the activities of other licensed practical nurses, nurses aides, orderlies, etc. in an acute care setting (primary, secondary, tertiary) in giving care to patients/clients assigned to the licensed practical nurse. The registered nurse must be in the proximate area.

e. A licensed practical nurse found to be performing in a supervisory role not in accordance with these rules shall be subject to appropriate proceedings being initiated by the board to determine if probable cause exists for license revocation, suspension, or probation as defined in the Iowa Administrative Code, Nursing Board [655], Chapter 4, "Disciplinary Proceedings."

6.5(2) A licensed practical nurse shall be permitted to practice as a diagnostic radiographer while under the supervision of a licensed practitioner provided that appropriate training standards for use of radiation emitting equipment are met as outlined in the Iowa Administrative Code, Health Department [470], rule 42.1(136C). A licensed practical nurse found to be using radiation emitting equipment who has not met the appropriate training standards shall be subject to appropriate proceedings being initiated by the board to determine if probable cause exists for license revocation, suspension, or probation as defined in the Iowa Administrative Code, Nursing Board[655], Chapter 4, "Disciplinary Proceedings."

Rules 6.4 and 6.5 are intended to implement Iowa Code chapters 136C and 152.

655-6.6(152) Specific nursing practice for licensed practical nurses. 6.6(1) The licensed practical nurse shall be permitted to provide supportive and restora

tive care in the home setting under the supervision of a registered nurse as defined in subrule 6.2(5) or a physician. When the licensed practical nurse provides care under the supervision of the registered nurse, the initial assessment and ongoing application of the nursing process shall be provided by the registered nurse.

6.6(2) The licensed practical nurse shall be permitted to provide supportive and restorative care in a Head Start program under the supervision of a registered nurse as defined in subrule 6.2(5) or a physician if the licensed practical nurse were in this position during 1985 prior to July 1, 1985.

This rule is intended to implement Iowa Code sections 17A.3, 147.76 and 152.1.


655-6. 7(152) Specific nursing practice for registered nurses. A registered nurse, while cir- \......~ culating in the operating room, shall provide supervision only to persons in the same operat-ing room.

This rule is intended to implement Iowa Code section 152.1. [Filed 3/11/81, Notice 12/10/80-published 4/1181, effective 5/6/81*]

[Filed emergency 12/2/81-published 12/23/81, effective 12/2/81] [Filed 2/17/82, Notice 12/23/81-published 3/17/82, effective 4/21/82**1

[Filed 6/17/82, Notice 5/12/82-pu.blished 717/82, effective 8/11182] [Filed 8/13/82, Notices 3/17/82, 6/9/82-published 9/1/82, effective 10/6/82]

[Filed emergency 7 /29/83-published 8/17/83, effective 7 /29/83] [Filed 10/21/83, Notice 8/17/83-published 1119/83, effective 12/14/83]

[Filed 7/26/84, Notice 5/23/84-published 8/ I 5/84, effective 7 I I /85] t [Filed 1/22/85, Notice 12/5/84-published 2/13/85, effective 3/20/85] ~ [Filed without Notice 7/19/85-published 8/14/85, effective 9/18/85]

[Filed 11127/85, Notice 10/9/85-published 12/18/85, effective 1122/86] [Filed 1/30/87, Notice 12/3/86-published 2/25/87, effective 4/1/87]

[Filed emergency 7 /29/87-published 8/26/87, effective 7 /29/87]

•Effective date of S/6/81 delayed seventy days by the administrative rules review committee. (Published JAB 4/29/81). Effective date of chapter 6 delayed by the administrative rules review committee forty-five days after convening or the next General Assembly pursuant to §17A.8(9). (Published JAB 8/S/81). ••Effective date of 4/21/82 delayed seventy days by the administrative rules review committee (Published JAB 4/28/82). Delay lifted by committee on June 9, 1982. tAmendments to 6.3(3), paragraph "g," "h," and 6.6 effective 7/1/85, JAB 8/IS/84.

~

\.,./

~

lAC 8/26/87 Nursing Board[655] Ch 7, p.l

CHAPTER 7 ADVANCED REGISTERED NURSE PRACTITIONERS

(Prior to 8126181, Nursing Board(S90), Ch 7)

655-7 .1(152) Definitions. Advanced registered nurse practitioner (A.R.N.P.). An advanced registered nurse

practitioner is a nurse with current active licensure as a registered nurse in Iowa who is prepared for advanced nursing practice by virtue of additional knowledge and skills gained through an organized post-basic program of nursing in a specialty area approved by the boar~. The advanced registered nurse practitioner is authorized by rule to practice advanced nursing or physician delegated functions on an interdisciplinary health team.

Basic nursing education. Basic nursing education as used in this chapter is a nursing program that prepares a person for initial licensure to practice nursing as a registered nurse.

Board. Board as used in this chapter means Iowa Board of Nursing. Certified family nurse practitioner. Certified family nurse practitioner is an advanced

registered nurse practitioner educated in the disciplines of nursing and family health who possesses evidence of certification by the American Nurses' Association or a successor agency as approved by the board. The certified family nurse practitioner is authorized by rule to practice advanced nursing assessment, intervention and management of physical and psychosocial health along the wellness-illness continuum of the individual/family from birth to death. The certified family nurse practitioner may practice in a variety of settings and when appropriate, provide for consultation, collaboration, or referral to physicians or other disciplines.

Certified nurse-midwife. Certified nurse-midwife is an advanced registered nurse practitioner educated in the disciplines of nursing and midwifery who possesses evidence of certification by the American College of Nurse-Midwives or a successor agency as approved by the board. The certified nurse-midwife is authorized by rule to manage the care of essentially normal newborns and women, antepartally, intrapartally, postpartally or gynecologically, occurring within a health care system which provides for medical consultation, collaborative management, or referral.

Certified obstetric-gynecologic nurse practitioner. The certified obstetric-gynecologic nurse practitioner is an advanced registered nurse practitioner educated in the disciplines of nursing and reproductive health care of women who possesses evidence of certification by the Nurses' Assocation of the American College of Obstetricians and Gynecologists Certification Corporation or a successor agency as approved by the board.

The certified obstetric-gynecologic nurse practitioner is authorized by rule to practice advanced nursing in the promotion of wellness and prevention of illness in the reproductive health care of women. In concert with the physician, care includes: management of the prenatal patient with delivery by the physician; family planning services; and routine gynecologic care throughout the life span.

The certified obstetric-gynecologic nurse practitioner may practice in a variety of settings that provide for medical consultation, collaborative management, and referral.

Certified pediatric nurse practitioner. Certified pediatric nurse practitioner is an advanced registered nurse practitioner educated in the disciplines of nursing and pediatrics who possesses evidence of certification by the American Nurses' Association (A.N.A.) or the National Board of Pediatric Nurse Practitioners and Associates or a successor agency as approved by the board. The certified pediatric nurse practitioner is authorized by rule to_ practice advanced nursing assessment, intervention and management of the physical and psychosocial health status of children and their families along the wellness-illness continuum in a variety of settings which provide for consultation, collaborative management, or referral to pediatricians, physicians or other disciplines.

Certified psychiatric-mental health nurse practitioner. Certified psychiatric-mental health nurse practitioner is an advanced registered nurse practitioner prepared at the Master's level who possesses evidence of certification by the Division of Psychiatric Mental Health Nursing of the American Nurses' Association or a successor agency as approved by the board.


Certified registered nurse anesthetist. Certified registered nurse anesthetist is an advanced registered nurse practitioner educated in the disciplines of nursing and anesthesia who possesses evidence of certification by the Council on Certification of Nurse Anesthetists or Recertification of Nurse Anesthetists or a successor agency as approved by the board.

Certified school nurse practitioner. The certified school nurse practitioner is an advanced registered nurse practitioner educated in the disciplines of nursing and school health who possesses evidence of certification by the American Nurses' Association, or a successor agency as approved by the board.

The certified school nurse practitioner is authorized by rule to practice advanced nursing assessment, intervention and management of the physical and psychosocial health status of students. In providing care, the certified school nurse practitioner may collaborate with the student's family, educators, or health professionals.

Fees. Fees means those fees collected which are based upon the cost of sustaining the board. The fees set by the board are as follows:

1. For a license or renewal to practice as an advanced registered nurse practitioner, $12 per year or any period thereof.

2. For a duplicate license/original certificate to practice as an advanced registered nurse practitioner, $15.

3. For advanced registered nurse practitioner late renewal, $10 plus the renewal fee as specified in paragraph I of this subrule.

4. For advanced registered nurse practitioner delinquent license fee, $50 plus all renewal fees to date due.

S. For a check returned for any reason, $10.

655-7 .2(152) General requirements for the advanced registered nurse practitioner. 7 .2(1) Specialty areas of nursing practice for the advanced registered nurse practitioner.

The board derives its authority to define the educational and clinical experience that is necessary to practice at an advanced registered nurse practitioner level under the provisions of Iowa Code section 152.1, subsection (2), paragraph "d". The specialty areas of nursing practice for the advanced registered nurse practitioner which shall be considered as legally authorized by the board are as follows:

a. Nurse anesthetist. b. Nurse-midwife. c. Pediatric nurse practitioner. d. Family nurse practitioner. e. School nurse practitioner. f. Obstetric-gynecologic nurse practitioner. g. Psychiatric-mental health nurse practitioner. 7.2(2) Titles and abbreviations. A registered nurse who has completed all reqUirements to

practice as an advanced registered nurse practitioner and who is registered with the board to practice shall use the title advanced registered nurse practitioner (A.R.N.P.). Utilization of the title which denotes the specialty area is at the discretion of the advanced registered nurse practitioner.

a. No person shall practice or advertise as or use the title of advanced registered nurse practitioner for any of the defined specialty areas unless the name, title and specialty area appears on the official record of the board and on the current license.

b. No person shall use the abbreviation A.R.N.P. for any of the defined specialty areas or any other words, letters, signs or figures to indicate that the person is an advanced registered nurse practitioner unless the name, title and specialty area appears on the official record of the board and on the current license.

c. Any person found to be practicing under the title of advanced registered nurse practitioner or using the abbreviation A.R.N.P. without being registered as defined in this subrule shall be subject to disciplinary action.

7.2(3) General education and clinical requirements.


a. The general educational and clinical requirements necessary for recognition by the board as a specialty area of nursing practice are as follows:

(1) Graduation from a program leading to a master's degree in a nursing clinical specialty area with preparation in specialized practitioner skills as approved by the board; or

(2) Satisfactory completion of an organized postbasic program of study and appropriate clinical experience as approved by the board.

b. Additional requirements. Nothing in this rule shall be construed to mean that additional general educational or clinical requirements cannot be defined in a specialty area.

7.2(4) Application process. A registered nurse who wishes to practice as an advanced registered nurse practitioner shall submit the following to the office of the board:

a. An advanced registered nurse practitioner application form which may be obtained from the office of the board.

b. A registration fee as established by the board. c. An official copy of all credentials necessary to document that all requirements have been

met in one of the specialty areas of nursing practice as listed in subrule 7.2(1). A registered nurse may make application to practice in more than one specialty area of nursing practice.

7 .2(5) Initial registration. The executive director or a designee shall have the authonty to determine if all requirements have been met for registration as an advanced registered nurse practitioner. If it has been determined that all requirements have been met:

a. Official licensure records of the registered nurse shall denote registration as an advanced registered nurse practitioner as well as the specialty area(s) of nursing practice.

b. The registered nurse shall be issued, whichever applicable, one of the following: (1) Temporary registration card when the nurse presents evidence of eligibility for the next

certification examination. The temporary registration is valid until the results of the first examination are received. The expiration date of the temporary registration card shall be determined by the executive director or designee based upon the examination requirements.

(2) A license and a certificate to practice as an advanced registered nurse practitioner which clearly denotes the name, title, specialty area(s) of nursing practice and expiration date of registration. The expiration date shall be based on the same period of license to practice as a registered nurse.

7 .2(6) Denial of registration. If it has been determined that all requirements have not been met, the registered nurse shall be notified in writing of the reason(s) for the decision. The applicant shall have the right of appeal to the Iowa Board of Nursing within 30 days of denial of the executive director or designee.

7 .2(7) Application process for renewal of registration. Renewal of registration for the advanced registered nurse practitioner shall be for the same period of license to practice as a registered nurse. The executive director or a designee shall have the authority to determine if all requirements have been met for renewal as an advanced registered nurse practitioner. A registered nurse who wishes to continue practice as an advanced registered nurse practitioner shall submit the following at least 30 days prior to the license expiration to the office of the Iowa Board of Nursing:

a. Completed renewal application form. b. Renewal fee as outlined in rule 7.1(152). 7.2(8) Continuing education requirements. Continuing education shall be met as required

for certification by the relevant national certification board, agency, etc. 7 .2(9) Denial of renewal registration. If it has been determined that all requirements have

not been met, the applicant shall be notified in writing of the reason(s) for the decision. Failure to obtain the renewal will result in termination of registration and of the right to practice in the advanced registered nurse practitioner specialty area(s). The applicant shall have the right of appeal to the Iowa Board of Nursing within 30 days of denial of the executive director or designee.

Ch 7, p.4 Nursing Board[655) lAC 8/26/87

7 .2(10) License to practice as an advanced registered nurse practitioner revoked, sus- \..,.,/ pended, etc. The board may restrict, suspend or revoke a license to practice as an advanced registered nurse practitioner on any of the grounds stated in Iowa Code sections 147.55, 152.10 or chapter 258A. In addition:

a. The board may refer a complaint against an advanced registered nurse practitioner to a peer review committee for investigation and review in accordance with Iowa Code section 258A.6(2).

b. The peer review committee shall be comprised of three advanced registered nurse practitioners in the same specialty area of nursing practice.

c. The board may appoint a physician from a related area of medical specialty to serve as a consultant to the peer review committee.

These rules implement Iowa Code sections 17A.3, 147.10, 147.53, 147.76 and 152.1. [Filed 2/11/83, Notice 9/1/82-published 3/2/83, effective 4/6/83] l

1 [Filed emergency 3/25/83-published 4/13/83, effective 4/6/83] ~

[Filed 5/18/83, Notice 4/13/83-published 6/8/83, effective 7/13/83] [Filed emergency 5/31/83-published 6/22/83, effective 7 /13/83]

[Filed 7/29/83, Notice 5/11/83-published 8/17/83, effective 9/21/83] [Filed 4/20/84, Notice 2/29/84-published 5/9/84, effective 6/13/84] [Filed 7/26/84, Notice 6/20/84-published 8/15/84, effective 9/19/84]

[Filed 10/17/84, Notice 8/29/84-published 11/7/84, effective 12/12/84] [Filed 12/8/86, Notice 10/22/86-published 12/31/86, effective 2/4/87)

[Filed emergency 7/29/87 -published 8/26/87, effective 7 /29/87]

lAC 8/26/87

BARBERS Address

Change 645-20.212(9)

Index

Department 645-20.105, 20.106, 20.201 Advertising 645-20.212(1,8) Assistants 645- 20.214(11,12), 22.1, 22.2 Competence 645-20.102(1), 20.212(3,6) Complaints 481-5.4; 645-20.201, 20.203, 20.213(3) Conduct 645-20.212, 20.300 Confidentiality 645-20.212(8)b, 20.213(3) Continuing education

Approval 645-20.102- 20.104 Definitions 645-20.100 Inactive practitioners 645-20.108, 20.109 Reports 645-20.105, 20.106, 20.202, 20.212(10) Requirements 645-20.101, 20.102, 20.107, 20.109 Teachers 645-20.102(3) Waivers 645-20.107, 20.109

Disciplinary proceedings 645-20.204- 20.213 Equipment 645-21.7-21.9, 21.11-21.13 Examiners board

Appeals 645-20.209, 20.210 Attorney general 645-20.203 Hearings 481-ch 5; 645-20.203-20.210 Investigations 481-ch 5; 645-20.203, 20.206 Licenses, see Licenses below Malpractice 645-20.202, 20.203, 20.212(11) Meetings 645-20.300 Peer review committee 645-20.213 Schools 645-20.1 - 20.8 Subpoenas 645-20.208, 20.212(12)

Intermediate care facilities 481-61.6 Licenses

Apprenticeships 645-20.9 Assistants 645-20.214(11,12) Denial 645-20.205 Display 645-21.2 Fees 645-20.214 Reciprocity 645-20.214(2) Reinstatement 645-20.109, 20.110 Renewal 645-20.105, 20.212(10), 20.214(3,5,7,9,12), 21.2 Schools 645-20.3, 20.214(4-7 ,10) Shops 645-20.214(8,10) Suspension/revocation 645-20.212 Teachers 645-20.2(1), 20.4(2), 20.214(6,7)

Malpractice 645-20.202, 20.203, 20.212(11) Peer review committee 645-20.213 Pets 645-21.15 Pollution emergency 567-26.4 Table V "3"h Probation 645-20.212

5

BARB

BARB Index

BARBERS (cont'd)

Reports 645-20.105, 20.106, 20.212(9,10,13) Residential care facilities 481-60.8 Sanitation 645-21.3- 21.15 Schools 645-20.1- 20.8, ch 21; 670-25.8 Shops

Beauty shop combination 645-21.5 Display,license/rules 645-21.1, 21.2 Equipment, see Equipment above In-home · 645-21.4 Inspections 481-5.3 Plumbing 645-21.3, 21.6 Sanitation 645-21.3- 21.15 Supervision 645-21.16

Subpoenas 645-20.208, 20.212(12) Taxation 701-18.31, 26.9 Teachers 645-20.2, 20.4(2), 20.102(3), 20.214(6,7) Waivers 645-20.107, 20.109

. lAC 8/26/87

lAC 8/26/87 Index

DAIRIES Animals, feed, drug residues 30-6.18(2) Brucellosis tests 30-16.4 7- 16.58 Caseinate use 30-25.11 Dairy industry commission 310-ch 1 Equipment sales 30-25.2, 25.5, 25.10 Excise taxes 310-1.1, 1.2 Feeding operations

Fuel exemption 701-64.14 Tables III, IV Permits 567-65.3

Fuel set-aside priorities 565-3.13(2)c Industries, pollution standards 567-62.4(5) Inspection, cities 470-13.1 Milk/dairy products

Additives 30-25.11, 30.9 Control 30-1.1(3)a(2), 1.1(3)b(10) Distributors, fees 30-25.8 Excise tax 310-1.1, 1.2 Facilities, equipment 30-25.5, 30.6, 30.8, 30.20, ch 31; Grading 30-30.10, 30.11, 30.13 Ice cream containers 30-33.7 Inspections 30-30.12; 641-13.1, 30.26(4,5) Prices 30-25.3, 25.9, 30.18 Producers, new 30-30.14 Retail outlets 30-25.3, 25.4, 25.7 Sales

Definitions 30-25.4 Equipment 30-25.2, 25.5 Gifts prohibited 30-25.6 Institutions 30-25.1 Loans to retailers 30-25.10 Permits 30-25.8 Prices 30-25.3, 25.9 Promotions 30-25.6, 25.7; 310-1.1

Sanitation requirements 30-30.6, 30.8, 30.26, ch 31, 33. 7; Standards 30-30.10, 34.5; 567-62.4(4); 641-13.1 Tests

Abnormal 30-30.13(3), 30.26 Babcock/Gerber 30-30.1, 30.3 Bottles 30-30.2 Class III rating 30-30.16, 30.17 Cream 30-30.4 Fees 30-30.12 Laboratories 30-30.12 License examination 30-30.5 Mastitis 30-30.26 Producer transfer 30-30.16 Purchaser requirements 30-30.16, 30.26 Samples 30-30.1

Transportation 30-30.7; 761-400.47 Tax exemptions 701-17.9, 64.14 Tables III, IV Trade practices 30-ch 25 Unlawful acts 30-25.5(4), 25.6, 25.10

1

DAIR

701-17.9

641-ch 13

DAMS

DAMS See also FLOOD CONTROL Construction/ operation

Index

Abandonment, removal 567-73.10, 73.11, 74.6 Approval 567-71.3, 72.3(2)c Bonds 567-74.7 Hearings 567-74.4 Movable structures 567-73.1 Permits 567-52.20, 74.1- 74.5

Defined 567-70.2 Hazards 567-72.3(2), 73.30- 73.32 Inspections 567-73.20- 73.26, 73.30- 73.32, 74.5 Milldams/races 567-ch 74 Ownership change 567-74.4(3) Water levels 567-73.2

DAY CARE Abuse 441-109.4(7), 109.9(4,5). 110.5(12), 110.9(3) Adult 441-ch 171 Attorney general, assistance 61-1.3( 1 )m Children

Definitions 441-110.1, 170.1 Eligibility, clients 441-170.2 Family/group homes

Generally 441-ch 110 Abuse identification/reporting 441-110.5(12), 110.9(3) Activities 441-110.5(3) Discipline 441-110.5(6) Disclosures, information 441-110.8 Hearings/appeals 481-1.5 Illnesses 441-110.9 Records 441-110.5(8) Registration 441-110.2- 110.4, 110.5(4), 110.6, 110.7 Standards 441-110.5

Fees 441-130.4(3) Fire standards 680-5.500 - 5.502 Funds 441-ch 153.5(3,6), 153.6(2) Grants program 261-ch 20 Income guidelines 441-130.3(1)d Licensing

Facilities 441-109.5, 109.6 Health/safety requirements 441-109.3, 109.6(5,6) Issuance/application 441-109.9 Personnel 441-109.1, 109.2, 109.4 Programs/plans 441-109.1, 109.7. 109.8 Records 441-109.2 Revocation 441-109.9(5)

Protective care 441-153.1 Purchase agreements 441-ch 170

DEAD ANIMALS See ANIMALS

2

lAC 8/26/87

lAC 8/26/87 Index

DEAF See also AUDIOLOGY Hearing aid, medical assistance 441-78.14 School, state

Generally 720-ch 16 Address 720-16.1(4) Declaratory rulings 720-16.3 Forms 720-16.6 Hearings 720-16.5 Organization 720-11.1(7,8), 16.1 Procurement 720-16.7 Rule making 720-16.2, 16.4 Transportation 720-16 .8

Special education Audiologists 281-73.3"1,2", 73.3(7) Clinicians 281-73.3"1", 73.3(9); 670-15.17 Definitions 670-12.3(4)d Support personnel 670-12.25(3)!, 12.26(4)a Teachers 281-73.2(6); 670-12.26(3)d,J,s, 16.25 Vocational rehabilitation, interpreter services 423-10.2

DEAF SERVICES DIVISION Affirmative action 429-ch 5 Commission 429-1.3 Committees 429-1.3(5) Declaratory rulings 429-ch 6 Employment policies 429-1.3(5)a, ch 5 Grants 429-1.3(5,6) Hearings 429-ch 9 Human rights department 429-1.1, 5.1, chs 6- 9 Organization 429-ch 1 Records

Confidential 429-3.1(2-4) Contested cases 429-9.4 Employee 429-5.2(5) Public 429-1.3(5), 3.1(1), 4.1(5,6)

Rule making 429-chs 7, 8 Services

Generally 429-chs 1, 2 Census registry 429-2.3(13) Confidentiality 429-2.3(13), ch 3, 4.1(1,3,11) Consultants 429-1.2(3)a, 2.3(5) Forms 429-ch 4 Interpreters/sign language 429-1.2, 1.3, 2.3(1-3,11), 3.1(4), 4.1(1,11) Library 429-2.3(7), 4.1(9,10) Telecommunication Device for Deaf (TDD) 429-1.2, 2.3(12,13), 4.1(12,13) Telephone Pioneers of America (TPA) 429-2.3(12), 4.1(12)

3

DEAF

DEAT

DEATH ADC payments 441-45.5 Ancient remains 70-6.2(2), ch 11 Autopsies

Index

Certificates, death 641-101.1, 102.1(2) Hospital facilities 470-51.7(22) Sudden infant death 566-ch 1

Bodies Embalming facilities 641-86.1 Preparation 470-146.1 Scientific use 470-146.1(8), 146.3(6-8)

lAC 8/26/87

Transporting 470-146.4(3), 146.5 1~ Unclaimed 470-146.3 Unidentified 641-101.6(1)b, 127.1(7)

Burial Benefits 441-ch 56 Graves 470-146.1(12), 146.5(11) Transit permit 470-146.5(2); 641-101.4, 101.6(2,3), 101.8

Certificates 470-51.5(2)b; 481-57.16(1)s, 58.15(2)j, 59.19(2), 63.17(1)s; 641-96.1, 98.6, 99.12, 101.1(2,3}, 101.2, 101.3, 101.8, 102.1(2}, 104.2, 127.2

Communicable diseases 470-146.1(1-6,8), 146.2(2), 146.5(3,4,7) Cremation 470-146.3(2}, 146.5(10); 641-127.3 Crime victims 641-127.1(1,7}; 680-ch 17 ~Disinterment 470-146.4(1), 146.5(4); 641-101.4(2), 101.7 Embalming, see EMBALMERS Estate tax 701-ch 87 Fetus 641-101.5, 101.6, 102.1(2) Fire, investigations 680-5.6 Foster care facilities 441-114.21 Funerals, see FUNERALS: Directors Health care facilities, see HEALTH CARE FACILITIES: Residents Hospital recordsj.reports 470-51.5(2)b, 51.6(1); 641-101.3 Inheritance tax 701-ch 86 Maternal 641-5.1 Medical examiners duties 470-146.3; 641-99.12(2), 101.1, 101.2, 101.5, 101.6,

102.1(2}: ch l27, \..) Morgue 470-51.7(22} Motor vehicles, title transfer 761-400.12, 400.14(4,5) Peace officers, benefits 690-1.120 State employees

Deferred compensation 581-15.6(8}a,b Family member, leave 340-10.3; 581-14.3(11) Vacation pay 340-10.1(2}e

Supplementary assistance payments, state 441-54.5(5) Taxes

Estate 701-ch 87 Extensions/penalties 701-39.2(2,3), 63.9 Inheritance 701-ch 86

Unemployment compensation 345-5.14

4

lAC 8/26/87

DEBTS Agriculture 61-ch 17 Bankruptcy, see BANKRUPTCY Management companies 187-2.9 Uncollectible, tax credit 701-15.4

Index

Utility bills 199-19.4(16), 20.4(16), 22.4(5)h

DECLARATORY RULINGS See various state agencies subhead Declaratory Rulings

DEER Generally 571-ch 106

DEFERRED COMPENSATION PROGRAM State employee 420-ch 5; 581-15.6

DENTISTS AND DENTISTRY Address

Change 820-6.3 Department 320-5.5, 6.1, 11.1, 11.4, 25.6, 25.7

Advertising 820-20.5, 21.3, ch 26, 30.4"8,25- 27" Assistants 820-ch 22

DENT

Care facilities 441-82.2(20); 581-57.20, 58.15(2)/,l, 58.23(1), 59.19(2)/,l, 59.28(1), 63.16, 64.20

Complaints 820-30.3"4,5", ch 31 Conduct 320-10.4, 30.4 Continuing education 820-6.4, ch 25 Definitions 191-40.1; 820-ch 1, 25.1 Drugs

Anesthesia/parenteral sedation/nitrous oxide 320-ch 29 Controlled substances 620-8.16, 9.1(3)d, ch 16 Hospitals 470-51.25(2)k Indiscriminate use 820-30.4"5,18" Prescriptions 820-ch 16 Registration 620-8.2-8.9 Reports 820-29.8

Employees 820-10.4, ch 20, 21.2 Examinations, see Licenses below Examiners board

Contested cases 820-51.9 Declaratory rulings 820-7.3 Discipline 820-14.3, ch 30 Forms 820-6.4, 22. 7(2), 25.9 Hearings 820-14.3, 25.6, ch 51

5

DENT

DENTISTS AND DENTISTRY(cont'd) Examiners board(cont'd)

Meetings 820-1.4, 5.2, 6.1 Organization 820-ch 5 Peer review 820-31.2-31.5 Records 820-6.1, 6.2 Rule making 820-6.4"22", ch 7

Index

Family and community health division 641-170.4(4) Felonies 820-11.7

lAC 8/26/87

Health maintenance organizations 191-ch 40, see also HEALTH MAINTENANCE ORGANIZATIONS (HMO)

Hearings 820-14.3, 25.5, ch 51 Hygienists

Continuing education 820-14.1(3), ch 25 Ethics 820-10.4, 30.4 Examination 820-11.4, 12.2, 12.3 Felonies 820-11.7 Licenses 820-6.4"3,4,11", 10.1, 10.2, 11.4, 11.5, 14.4 Permits 820-13.2 Supervision 320-10.3 Waivers 820-25.8

Inactive practitioners 820-1.7, 6.2(8), 6.4"20,21", 15.2(1), 25.8, 25.9 Information, public 820-6.1, 6.2 Insurance, health 191-chs 36- 38, 40 Laboratory technicians 320-20.1, ch 21, 30.4"20" Licenses

Generally 820-ch 10 Application 820-6.4, ch 11, 13.1(1-6), 14.4 Continuing education 820-14.1(3) Display 320-10.2, 30.4"21" Drug prescriptions 820-ch 16 Duplicate/additional 820-10.2 Examinations 820-6.2, 11.1, 11.2, 11.3(2)b,c, 11.4, ch 12, 13.1(5), 14.4(3),

25.10(2)c Fees 820-11.2(2)e, 11.3(2)j, 11.5(2), 13.1(3), 13.2(4), 14.4(2), ch 15 Fraud 820-30.4 Reciprocity 820-11.2(2)c, 11.3 Reinstatement 820-6.4"21", 14.4, 25.9 Renewal 820-6.4"10", 13.1(4), ch 14, 15.2, 30.2"3", 51.2, 51.9 Revocation/suspension 820-13.1(6), 30.2"1-3", 51.2, 51.9

Malpractice 820-11.3(2)h, 30.4"8,24", 31.6 Medical assistance 191-36.7(11)d(9); 441-78.3(11), 78.4, 80.2(2)e Peer review 820-1.8, 1.9, 31.2, 31.4 Permits 185-5.2, 5.3(4), 5.4; 320-6.4"6,7", 13.2, ch 29 Radiography 320-ch 22 Specialty requirements 820-ch 28 Taxation

Prescription exemption 701-20.7(2)e Sales 701-16.40, 16.41, 18.22

University Admission 720-2.4 Faculty 820-13.2

X-raymachines 820-ch 22; 470-38.13(1)b, 41.1(7), ch 42, seealsoXRAYS

6

lAC 8/26/87

DETECTIVES, PRIVATE Licensing, generally 680-ch 2 Missing person information 680-ch 19 Sales/use tax 701-26.69

DIETITIANS Confidentiality 470-162.212(6) Continuing education

Generally 470-162.100

Index

Activities, approval 470-162.101- 162.103 Hearings 470-162.103 Records/reports 470-162.104, 162.105 Waivers 470-162.105, 162.106(2,3)

Definitions 470-162.1 Diabetes education programs 641-ch 9 Ethics 470-162.211 Examiners board

Address 470-162.2(2) Appeals 470-162.208, 162.209 Complaints 470-162.200, 162.202 Declaratory rulings 470-162.3(5) Forms 470-162.2, 162.5(1,2), 162.102(2), 162.104, 162.106(1) Hearings 470-162.103, 162.202- 162.207; 481-ch 5 Meetings 470-162.2, 162.3 Organization 470-162.3 Peer review committee 470-162.202 Rule making 470-162.3(4)

Information, public 470-162.2 Licensure

Application 470-162.4, 162.5, 162.106(1) Denial 470-162.204 Duplicates 470-162.8(6) Eligibility 470-162.4 Examinations 470-162.4, 162.6, 162.106(2,3) Fees 470-162.5(3,4), 162.7, 162.8, 162.106 Foreign education 470-162.4(1)a Reinstatement 470-162.7(3,4), 162.8(4), 162.106 Renewal 470-162.7, 162.8(2,3), 162.100(1,2,6), 162.106(3) Suspension/revocation/probation 4 70-162.211 Waivers 470-162.4(2,4), 162.105, 162.106(2,3)

Malpractice 470-162.201, 162.202 Standards 470-162.212 Violations 470-162.211 Waivers 470-162.4(2), 162.105, 162.106(2,3)

6a

DIET

lAC 8/26/87 Index

HALF-WAY HOUSES (WORK RELEASE) See also SUBSTANCE ABUSE Admissions 291-44.1(3) Discharge 291-44.7 Fire standards 680-5.607- 5.613 Policies/records 291-44.1, 44.5 Salaries, resident 291-44.4 Services 291-44.2 Substance abuse programs

See also SUBSTANCE ABUSE \_,./ Defined 805-3.1

License 805-3.2 Standards 805-3.24(14), 3.25

Violations 291-44.6

HANDGUNS See FIREARMS

HANDICAPPED See also DISABLED; HEALTH CARE FACILITIES Architectural barriers 680-16.700- 16.706 Area schools

Access 670-5.9(7) Building specifications 670-5.8 Educational programs 670-5.4(4) Parking 670-5.9(5)

Artists, programs 100-2.3(12) Blind persons, see BLIND Camping fees 571-61.3(1), 61.4(1)c(2,4) Children

Day care centers 441-170.1, 170.2 Education, see Education below Foster care 441-202.3(1) Hospitalization 720-6.6, 12.1(3)

Congregate meals 321-7.3(4)b, 7.3(18)d Deaf, see DEAF Discrimination

Credit 240-ch 4 Employment 240-ch 6 Insurance 191-15.80- 15.82 Medical/remedial care 441-79.5 Public accommodations 240-ch 7

Driver license 761-600.7

1

HAND

HAND

HANDICAPPED(cont'd)

Education College, see A rea Schools above Hospital schools 720-12.1(3) Special

Generally 670-3.5(8), ch 12

Index

Teachers/personnel 281-73.2(5-10); 670-15.16, 15.44, 15.45 Employment

Benefits 345-4.22(1) Placement 345- 4.24(16), 7.4(7) Testing 340-4. 7; 581-5.5(2); 720-3.52(4) Training, unemployed 845-4.39(2) Youth corps 261-14.2

Hospital construction, see HOSPITALS Hospital schools 720-12.1(3) Housing, taxation 701-80.4 Hunting 571-92.3(5) Land/water conservation fund projects 5 71-27. 6( 3 )c Parking

Identification devices 7 61-c h 411 State offices 450-10.1(8), 10.3(1)

Registration plates 761-400.41 Residential services 441-ch 207 Sheltered work services 441-172.1 Signature, physicians, rubber stamp 470-135.204(3)d Taxes 701-39.1(4) Transportation

Eligibility 441-174.3 School buses 670-23.4, 23.5

IAC 8/26/87

Utilities, disconnection 199-19.4(15)h(5), 19.4(15)i, 20.4(15)h(6), 20.4(15)i(3) Vocational education 670-ch 35 Weatherization assistance program 427-ch 5

HATCH ACT State employees 581-16.2

HEALTH BOARDS Disease notification 30-16.3, 16.17 District 641-ch 78 Employees 641-77.2(1)c,d, 78.1(5), 79.4(4) Local 641-ch 77 Members 641-77.1(2)b, 77.2(1)a,e, 77.3, 78.3(3,7), 78.4(2,4), 78.5(2,4) Officers 641-77.1, 77.2(1)b State 641-78.4(2,3), 78.5(3), 170.2, 170.3

2

lAC 8/26/87 Index HEAL

HEALTH CARE FACILITIES See also CARE FA C/L/TIES; HOSPITALS Activities/recreation 100-2.3(13), 3.6; 441-81.1(1), 81.13(19), 82.2(12)d- f;

481-57.17(5), 57.23, 57.30(3), 57.33(2), 57.43(8), 57.44, 58.16(5), 58.19(1), 58.26, 58.35(3), 58.36(5), 58.47(8), 58.48, 59.13(1)/, 59.20(5), 59.24(14), 59.31, 59.40(3), 59.41(5), 59.52(8), 59.53, 60.3(5), 60.7, 60.12(8), 61.1(5), 61.5, 63.12(5), 63.21, 63.41(8), 63.42, 64.1(21), 64.14(4), 64.32(7)w, 64.34, 64.53(8), 64.54

Administrators Appointment 481-57.9(1,4,5), 58.8(1,4,5), 59.8(2), 59.10(1,4,5), 63.8(1,4,5),

64.9(6,8) Assistant 481-58.8(6), 59.10(6), 64.9(4) Care review committee, see Committees below Change 481-57 .6(5), 58.5(5), 59.5(5), 63.5(5), 64.5(5) Defined 441-81.1(2); 481-57.1(2), 58.1(2), 59.1(2), 63.1(2), 64.1(1) Duties 441-81.5, 81.13(7)h, 82.2(2); 481-57.6, 57.9(2), 57.10, 57.11(9),

57.19(1)6(11), 57.25, 57.35(8), 58.5, 58.8, 58.9(2), 58.25(1), 58.28(2), 58.39(9)b, 59.5, 59.10(2), 59.11(2), 59.33(2), 59.44(8), 63.5, 63.8(5- 7), 63.9(9), 63.18(1)b(11), 63.20, 63.23(2), 63.33(8), 64.5, 64.9(6,9), 64.12, 64.45(8)

Examiners board 481-58.8(4), 59.10(1,4) Guardianship, see Residents below Hours, duty 481-57.9(2), 58.8(2,7), 59.10(2,7), 63.8(2,3), 64.9(3,5) Liabilities 481-57.13(1)k, 58.12(1)k, 59.14(1)k, 63.13(1)k Licensee 481-57.9, 57.10, 58.8, 58.9, 59.10, 59.11, 63.8, 64.9 Nursing supervision 481-58.11(2) Pharmaceutical services committee 481-59.25(2) Qualifications 441-82.2(9); 481-57.4, 57.9(1,3,5), 57.11(9), 57.12,

58.8(1,3,5), 58.11, 59.10(1,3,5), 59.13(1), 63.8(1,3,5), 63.9(9), 63.11, 64.9, 64.12(8), 64.13(13,14)

Substitute, provisional 481-57.9(4,5), 58.8(4,5), 59.10(4,5), 63.8(4,5), 64.9(6,8) Admission 441-81.5(2), 81.13(3), 82.2(5), 82.6; 481-57.6(1), 57.13,

57.15(2,7), 57.16(1), 57.35(2), 58.1(19), 58.5(1), 58.12, 58.14(2,7), 58.15, 58.39(2), 59.5(1), 59.14(1), 59.16(2)c, 59.17, 59.19(1,2), 59.22, 59.44(2,3,8), 63.5(1), 63.13(1), 63.15(2,7), 63.17, 63.33(2), 64.5(1), 64.16(1- 7), 64.21(4), 64.26(6), 64.27(4), 64.33(2,4), 64.45(2,7) see also Contracts below

Air conditioning 481-57.27(7), 58.32(7), 59.37(7), 63.25(7), 64.41(5)/, see also Design/ Building Requirements below

Alarms 481-60.19(6)e, 61.15(5)d, 61.16(5)k, 61.17(1)/, 61.17(6)e, 64.43(16), see also Nurses: Call System below

Alcoholics 481-57.1(3), 57.12(1), 58.1(3), 58.11(1), 59.1(3), 59.13(1), 63.11(1), 64.13(13,14)

Animals/birds 481-57.21(4)p, 57.32, 58.24(7)p, 58.37, 59.29(7)p, 59.42, 63.19(4)p, 63.30, 64.32(7)p, 64.42

Annual report 481-204.1(2), 204.2 Architects 481-60.3(9), 61.1(11), 61.16(1); 641-201.3(1)d, 201.5(3)e, 201.21(3) Audiology 441-81.13(8), 82.1(1), 82.2(30); 481-58.22(2), 59.27(9), 64.1(20)g,

64.1(21)g, 64.30 Audits 481-64.12(6) Barber/beauty shops 481-60.8, 61.6 Basements/cellars 481-57.1(5), 58.1(5), 59.1(5), 60.4(1,2), 61.2(7,8), 61.14(23),

63.1(5)

3

HEAL Index lAC 8/26/87

HEALTH CARE FACILITIES(cont'd) '1...-J

Bedrooms, see Design/Building Requirements below Beds

Certificate of need 641-chs 202, 203 Linens/blankets 441-81.13(10)b; 481-57.17(1), 57.26(8), 57.30(4), 57.34,

58.16(1), 58.31(8), 58.35(4), 58.38(1,3), 59.20(1), 59.36(8), 59.40(4), 59.43(1,3), 63.12(1), 63.24(8), 63.28(4), 63.32(1), 64.38(2), 64.40, 64.41(4)

Locations 481-57.30(4)g,i,j, 58.35(4)g,i,j, 59.40(4)g,i,j, 60.6(2)n,o, 61.4(2)d,e, 63.28(4)g,i,j

Number 441-81.13(10)a(1); 481-57.9(2)c, 57.13(1)b- d,. 58.4(5), 58.8(2)c, 58.12(1), 59.4(5), 59.10(2), 59.14(1), 60.6(2)b,n, 60.9(2), 61.7(2), \

1 63.8(2), 63.13(1)b- d, chs 201, 202, 203.5 ...,

Retention 481-57.14(7), 58.13(7), 59.15(7), 63.14(7), 64.17(7) Specifications 441-82.2(17)b; 481-57.30(4), 58.35(4), 59.40(4), 63.28(4),

64.38(2)a, 64.43(19) Blind 481-64.24, 64.25(6), 64.43 Capital expenditures 641-chs 201, 202 Care review committee, see Committees below Certificates of need, generally 641-chs 202, 203 Certification/provider agreement 441-82.3 Charges, see Fees, Residents below Chief executive officer 481-64.1(4), 64.12(8,9), 64.13(7) Children 481-57.13(1)j, 57.31, 58.12(1)j, 58.36(1), 59.14(1)j, 59.41(1),

63.13(1)j, 63.29(1), 64.15(3,4) \..I Closing 441-81.12, 82.16; 470-57.6(4), 58.5(4), 58.15(5), 59.5(4), 59.19(5),

63.5(4), 63.17(3), 64.5(4), 64.21(15), see also Sale/Lease below Committees

Care review 481-57.24, 58.27, 59.32, 63.22, 64.35 Construction review 481-58.4(5); 641-ch 201 Human rights 481-64.12(11), 64.14(15) Standards committee procedures 641-ch 200

'Standing 441-82.2(2)j; 481-64.12(11) Utilization review 481-59.9, 59.24(4), 64.19(2)

Communication system 481-60.19(5), 61.4(2)h, 61.17(5), 64.10 Construction, see Design/ Building Requirements below Consultants 441-81.13(8), 82.2(11) Contracts 441-54.1, 81.4, 82.3; 481-57.14, 57.24(2), 57.35(7), 58.13, \..,I

58.15(3), 58.24(1), 58.27(2), 58.39(8), 59.15, 59.27(8), 59.29(1), 59.32(2), 59.36(22), 59.44(8), 63.14, 63.22(2), 63.33(7), 64.17' 64.18(2), 64.29, 64.32(1), 64.35(2), 64.45(7)

Deaf 481-64.24, 64.25, 64.43, see also Audiology above Definitions 481-57.1, 58.1, 59.1, 60.1, 63.1, 64.1; 641-201.2, 202.2 Dental services 441-82.2(20); 481-57.20, 58.15(2)/,l, 58.23(1), 59.19(2)/,l,

59.28(1), 63.16, 64.20, see also Financial Assistance: Medical below Design/building requirements

Generally 481-57.30(1), 58.35(1), 59.40(1), chs 60, 61, 63.28(1), 64.38; 641-ch 201

Air conditioning 481-60.18(3), 60.20, 61.16(5), 61.18 Associations, national 481-60.20, 61.18 Bathrooms 441-81.13(10)a, 82.2(17)e,f,k; 481-57 .30(5), 57.31(3), 58.36, \-,1

59.20(6), 59.41, 60.6(3), 60.16(6,23), 60.18(3), 60.18(4)c, 61.4(3), 63.28(5), 63.29(3,4), 6~.15(4)c, 64.38(5,6), 64.41(1), see also Toilets below

4

lAC 8/26/87

HEALTH CARE F ACILITIES(cont'd) Design/building requirements(cont'd)

Index HEAL

Bedrooms 441-81.13(10), 82.2(17,40); 481-57.30(1,4), 58.35(1,4), 59.40(1,4), 60.6(2), 61.4(2), 63.28(1,4), 64.38, see also Details/ Finishes below: Electrical below

Closets 481-57.30(1)a,i, 57.30(4)h, 58.35(4), 59.40(1,4), 60.6(2)e,g,h,k, 60.6(4), 60.10, 60.11(12), 60.13(3), 60.16(9), 60.18(3) Table 2, 61.4(2)k, 61.4(4)b, 61.8, 61.9(13), 61.11(3), 61.14(8), 61.16(5)/, 63.25(10), 63.28(1,4), 64.22(5), 64.38(2)d, 64.41(1), 64.43(18)

Decks/porches 481-57.33, 60.7(5), 60.16(17), 61.5(4), 63.31 Details/finishes 441-82.2(17); 481-60.16, 61.14 Dining/living rooms 441-8l.13(10)g; 481-60.7, 61.5 Doors, exits

Generally 481-60.16(3), 61.4(2)r, 63.28(1)n Barriers 481-57.24(2)d, 58.27(2)d, 59.32(2)d, 63.22(2)d, 64.35(2)d Control devices 481-57.24(2), 58.27(2), 59.32(2)d, 63.22(2)d, 64.35(2)d Divided 481-57.25(4), 58.43(4), 58.43(7)j,k, 59.48(4), 59.48(7)j,k, 63.23(4),

64.49(4), 64.49(7)h,j Fire 481-61.14(24) F~od service 481-60.11(4), 61.9(15) Glass 481-57.30(1)g, 58.35(1)g, 59.40(1)g, 60.16(16,25), 61.14(20,25),

63.28(1)g Lighting 481-60.19(6)d, 61.17(6), 64.38(12) Ramps 481-61.14(23), 64.43(4) Screen 481-57 .30(1 )l, m, 60.16( 14, 15), 61.14(17), 63.28(1)l,m, 64.41(4)u Swing type 481-57.30(1), 58.35(4), 59.40(1), 60.6(2)m, 60.16(8,9,15),

61.4(2)r, 61.14(7 ,8,12,17), 63.28(1)m Width 481-60.16(4), 61.14(3), 64.43(6)

Drinking fountains 481-60.12(6), 60.16(21), 61.10(6), 61.14(4),. 64.43 Electrical 481-60.3(8), 60.16(24), 60.19, 60.20, 61.1(9), 61.14(18,27), 61.17,

61.18, 64.43(14), see also Lighting below Fans 481-57.30(1)/, 58.35(1)/, 59.40(1)/, 60.16(19), 61.16(5)q, 63.28(1)/ Fire safety 481-60.4(3), 60.16(15, 17 ,26), 60.18(2), 60.19(6)d,e, 60.20, 61.1(8),

61.2(1,2,4- 6), 61.14(17 ,21,24,25), 61.16(2,4,5), 61.17(6)d,e, 61.18; 680-5.50-5.65, 5.100-5.105, 5.230, 5.550, 5.552, 5.600-5.602

Handicapped requirements 441-81.13(10)n, 81.13(27), 82.2(17)/, 82.2(38)d; 481-57.30(5), 60.5, 60.6(3- 5), 60.7(4), 60.12(7), 60.16, 60.17(5), 60.20, 61.3, 61.4(3,5), 61.5(3), 61.10(7), 61.14, 61.15(5), 61.18, 63.28(5), 64.38(6), 64.43

Hazards 481-60.16, 60.19(3), 61.14, 61.17(3) Heating 441-82.2(17)j; 481-57.30(1,6), 58.35(1,5), 59.40(1,5), 60.6(2)o,

60;16(18), 60.18(3), 60.19(6)/, 60.20, 61.16(5), 61.17(6)/, 61.18, 63.28(1)e, 63.28(6), 64.38(10)

Insulation 481-60.16(26), 60.18(2), 61.14(19,21), 61.16(4) Noise reduction 481-61.14(27) Offices 481-60.12, 61.10 Partitions 481-57.30(l)i, 58.35(1)i, 59.40(1)i, 60.6(2)k, 61.4(2)p, 63.28(1)i Plans/specifications 481-60.3(8-10), 60.11(1), 61.1(9-12), 61.9(1) Plumbing 481-60.11(4,11), 60.18, 61.9(4,11), 61.16(4,6), 64.38(11) Service areas

See also Ventilation below Generally 481-60.6(4), 61.4(4) Boilers/equipment 481-60.15, 60.16(20), 60.18, 61.13, 61.14(18,19,26,27),

61.16 5

HEAL Index

HEALTH CARE F ACILITIES(cont'd) Design/building requirements(cont 'd)

Service areas(cont'd)

Central stores 481-60.14, 61.12 Dietary 481-60.11, 61.9; 680-5.50(10) Elevators 481-60.17, 60.19(6)d,e, 61.14(27), 61.15 Laundry 481-60.13, 61.11, 61.14(19,27)

lAC 8/26/87

Stations, attendants/nurses 481-57.30(9), 61.4(2)n, 61.4(4), 61.14(26), 63.28(9) Sewage systems 481-57.30(8), 60.18(4)d, 61.16(6)d, 63.28(8) Site 481-57.33, 60.3(4-6,11), 61.1(4-8,13), 63.31 Stairways 481-57.30(1)j,k, 60.16(12,13), 61.14(12,16), 63.28(1), 64.43(7,8) Standards, national/federal 441-81.13(25,27), 82.2(37 ,38); 481-chs 60, 61;

680-5.50(2,10), 5.550(14,15,29), 5.600(18,19,33) Toilets 441-81.13( 10). 82.2(17)e./: 481-57 .30(5), 57 .31(3), 58.36, 59.41,

60.6(3-5), 60.11(13), 60.12(7). 60.16(4,6,7,24). 60.18(3). 60.18(4)c, 61.3(2), 61.4, 61.7(1). 61.9(14), 61.10(7), 61.14(3.6,10,18), 61.16(5), 63.28(5), 63.29(3,4), 64.15(4)c, 64.38(5,6-11), 64.41, 64.43(10)

Vending machines 481-60.16(21), 61.14(4) Ventilation 441-82.2(17)g,h,j; 481-57.30(1)i, 58.35(1)i, 59.40(1)i, 60.6(2)/,

60.6(3)e, 60.6(5)d, 60.11(16,18), 60.16(7), 60.18(3), 61.4(2,3,5). 61.9(17,18), 61.14(19). 61.16(5), 63.28(1,5)

Windows 481-57.30(4,5), 60.6(2)/, 60.16(7,14,25). 61.4(2)/.g. 61.14(17,20), 63.28(4)p, 63.28(5)h. 64.38(7.8)

Diabetics 481-58.23(2)g, 59.28(2), 64.29(3)g, see also Drugs: Insulin below Dining/livingrooms 441-81.13(10)/.g; 481-57.30(3), 58.35(3), 59.40(3), 63.28(3) Discrimination 441-81.13(5), 82.2(8); 481-57.24(1), 57.36(2)b, 58.27(1),

58.40(2)b, 59.32(1), 59.45(2)b, 63.22(1), 63.34(2)b, 64.13(1), 64.35(1), 64.46(2)b

Diseases/infections 481-57.1(7), 57.11(5,8,10), 57.12(1)c,d, 57.21(5), 58.1(8), 58.10, 58.11(1), 58.24(8), 59.1(8), 59.12(5,9,10), 59.13(1), 63.1(7), 63.9(3.5.8,10), 63.11(1), 63.19(5), 64.1(5), 64.12(13), 64.13(12), 64.19(5). 64.32(8)

Distinct parts 441-81.13(4), see also Licenses below Drugs

Addiction/abuse 481-57.1(10), 57.12(1), 58.1(11). 58.11(1). 59.1(11), 59.13(1), 63.1(10), 63.11(1), 64.1(7), 64.13(13,14)

Administering 441-81.13(15), 82.2(25)/: 481-57.16(1)p,q, 57.19(2,3), 58.11(1)i, 58.15(2)h,i, 58.19(2), 58.21(6,7,8,11). 58.21(14)o,p, 58.21(15), 59.19(2)h, 59.23(2), 59.26(6-8,16,17), 63.18(2,3), 64.27(6,7.11-13)

Definitions 481-57.1(10,11), 58.1(11,12), 59.1(11,12), 63.1(10.12), 64.1(7,11) Emergencies 481-58.21(12,13), 59.26(14), 64.27(1,22) Fees 481-57.14(2), 57.35(7), 58.13(2), 59.15(2), 59.44(7), 63.14(2), 63.33(7),

64.17(2), 64.45(7) Formulary 481-64.27(3) Inspections 481-57.19(1)b(ll), 58.21(12,13), 59.26(14,15), 63.18(1)b(11) Insulin 481-57 .19(3), 58.21(15), 59.26(17), 63.18(3), 64.27(13) Medical assistance 441-77.2, 78.1(1-3). 78.2, 78.3(5), 78.4(1)a(7), 78.12(2),

80.2(2)o,u, 81.13(15), 82.2(25) Orders, telephone 481-58.21(14)q, 59.26(16)q Pharmaceutical services committee 481-59.25 Preparation room 481-61.4(4)e(5.6) Reactions 441-82.2(25)j; 481-58.21(10), 59.26(10), 64.27(5,20,21)

6

lAC 8/26/87

HEALTH CARE F ACILITIES(cont'd) ~ Drugs(cont'd)

Index

Records/reports 441-78.2(4), 81.9, 82.2(25); 481-57.16(1), 57.19(1)b, 57.19(3)d, 58.15(2)e,h.i, 58.21(7-9,12,14), 58.21(14)p, 58.21(15), 59.19(2)h,i.k, 59.26(7-9,14), 59.26(16)p, 59.26(17), 63.17(1), 63.18(1)b(11), 63.18(2)e,k, 63.18(3)d, 64.27(4-6,8,13,15,20)

Restraints 481-57.35(3), 57.39, 58.39(4), 58.43, 59.44(4), 59.48, 63.33(3), 63.37(3), 64.45(3), 64.49(3)

Safeguards 441-81.13(15)a, 82.2(25)i,j; 481-57.19(1,2), 58.21(14), 59.26(15,16), 63.18(2), 64.27

HEAL

Storage 441-82.2(25)/l; 481-57.19(1), 58.21(1-5,12-14), 59.2p(l-5,12-16), 60.6(4), 61.4(4)e, 63.18, 64.27(16); 620-8.10(4)

Elder affairs department ombudsman program 321-5.4, ch 8, 9.12- 9.14 '-'1 Electrical systems 481-57 .27(5), 58.32(5), 59.37(5), 63.25(5), 64.41(5)d,

see also Design/Building Requirements above; Lighting below Elevators 481-57.17(10)b, 58.35(7), 59.40(7), 64 .43(13),

see also DesignjBuild1"ng Requirements: Senice areas abore Emergencies 441-81.13(26), 82.2(38); 481-57.25, 58.28, 59.33, 63.23,

64.36, 64.37 Employees, see Personnel below Engineers 481-60.3(9), 61.1(11), 61.2(9), 61.16(1) Epileptics 481-64 .24(2) Equipment, see Supplies/Equipment below Evacuation plan 441-81.13(26), 82.2(38); 481-57.25(2), 58.28(2), 59.33(2),

63.23(2), 64.37 ~ Exa~!ners board 481-58.8(4), 59.10(4)

Fam1hes 441-82.2(2)k; 481-57.31, 57.46,. 58.36, 58.50, 59.41. 59.55, 61.1(14), 63.29, 63.44, 64.12(12), 64.15(4), 64.56

Fees, residents 441-52.1(3), 78.12, 81.14; 481-57.14, 57.35(7), 57.36, 58.13, 58.39(8), 58.40, 59.15, 59.44(8), 59.45, 63.14, 63.33(7), 63.34, 64.17, 64.45(7), 64.46

Financial assistance Certificate of need 641-203.5 Loan program 524-ch 6 Medical, generally 441-chs 75- 83; 481-57.36, 58.40, 59.45, 63.34, 64.46,

see also HUMAN SERVICES DEPARTMENT State supplementary 441-chs 50- 52, 54, 83

Fire safety, see Design/Building Requirements above; Emergencies above "'--- First aid 481-57.34(2), 58.38(2), 59.43(2), 63.32(2), 64.27(22)

Food service Care review committee 481-57.24(2), 58.27(2), 59.32(2), 63.22(2), 64.35(2) Contracts 481-58.24(1), 59.29, 60.11(17), 61.9(18), 64.32(1) Dietitians/menus 441-81.1, 81.13(7)i, 81.13(10), 82.2(22)b-e,m;

481-57 .21(2), 58.24(2-4), 59.29(2-4), 63.19(2), 64.32(2-4) Dining area 441-81.13(10)/,g, 82.2(22)h; 481-57.21(4)c, 57 .30(3), 58.24(7)c,

58.35(3), 60.11(3), 61.9(3), 63.19(4)c, 63.28(3), 64.32(7)c Employees 441-82.2(22)m,n; 481-57.11(5), 57.21(1,5), 58.10, 58.11(1)/,

58.24(2,4,8), 58.31(15), 59.12(5), 59.13(1), 59.29, 59.36(15), 63.9(5), 63.19(1,5), 64.32(1,2,4,8), 64.41(4)0

Equipment 481-57.21(4), 58.24(7), 59.29(7,10), 60.11, 60.18(3), 61.9, 63.19(4), 64.32(7)

~ Inspections 481-1.4, 58.24(1), 59.29(1), 60.11(17), 61.9(18), 63.3(4), 64.32(1)

7

HEAL

HEALTH CARE F ACILITIES(cout'd) Food service (cont'd)

Index lAC 8/26/87

Mealtime 441- 81.13(10)h, 82.2(22)d; 481-57 .21(2)c, 58.24(3)c, 59.29(3)c, 63.19(2)c, 64.32(3)c

Organization 481-58.24(1), 59.29(1), 64.32(1) Preparation 441-82.2(22)/,i; 481-57.21(3,4), 58.24(5, 7), 59.29(5, 7),

63.19(3,4), 64.32(5) Sanitation 441-81.13(10)j, 82.2(22)g; 481-57.21(3,4,6), 58.24(5-7,9),

59.29(7), 61.9, 63.19(3-6), 64.32(7,8), 64.41(4)0 Shared facilities 481-57.8(2)e, 58.7(2)e, 59.7(2)e, 63.7(2)e, 64.7(2)e Storage 441-81.13(10)j, 82.2(22)g; 481-57.21, 58.24(6,7), 59.29(5,7),

60.11(7,8,17,18), 60.14(3), 60.18(3)g, 61.9(7,8,19), 61.12(3), 63.19(3,4), 64.32(5-7)

Supervisors 481-58.24(2), 59.29(2), 64.32(2) Supplies 441-82.2(22)g; 481-57.21(3,4), 58.24(6), 59.29(6), 63.19(3),

64.32(6) Furnishings 441-81.13(10), 82.2(17); 481-57.30, 58.35, 59.40, 63.28,

64.38(2,9), 64.41(1) Garbage 481-57.21(4)k, 57.26(13), 57.29, 58.24(7)k, 58.31(3), 58.34, 59.29(7)k,

59.36(13), 59.39, 60.11(10,11), 61.9(10,11), 61.16(2), 63.19(4)k, 63.24(13), 63.27, 64.32(7)k, 64.41(4)m

Handicapped persons 441-82.2(12)e, 82.2(17)/, 82.2(21); 481-57.4, 57.17(10), 57.24(2), 58.27(2), 58.35(3,7), 59.23(1)i, 59.34, 59.40(3,7), 63.22(2), 64.14(5), 64.15(3), 64.24, 64.25, 64.38(6), 64.43, seealsoDesign/Building ,. Requirements above

Hazards 481-57.26, 57.30, 58.31, 58.35, 59.16(2), 59.36, 59.40, 63.24, 63.28, 64.38, 64.41, 64.43(15-17)

Health facilities council 641-202. 7(1), 202.10 Health maintenance organizations 191-40.5(4) Health service supervisor 441-81.1(7), 81.13(7)/, 82.2(19)a; 481-58.11(1,2),

58.20, 58.21(13,15), 59.13(2), 59.24, 59.25(2), 59.26(15,17), 64.26, 64.27(12,13)

Hearings 441-81.13(28); 481-1.5, 50.5(2), 50.6, 57.7, 57.36, 58.6, 58.40, 59.6, 59.45, 63.6, 63.34, 64.6, 64.46

Heating system 481-57 .27(7), 58.32(7), 59.37(7), 63.25(7), 64.41(5), see also Design/ Building Requirements above

Hospital/laboratory service agreements 441-81.13(24), 82.2(4); 481-57.11(7), 58.10(7), 58.23(2), 59.12(7), 59.28(2), 63.9(7), 64.4(5), 64.19(2, 7), 64.29 \..,)

Housekeeping 481-57.26, 58.11(1), 58.31, 59.13(1), 59.36, 63.24, 64.41, see also Food Service: Sanitation above; Maintenance below; Storage below

Humanservicesdepartment 441-chs 50-52, 54, 75-82; 481-57.4(2), 58.13(7), 59.15(7)

Insurance, residents 191-15.93, 36.4(3,4), 36.6(1)g; 441-75.2, 78.1(12) Intermediate care, generally 441-75.1(5-7), 75.9, 78.1(9), 78.10(8), 78.12(1 ),

79.1(2), 79.1(7)g, chs 81, 82; 481-ch 58 Laundry/linens 441-82.2(44); 481-57.21(4)n, 57.28, 57.34, 58.24(2)c,

58.24(7)n, 58.31(15,17), 58.33, 58.38(1), 59.29(2)c, 59.29(7)n, 59.36(15,17), 59.38, 59.43(1), 63.19(4)n, 63.26, 63.32, 64.32(2)c, 64.32(7)n, 64.40, 64.41(4)o,q, see also Design/Building Requirements: Service Areas above; Licenses: Distinct Parts below

Leasing, see Sale/ Lease below

8


HEALTH CARE F ACILITIES(cont'dJ

Licensees, duties 481-57.2, 57 .6(7 ,8), 57 .10( 1), 57 .13(1)j, 57.16(1,4), 57 .25, 58.5(7,8), 58.9(1), 58.12(1)j, 58.15(6), 58.28, 59.2, 59.5(7,8), 59.11(1), 59.14(1)j, 59.19(1,6), 59.33, 63.2, 63.5(7,8), 63.8(6), 63.13(1)j, 63.17(1,4), 63.23, 64.2, 64.5(7 ,8), 64.9(7 ,9), see also Administrators above; Committees above

Licenses See also Sale/ Lease below Administrators, see Administrators above Application 481-57.3, 57.30(7)b, 58.3, 58.35(6)b, 59.3, 59.40(6)b, 63.3,

63.28(7)b, 64.3, 64.39(3) Authority 481-1.4 Category change 481-57.3(3), 57.6(6), 58.3(3), 58.5(6), 59.3(3), 59.5(6),

63.3(3), 63.5(6), 64.3(3), 64.5(6) Combined facilities, see Distinct Parts below Construction 481-60.3(8), 61.1(3,9,13) Demonstration waiver 481-63.47 Denial 481-50.5, 57 .30(7), 58.35(6)c, 59.40(6)c, 63.28(7)c, 64.39(3)b Display 481-57.5, 58.4, 59.4, 63.4, 64.4 Distinct parts 481-57 .1(9), 57 .8, 57 .13(1)j, 58.1(10), 58.7, 58.12(1)j, 59.1(10),

59.7, 59.14(1)j, 63.1(9), 63.7, 63.13(1)j, 64.1(6), 64.7 Expiration 481-57.5, 58.4, 59.4, 63.4, 64.4 Renewal 481-57.3(3), 57.24(1)e, 57.30(7), 58.3(3), 58.27(1)e, 58.35(6),

59.3(3), 59.32(1)e, 59.40(6), 63.3(3), 63.22(1)e, 63.28(7), 64.3(3), 64.35(1)e, 64.39(3)

Revocation/suspension 481-50.5, 57 .30(7)c, 58.35(6)c, 59.40(6)c, 63.28(7)c, 64.39(3)b

Separate functions, see Distinct Parts above Validity 481-57.5, 58.4, 59.4, 63.4, 64.4

Lighting 441-82.2(17)[; 481-57.30(1,4), 58.35(1,4), 59.40(1,4), 60.6(2)/,k, 60.19(3), 60.19(6)d,i, 61.4(2)p, 61.17(3), 61.17(6)d,i, 63.28(1,2), 63.28(4)k,p, 64.38(12), seealsoDesign/BuildingRequirements: Electricalabove

Loans, finance authority 524-ch 6 Maintenance 441-82.2(43); 481-57.27, 58.32, 59.37, 61.16(1), 63.25, 64.39,

64.41(5), see also Licenses: Distinct Parts above Medical director 481-59.16 Medicare, medicaid, see Financial Assistance: Medical above Mentally ill 481-57.4 Mentally retarded, generally 441-75.1(6,7), 79.1(8), chs 82, 116; 481-57.4,

chs 63, 64 Notices, health department 481-57.6, 57.9(4), 57.24(1)e, 58.5, 58.8(4), 58.27(1)e,

59.5, 59.10(4), 59.32(1)e, 60.3(8), 61.1(9), 63.5, 63.8(4), 63.22(1)e, 64.5, 64.9(8), 64.35(1)e, see also Records/Reports below

Nurses Aides 481-58.11(1), 58.20(7), 59.13(1)h, 59.24(5) Call system 481-58.18(4), 59.23(4), 60.19(5), 61.4(2)h, 61.17(5) Consultants 441- 81.13(7)g, 82.2(19)a; 481-58.11(2)j, 58.24(2)e, 59.29(2)e,

64.26(1), 64.32(2)e Defined 441-81.1(7); 481-58.1(17), 59.1(17), 64.1(19,21) Drugs, see Drugs above Duties

Generally 441-82.2(24); 481-57.15(5), 58.14(5), 58.20(19), 59.17(6), 59.24(14), 63.15(5), 64.26(6,7)

Exclusive 441-81.13(15)d, 82.2(24); 481-58.11(2), 58.19(1,2), 58.21(15), 59.22, 59.23, 59.26(15), 59.28, 64.26, 64.27(5)

9


HEALTH CARE FACILITIES(cont'd) Nurses(cont'd)

Equipment/supplies 481-58.29, 58.31(18), 58.38, 59.34, 59.36(18), 59.43, 60.5, 61.4(4)e, 64.26(8)

Health, personal 481-57.11, 58.10(5), 59.12(5), 63.9(5) Records/reports 481-57.39, 58.15(2), 58.43(6), 59.19(2), 59.48(6), 63.37,

64.49(6) Restraints, patients 481-57.39, 58.43(6,7), 59.48(6,7), 63.37, 64.49(6,7) Supervision and staffing 441-81.13(7); 481-57.12(2), 58.11(1,2), 58.20,

58.21(13,15), 59.13(2), 59.24(2), 59.26(15,17), 64.26, 64.27(12,13); 590-6.5(1 )b(l ,2)

Training 441-82.2(24)c; 481-57.19(3), 58.11(1)i, 59.13(1)h, 59.24(5,11), 59.27(2), 63.18(3), 64.26(6), 64.27(12)

Nursing facilities, skilled, generally 441-75.1(5-7), 77.12, 78.1(2)b, 78.1(9), '78.3(16), 78.10(8), 78.11, 78.12, chs 79, 80, 81.13(4); 481-chs 59, 61, see also HUMAN SERVICES: Medical Assistance

Occupancy 481-57.13(1), 57.30(1)h, 57.31, 58.12(1), 58.35(1)h, 58.36, 59.14(1), 59.40(1)/t, 59.41, 60.3(11-13), 60.4(1,2), 61.1(13,14), 61.2(8), 63.13(1), 63.28(1)h, 63.29, 64.15(4), 64.36(2)

Occupational therapy 441-82.2(26); 481-58.22(2), 59.27(9), 64.1(20), 64.1(21)e, 64.28

Orderlies 481-59.13(1)h Oxygen 481-57.25(3), 58.19(2), 58.28(3), 59.23(2), 59.33(3), 63.23(3), 64.37(5) Owner change 441-54.3(12-15), 81.6(12,15), 81.9(3), 82.2(3), 82.5(12,15),

see also Licenses above Parking 481-60.3(7), 60.19(3), 61.1(6), 61.17(3), 6:4.43(3) Patients, see Residents below Personnel

Administrator, see Administrator above Alcoholism 481-57 .1(3), 57 .12(1), 58.1(3), 58.11(1), 59.1(3), 59.13(1),

63.11(1), 64.13(13,14) Continuingeducation 481-57.10(2), 57.11(1), 57.23(2), 58.9(2), 58.10(1),

58.24(2)d, 58.26(2)d, 59.11(2), 59.12(1), 59.29(2)d, 59.31(2), 63.8(7), 63.9(1), 63.21(3), 64.9(9), 64.32(2), see also Nurses above; Training below

Disabled 481-57.12(1), 58.11(1), 59.13(1), 63.11(1) Drug addiction 481-57 .12(1), 58.11(1), 59.13(1), 63.11(1), 64.13(13,14) Duties, simultaneous 481-58.24(2)c, 59.29(2)c, 59.36(15), 64.32(2)c, 64.41(4)o Education, see Training below Evaluation 481-58.20(13), 59.24(13), 64.26(6) Food service, see Food Service above Health 441-82.2(8)k; 481-57.11, 57.12(1), 57.21(5), 58.10(3-5), 58.11(1),

58.24(8), 59.12, 59.13(1), 59.29(8), 63.9, 63.11(1), 63.19(5), 64.13(12-14), 64.32(8)

Hours, duty 441-81.13(9); 481-57.11(1), 57.12(2), 57.21, 58.11(2), 58.24(2), 58.26(2), 59.13(2), 59.24(2), 59.29(2)/, 59.31(2), 63.9(9), 63.11(2)b, 63.19(1), 63.21(3), 64.19(6), 64.26(2,3)

Housekeeping 481-57.26, 58.11(1), 58.31, 59.13(1), 59.36, 63.24, 64.41(4)g,o Job descriptions 441-82.2(8); 481-57.11(2), 58.10(2), 59.12(2), 63.9(2),

64.13(2), 64.32(2) Living in facility 481-57.31, 58.36, 59.41, 61.1(14), 63.29, 64.15 Maintenance 481-57.26, 58.31, 58.32(10), 59.36, 59.37(10), 63.24(7),

64.39(2), 64.41(4)g Meetings, see Committees above

10

\..,_)

\..,;

'-..~

,-

'...,/

\....,)

lAC 8/26/87

HEALTH CARE F ACILITIES(rout'd) Personnel( con I'd)

Nurses, see Nurses above

Index

Policies 441-82.2(8); 481-57.11, 58.10, 59.8, 59.12, 63.9, 64.13 Qualifications, generally 481-57.12, 58.11, 59.13, 63.11, 64.13 Records, see Records below

HEAL

Staff requirements/qualifications 441-81.13(7), 82.2(8)h, 82.2(10,16), 82.2(22)i,m; 481-57 .6(1), 57 .8(2)d, 57 .12, 58.5(1), 58. 7(2)d, 58.11, 59.5(1), 59.7(2)d, 59.13, 63.5(1), 63.7(2)d, 63.11, 64.5(1), 64.7(2)d, 64.8(5), 64.11, 64.13(3,8), 64.14, 64.15, 64.26(2,3,7)

Training 441-81.13(21), 82.2(8)i,j; 481-57 .10(2), 57 .11(1), 57 .25(2), 58.9(2), 58.10(1), 58.11(1), 58.24(2), 58.26(2), 58.28, 59.11(2), 59.12(1), 59.13(1), 59.33(2), 63.8(7), 63.9(1), 63.23(2), 64.9(9), 64.13(10,11), 64.37

Uniforms, clothing 481-57.21(5), 57.26(6), 58.24(8), 58.31(6), 59.29(8), 59.36(6), 63.19(5), 63.24(6), 64.32(8), 64.41(4)/

Pharmacists, pharmacies 441-81.13(7)j, 82.2(25); 481-57.19(1,2), 57.47, 58.15(2), 58.21(12-14), 58.51, 59.19(2)/, 59.25, 59.26(14-16), 59.56, 63.18(1)b(11), 63.45, 64.27, 64.57; 620-2.7, seealsoFinancial Assistance above

Pharmacy examiners board 481-59.26(16) Physical/occupational therapy, therapists 441-81.13(8), 81.13(10)m, 82.2(26);

481-58.15(2)/,l, 58.22(1), 59.19(2)/,l, 59.24(14)h, 59.27, 64.1(20,21), 64.25, 64.28

Physicians See also Financial Assistance Admissions to facility, see Admission above Care review committee, duties 481-57 .24(6), 58.27(6), 59.32(6), 63.22(6), 64.35(6) Death, patient 481-57.16(1)s, 58.15(2)j, 59.19(2)j, 63.17(1)s, 64.16(14) Defined 481-64.1(21) Designation 481-57.15(1), 58.14(1), 63.15(1), 64.19(6) Diagnostic services 481-58.23(2), 59.28(2), 64.19, 64.29 Dietorders 481-57.16(1)[, 57.21(2)a, 58.15(2)e,k, 58.24(3,4), 59.19(2)e,

59.29(2-4), 63.17(1)l, 63.19(2), 64.32(2_-4) Discharge, patients, see Residents below Diseases, see Diseases/ Injections above Drugs, see Drugs above Medical director 481-59.16 Orders, review 481-64.23(5) Patients, medical condition 441-81.13(6); 481-57.35(8), 58.39(9), 59.44(9),

63.33(8), 64.45(8) Plans, care 441-81.13(6)a(3), 82.2(23); 481-57.35(8), 58.39(9)d, 59.16(2),

59.24(6), 59.27, 59.44(9), 63.33(8), 64.16(2), 64.19, 64.26(4), 64.45(8), see also Residents: Care

Records/patient, see Records below Rehabilitation service 481-58.22, 59.27(5-7 ,9), 64.25 Restraining devices, see Residents Review of services 481-59.9, 59.27(6) Selection by residents 481-57.47, 58.51, 59.56, 63.45, 64.57 Tests, see Diagnostic Services above Treatment, authorization 481-58.29(6), 59.23(2), 59.34(6) Visits, patient 481-57.15(6), 58.14(8), 59.17(3,4), 63.15(6)

Plumbing/pipes 481-57.27(6), 58.32(6), 59.37(6), 59.40(1), 63.25(6), 64.41(5)e, see also Design/ Building Requirements above

11


HEALTH CARE FACILITIES(cont'dJ

Poisons, see Storage below Policies/programs, generally 441-81.13(3), 82.2; 481-57.10, 57.11, 57.35,

58.9, 58.10, 58.39, 59.8, 59.11(1), 59.12, 59.24, 59.44, 63.8, 63.9, 63.33, 63.47, 64.9, 64.12, 64.13, 64.26, 64.45, see also Residents below

Psychological services 441-82.2(27); 481-64.1(21), 64.11, 64.31 Records/reports

Generally 441-81.9 Admission, see Admission above Clinical 441-54.2, 54.6, 78.16(4), 78.18(5), 79.3, 79.6, 81.9, 82.2(20),

82.2(26)d; 481-57.15, 57.16, 57.20, 58.14, 58.15(2), 58.22(1), 58.23, 58.43(6), 59.17, 59.18, 59.19(2), 59.27. 59.28, 59.48(6), 63.15-63.17, 63.37, 64.19- 64.21, 64.28(4), 64.29(3), 64.49(6)

Confidentiality 441-9.3(3)d, 78.16(4), 81.13(3)d, 81.13(6)a(7), 82.2(33); 481-57.6(7,8), 57.24(1-3), 57.35(5), 57.40, 58.5(7,8), 58.27(1-3), 58.39(6), 58.44, 59.5(7,8), 59.30, 59.32(1-3), 59.44(5), 59.49, 63.5(7,8), 63.22(1,3), 63.33(5), 63.38, 64.5(7,8), 64.21(9,10,12,13), 64.31(3), 64.35(1)i, 64.35(3), 64.45(5), 64.50

Discharge/transfer 441-78.12, 81.5(4), 82.10; 481-57.13(2), 57.16(3), 57.36, 58.12(2), 58.15(2,5), 58.40, 59.14(2,3), 59.19(2,5), 59.45, 63.13(2), 63.17(3), 63.34, 64.16(10-12), 64.21(7,15), 64.46

Drugs, see Drugs above Finance 441-54.3, 54.8, 79.3, 79.6, 81.6, 81.9(1)d, 81.14, 82.5, 82.17(1) Health department requirements 441-81.9; 481-57.16(4), 57.24(2)!. 57.30(7),

58.15(6), 58.27(2), 58.35(6), 59.19(6), 59.32(2)!. 59.40(6), 63.17(4), 63.22(2)/, 63.28(7), 64.35(4), 64.39(3), 64.41(3), 204.1(2)

Inspection 441-81.9(1)i, 81.13(10)j(5), 82.2(39); 481-57.27(1), 58.32(1,7), 59.37(1,7), 63.25(1), 64.41(3,5)

Personnel/payroll 481-57.10(2), 57.16(5), 58.9(2), 58.15(7), 59.11(2), 59.19(7), 63.8(7), 63.17(5), 64.9(9)

Purchasing, inventory 441-82.2(41); 481-64.8 Residents 441-54.2, 54.6, 81.9, 81.13(3,23), 82.2(5)j,h, 82.2(31-35), 82.6(2)e,

82.13; 481-57.16, 57.23(3), 57.39, 58.15, 58.26(3), 59.19, 59.31(3), 63.17, 63.21(4), 64.21, seealsoClinicalabove

Retention 441-79.3, 81.9(2), 82.2(34); 481-57.16(3), 57.21(2), 58.15(5), 58.24(3,6), 59.19(5), 59.29(3,6), 63.17(3), 63.19(2)/, 64.21(15), 64.32(6)e

Sanitation 441-82.2(39) Violations 441-54.3, 54.8, 79.2, 79.6(3), 81.6(1), 81.9, 81.14, 82.5(1),

82.17 Recreation, see Activities/ Recreation above Rehabilitation program 441-81.13(20); 481-58.22, 59.27, 64.25, 64.28 Religious activities, see Residents below Research, experimental 441-81.13(6), 82.2(36); 481-57.35(8), 58.39(9),

59.44(9);- 63.33(8), 64.12(11), 64.44, 64.45(8) Residential care, generally 441-chs 50- 52, 54, 116, 163, 207;

481-chs 57, 60 Residents

See also Committees: Care Review above Absence 481-57 .14(7), 58.13(7), 58.21(11), 59.15(7), 59.26(11), 63.14(7),

64.17(7), 64.27(6) Abuse 441-81.13(6)a(6), 82.2(8)g; 481-57.39, 58.43, 59.48, 63.37,

64.13(7), 64.49

12

lAC 8/26/87

HEALTH CARE F ACILITIES(cont'dJ Residents( coni 'd)

Index HEAL

Accidents, incidents 441-81.13(12)e; 481-50.7, 57.11(6), 57.15(5), 57.16(2), 58.10(6), 58.14(5), 58.15(4), 59.12(6), 59.13(1), 59.16(2), 59.17(6), 59.19(2)h, 59.19(4), 59.24(14), 63.9(6), 63.15(5), 63.17(2), 64.16(13), 64.26(6), 64.37(4)

Activities, see Activities/ Recreation above Admission, see Admission above Behavior modification program 441-82.2(12)m; 481-58.43, 59.48, 64.14(15),

64.49 Care

See also Activities/Recreation above; Audiology above; Committees above; Drugs above; Food Service above; Psychological Services above; Rehabilitation above; Social Services below

Medical services 441-82.2(6,19-21,23); 481-57.4, 57.15, 57.20, 58.10(7), 58.14, 58.19 58.22, 58.23, 59.12(7), 59.17, 59.23(2), 59.27, 59.28, 63.9(7), 63.15, 63.16, 64.4(5), 64.19, 64.20, 64.25, 64.26, 64.28, 64.29

Personal 441-81.13(16), 82.2(14); 481-57.1(13), 57.17, 57.41, 58.1(14), 58.16, 58.19(1), 58.29, 59.1(14), 59.20, 59.23(1), 59.24(14), 59.34, 59.50, 63.1(14), 63.12, 63.39, 64.23, 64.51

Policies/programs 441-81.7, 81.8, 81.13(3,6,7), 82.2(12,18,19), 82.6(2); 481-57.1(14), 57.11, 57.13(1)j, 57.35(2,8), 58.1(15), 58.10(6-9), 58.12(1)j, 58.18- 58.20, 58.39(9), 59.1(15), 59.12, 59.14(1)j, 59.16(2), 59.22- 59.24, 59.44(9), 63.1(15), 63.9(6-9), 63.12, 63.13(1)j, 63.15, 63.21, 63.33(8). 63.37, 63.47, 64.1(15), 64.11, 64.16, 64.18, 64.26, 64.45(8)

Children, see Children above Clothing, see Possessions, Personal below Complaints 441-81.13(3)c, 81.13(6)a(4); 481- 57.35(4), 57.37, 58.39(5),

58.41, 59.44(5), 59.46, 63.33(4), 63.35, 64.45(4), 64.47 Confining, see Restraints below; Seclusion th-is subheading below Death 441-54.5(5), 81.4(3)e, 82.2(5)l,m, 82.9(3)/, 82.14(4)c; 481-57.14(6),

57.16(1)s, 57.19(2), 58.13(6), 58.15(2)h,j, 58.21(14)g, 59.15(6), 59.19(2)h,j, 59.26(16)j, 63.14(6), 63.17(1)s, 63.18(2)e, 64.16(13,14), 64.17(6)

Discharge/transfer 441-78.11(3), 81.1(10), 81.5, 81.12, 81.13(3,5,23,24), 82.2(5, 7), 82.2(32)d, 82.10; 481-57.13(2), 57 .17(8), 57.19(2)d, 57.35(2), 57.36, 58.12(2), 58.16(8), 58.21(14)/, 58.20(8), 58.39(2), 58.40, 59.9(9), 59.14(2,3), 59.20(8), 59.22(1), 59.24(9), 59.26(16)/, 59.30, 59.44(2), 59.45, 63.12(8), 63.13(2), 63.18(2), 63.33(2), 63.34, 64.16(10-12), 64.26(6), 64.33(5), 64.45(2), 64.46, see also Contracts; Hearings; Records/Reports above

Discipline 481-64.14(8-11) Drugs, see Drugs above Grievances, see Complaints above Guardian/responsible party 481-57.1(17), 57.13(1), 58.1(19), 58.12(1), 59.1(19),

59.14( 1), 63.1(18), 63.13(1), 64.1(22), 64.16(8), see also Rights below Hearing and speech, see A udiolO!JlJ above Hospitalization 441-52.1(3)/, see also Hospital/Laboratory Service Agreements above Identification 481-58.29(5), 59.34(5) Incompetency 481-57.48, 58.52, 59.57, 63.46, 64.58 Indigent, see Financial Assistance above Insurance 191-15.93, 36.6(1)g; 441-75.2, 78.1(12)

13

HEAL

HEALTH CARE FACILITIES(cont'd) Residents(cont'd)

Index

Isolation room 441-81.13(10)e; 481-60.9, 61.7

lAC 8/26/87

Leaving facility 481-57 .19(2)d, 57 .43(7), 58.21(14)/, 58.47(7), 59.26(16)/, 59.52(7), 63.10(5), 63.18(2)d, 63.41(7), 64.12(2,12), 64.27(6), 64.33(5), 64.53(7), see also Discharge and Transfer above

Mail 441-81.4(4), 81.13(6)a(10); 481-57.43, 58.47, 59.52, 63.41, 64.53 Married persons 441-81.13(6)a(13); 481-57.46, 58.50, 59.55, 63.44, 64.56 Medical assistance, see Financial Assistance above Medications, see Drugs above Mentally ill 481-58.39(2), 59.44(2) Money/property 441-54.5, 81.4, 81.13(6}a(5), 82.2(2}c, 82.2(7)b, 82.9;

481-57.13(1), 57.38, 58.12(1}, 58.42, 59.14(1}, 59.47, 63.13(1}, 63.36, 64.12, 64.48

Nonambulatory, see Handicapped above Possessions, personal 441-81.4(4), 81.13(6)a(12), 81.13(17), 82.2(7)b, 82.2(12)g,

82.2(13), 82.9(4); 481-57.13(1), 57.26(14), 57.28(4), 57.45, 58.12(1), 58.31(20), 58.33(4}, 58.49, 59.14(1), 59.36(20), 59.38(4), 59.54, 63.13(1), 63.26(4), 63.43, 64.14(7), 64.22, 64.38(4), 64.41(4)t, 64.55

Preferences, personal 481-57.41(2), 57.47, 58.45, 58.51, 59.50(2), 59.56, 63.39, 63.45, 64.51(2}, 64.57

Privacy 481-57.17(6), 57.41, 57.43(8), 57.46, 58.16(6), 58.45, 58.47(8), 58.50, 59.20(6}, 59.50, 59.52, 59.55, 60.6(2)q, 60.6(3)d, 60.9, 61.7, 63.12(6), 63.39, 63.41, 63.44, 64.38(5), 64.41(1), 64.51, 64.53, 64.56

Religion 481-57.44, 58.48, 59.53, 63.42, 64.54 Research, see Research, Experimental above

. Restraints 441-81.13(3)b, 81.13(6)a(6), 82.2(12)k,l; 481-57.1(18), 57.25(4), 57 .35(3), 57 .39, 58.1(20), 58.39(4}, 58.43, 59.1(20), 59.44(3), 59.48, 63.1(19), 63.23(4), 63.33(3), 63.37, 64.1(23), 64.45(3), 64.49

Rights 441-81.13(3)/, 81.13(5,6), 82.2(2)b; 481-57.35(6), 57.37, 58.39, 58.41, 59.30(3)d, 59.44, 59.46, 63.33, 63.35, 64.16(8), 64.33(1)c, 64.45, 64.4 7

Safety 481-57.13(1)/, 57.25, 58.12(1)/, 58.28, 59.14(1)b, 59.33, 63.13(1), 63.23, 64.36, 64.37, see also Hazards above

Seclusion 441-82.2(12)j; 481-57.25(4), 58.43(7)h, 59.48(7}h, 63.23(4), 64.14(11), 64.49(7)h

Segregation 441-82.2(15); 481-64.24 Tax, homestead 701-73.1, 80.1(2}j Telephones, see Telephones below Training/habilitation 441-81.13(16), 82.2(12,14,21), 82.2(22)j, 82.2(24)b(2);

481-57.22, 57.42(2), 58.22, 58.25(2), 58.46, 59.27, 59.30, 59.51, 63.40, 64.18(3), 64.23(2,3), 64.25, 64.26(6), 64.33, 64.52

Transportation 481-57 .20(2), 58.19(2), 58.23, 59.23(2)j, 63.16(2), 64.29(3) Valuables, see Money/ Property above Visitors 481-57.43, 57.46, 58.47, 58.50, 59.52, 59.55, 63.41, 63.44,

64.12(12), 64.53, 64.56 Wanderers 481-58.29(5}, 59.34(5) Work assignments 481-57.42, 58.46, 59.51, 63.40, 64.13(8,9), 64.52

Restraints, see Residents above Safety, see Residents above

14


HEALTH CARE FACILITIES(C'ont'd)

Sale/lease 441-54.3(12-15), 82.5(12); 481-57 .6(7 ,8), 57.16(3), 58.5(7 ,8), 58.15(5), 59.5(7,8), 59.19(5), 63.5(7,8), 63.17(3). 64.5(7,8), 64.21(15); 641-201.3(4), 201.5(3)m(1,2), 201.8(2), 201.21(4)

Service areas, see Design/Building Requirements above Smoking, tobacco 481-57 .21(5)/, 57 .25(3), 58.24(8), 58.28(3), 59.29(8),

59.30(3), 59.33(3), 63.19(5)/, 63.23(3), 64.32(8), 64.37(5) Snow removal 481-57.26(11), 58.31(11), 59.36(11), 63.24(11), 64.41(4)k Social services 441-81.13(7)k; 481-57.22, 57.24(3), 58.25, 58.27(3), 59.30,

59.32(3), 63.21, 63.22(3), 64.33, see also Financial Assistance above Speech pathology 441-81.13(8), 82.2(30); 481-64.1(20)g, 64.1(21 )g, 64.30 Standards, national/federal

See also Electrical Systems above; Heating System below; Plumbing/ Pipes below Generally 481-60.20, 61.18, 64.3(1)g Building design, generally 481-60.3(10), 61.1(4,12,13) Construction review committee 641-201.1(1), 201.11, 201.12, 201.15(1) Dietary 481-57.21, 58.24, 59.29(3,6,7,10), 60.11(2), 61.9(2), 63.19, 64.32;

680-5.50( 10) Drugs 481-64.27(3,16,21) Elevators 481-60.17(9), 61.15(9) Fire safety 441-81.13(25), 82.2(37); 481-60.16(26), 60.18(2), 60.19(6)d,

61.2(1,4-6), 61.14(21), 61.16(2,5), 61.17(6)d, 64.36; 680-5.50(2,10), 5.550(14,15,29), 5.600(18,19,33)

Medicare/medicaid 641-201. 7(4), 201.20(4) Noise reduction 481-61.14(27) Research, resident 481-57 .35(8)d, 58.39(9)e, 59.44(9)e, 63.33(8)d, 64.45(8) Social Security Act (Title XIX) 481-57.36, 58.40, 59.45, 63.34(2), 64.46

Standards committee procedures 641-ch 200 Storage

Generally 441-82.2(41); 481-57.34(3), 63.32(3), 64.8(4) Chemicals, see Poisons/Chemicals below Closets, see Design/Building Requirements above Drugs, see Drugs above Equipment rooms 481-60.6(4)j, 60.14, 60.15, 61.4(4)e(8), 61.12(2), 61.13 Flammable materials 481-57 .26(12), 58.21(5), 58.31(12), 59.26(5), 59.36(12),

63.24(12), 64.41(4)l Food, equipment, see Food Service above General 481-60.6(4), 60.14, 60.15(3), 61.4(4)e(8), 61.12, 61.13(3) Hallways 481-57 .26(4), 58.31(4), 59.36(3,4), 63.24(4), 64.41(4) Hazards 481-57.23(4)c, 57.26(12,14), 58.26(4)c, 58.31(12,20), 59.31(4)c,

59.36(12,16,20), 60. 7(4)c, 61.5(3)c, 63.21(5), 63.24(12), 64.41(4)l,t Housekeeping equipment/supplies 481-57.27(10), 58.31, 59.36(4,12,16,17), 60.10,

60.11(12), 60.14, 61.8, 61.9(13), 61.11(3), 61.12(3), 63.24(4,12), 63.25(10), 63.32(3), 64.41(4)g,h,l,p,t

Laundry supplies/equipment 481-60.13(3), 61.11(3) Linens 441-81.13(10), 82.2(17)m; 481-57.34, 58.38(1), 59.43(1), 60.6(4),

60.13, 60.14(3), 61.4(4)e, 61.11, 61.12(3), 63.32, 64.40 Nursing equipment 481-58.31(18), 59.36(18), 59.43(3), 61.4(4), 61.12,

64.26(8), 64.41(4)r Office equipment 481-60.12(2), 60.14(3), 61.12(3) Oxygen 481-57.25(3), 58.28(3), 59.33(3), 63.23(3), 64.37(5)

15


HEALTH CARE FACILITIES(cont'd) ~ Storage(conf 'd)

Poisons/chemicals 481-57.19(l)b, 57.21(3)h, 57.23(4), 57.26(12), 57.27(10), 58.21(4), 58~24(6)g, 58.26(4), 58.31(12), 59.26(4), 59.29(6), 59.31(4), 59.36(12), 60. 7(4), 61.5(3), 63.18(1), 63.19(3)h, 63.21(5), 63.24(12), 64.32(6)g, 64.37(6), 64.41(4)[

Prohibited 481-57.26(4), 58.31(17), 59.36(4,17), 60.15(1), 61.13(1), 63.24(4,12), 64.32(6)

Recreational equipment 481-57.23(4), 58.26(4), 59.31(4), 60.7(4), 60.14(3), 61.5(3), 61.12(5), 61.21(5), 63.21(5)

Yard equipment 481-60.15(3), 61.13 Supplies/equipment \...)

See also Food Service; Storage above Generally 481-57 .23(4), 57 .34, 58.26(4), 58.29, 58.38, 59.31(4), 59.34,

59.43, 63.21(5), 63.32, 64.26(8), 64.40 Purchasing 441-82.2(41); 481-64.8 Sterilization/sanitation 481-57 .34(3), 58.29(4), 58.38(3), 59.34(4), 63.32(3)

Telephones 441-82.2(42); 481-57.43(5), 58.47(5), 59.52(5), 60.16(21), 61.10(5), 61.14(4), 61.15(5), 61.17(6)e, 63.41(5), 64.10, 64.43(12), 64.53(5)

Television 481-57.23(4)a, 58.26(4), 58.35(3)/, 59.31(4), 59.40(3)/, 60.19(4), 61.17(4)

Tornadoes, see Emergencies above Transfer, ownership, see Sale/Lease above Variances 481-57.2, 57.4, 58.2, 59.2, 60.2, 60.3(11), 61.1(13), 63.2, 64.2 \wl Violations 441-79.2(7,8), 81.13(28); 481-50.4, ch 56, 60.9(2), 61.7(2),

64.13(7), see also Records/Reports above Visitors, see Residents above Volunteers 481-57.23(3), 58.26(3), 59.31(3), 63.21(4), 64.13(8), 64.30(5) Watersupply 481-57.19(1)b(10), 57.30(7), 58.35(6), 59.26(13), 59.40(6), 60.18(4)c,

61.9(4,11), 61.16(6), 63.18(1)b(10), 63.28(7), 64.38(11), 64.39(3)

16

lAC 8/26/87 Index

HEALTH DATA COMMISSION Address 465-1.4, 2.16(2), 4.1, 6.6, 7.3(1), 7.4(1) Data requirements

Accessibility 465-7.4 Address 465-6.7, 7.3(1), 7.4(1) Confidentiality 465-7.2, 7.5 Definitions 465-6.1, 7.1 Description 465-6.3, 6.4 Payers, third party 465-6.2 Providers, verification 465-7.6 Requests 465-7.3 Submittal

Form 465-6.6 Frequency 465-6.5

Declaratory rulings 465-ch 4 Hearings/appeals 465-2.1-2.18, 3.2 Hospitals

Billing form 465-ch 5 Price submission/posting 465-ch 8

Organization 465-1.2, 1.3 Records, public 465-7.4 Rule making 465-ch 3

HEALTH DEPARTMENT See PUBLIC HEALTH DEPARTMENT

17

HEAL

lAC 8/26/87 Index

HEALTH MAINTENANCE ORGANIZATIONS (HMO) Generally 191-ch 40; 420-ch 6; 441-ch 88; 641-chs 202, 203 Annual reports 191-40.14 Billings/expenditures 465-ch 5; 641-202.2(2) Bonds, fidelity 191-40.13 Certificate of authority 191-40.11 Certificateofneedprogram 641-chs 202, 203 Complaints 191-40.9; 441-88.8 Definitions 191-40.1; 581-15.1(3) Employees, state 420-ch 6; 581-15.1(3) Enrollment 441-88.3, 88.4 Forms 191-40.2, 40.10(2), 40.11, 40.14; 441-88.4(3) Hearings 191-40.10(3)e,j,h, 40.10(4,5) Insurance agents, duties 191-40.19 Investments 191-40.15 Medicaid program 441-ch 88, see also HUMAN SERVICES DEPARTMENT Membership, cancellation 191-40.10 Organization

Generally 191-40.4, 40.5, 40.11 Application 191-40.2, 40.11 Election/nomination procedures 191-40.2(2), 40.11"14.1" External review group (ERG) 191-40.5(11) Policy/operation 191-40.4, 40.5

Ownership/name changes 191-40.6, 40.7 Peer review, internal/external 191-40.5(8,11) Records/reports 191-40.5(9,10), 40.14; 441-88.9 Refunds 191-40.3 Reinsurance 191-40.17 Services

Care, quality 191-40.5, 40.11 Contracts 191-40.18; 441-88.2 Facility accreditation 191- 40.5(4-11); 641-170.4(3) Health education/disease prevention 191-40.5(9); 441-88.11 Medicaid providers 441-88.5-88.7 Personnel, license/certification requirements 191-40.5, 40.11 Physician/patient ratio 191-40.5(2) Termination 191-40.8

State employees coverage 420-ch 6; 581-15.1(3) Waivers, deposit 191-40.12(4)

18,19

HEAL

HEAR

HEARING AID DEALERS Address

Change 470-145. 7(3), 145.212(9)

Index

Department 470-145.1(2), 145.2(1), 145.2(3) Advertising 470-145.212(1,8) Appeals 470-145.209, 145.210 Attorney general 470-145.203 Clients 470-145.212(1,6-8) Complaints 470-145.9, 145.201, 145.203 Confidentiality 470-145.212(8), 145.213(3) Conduct 470-145.2(4), 145.212, 145.300 Continuing education 470-145.6, 145.212(10) Disciplinary action 470-145.203-145.213 Drug abuse 470-145.212(1,3,7) Employees 470-145.4, 145.211, 145.212(6) Equipment 470-145.7(1), 145.8 Examiners board

Hearings 470-145.1(1), 145.203, 145.205, 145.210 Meetings 470-145.1, 145.300 Notice 470-145. 7(3), 145.206 Subpoenas 470-145.208, 145.212(12) Tests 470-145.1(1), 145.2 Violations 470-145.212(2)

Felonies 470-145.212(1) Fraud 470-145.2(4), 145.212(1,8) Health department 470-145.2(2), 145.203, 145.208 Identification 470-145.7(1,4) Incompetency 470-145.212(1) Investigations 4 70-145.203 Licenses

Continuing education 470-145.6, 145.212(10) Denial 470-145.205 Display 470-145. 7(1) Examinations 470-145.1(1), 145.2, 145.3, 145.4(1) Fees 470-145.2(2), 145.5(2), 145.7(4), 145.10 Misuse 470-145.212(7) Reciprocity 470-145.3, 145.10(2) Renewal 470-145.5, 145.6, 145. 7(4), 145.10(3) Suspension/revocation 470-145.2(4), 145.212, 173.1(9) Temporary permit 470-145.4, 145.10(4)

20

lAC 8/29/84, 8/26/87

-

lAC 2/25/87 Index

PUBLIC EMPLOYMENT RELATIONS BOARD (PERB) Address 621-1.4 Amendments 621-2.9, 3.7, 4.6, ch 11 Appeals 621-1.3, 9.1, 9.2, ch 11 Bargaining units

Amendments 621-4.6 Clarification 621-4.7 Determination 621-4.2, 4.3 Elections 621-1.2, 4.2(5), 4.3, 4.6(3), ch 5 Employee organizations

Bonds 621-8.3 Elections, ballots 621-5.1(4,5) Petition, certification 621-4.3 Registration 621-8.1 Reports 621-8.1, 8.2, 8.4, 8.5 Trusteeships 621-8.4

Negotiations Agreements 621-6.1, 6.4, 6.5 Consolidation 621-6.2 Disputes 621-6.3, 7.7(5) Impasse procedures

Arbitrators 621-1.2, 6.3(2), 7.5 Factfinders 621-1.2, 6.3(2), 7.4 Mediators 621-1.2, 7.3 Meritsystem 621-1.2 Objections 621-7.6 Stateemployees 621-1.2, 7.7

Petitions 621-2.9, ch 4 Reconsideration 621-4.5

Complaints, generally 621-1.3, 2.9, ch 3, 7.7(5), 8.6 Continuance 621-2.22 Court cases 621-1.2 Decisions 621-2.18, 2.20, 6.3, 9.1, 11.7-11.8 Declaratory rulings 621-2.20, 2.21, 7.7(5), ch 10 Definitions 621-1.6, 6.3(1) Dismissal 621-2.22 Elections

Ballots 621-5.1- 5.3, 5.8 Bars 621-5.5 Challenges/objections 621-5.4(2) Decertification 621-5.4(1)/,g, 5.6 Disclaimers 621-5.7 Misconduct 621-5.4(3) Notices 621-4.2(5), 4.3(4), 5.1(1) Petitions, filing 621-4.3 Professional/nonprofessional employees, merger 621-4. 2( 5) Ratification 621-6.4 Voters, eligibility 621-5.1(2), 5.4(1)c Withdrawals 621-5.1(5)

Ex parte communications 621-2.5, 2.9, 2.20 Fees 621-7.2, 7.3(7), 7.4(9), 7.5(10)

21

PUBL

PUBL Index lAC 8/26/87

PUBLIC EMPLOYMENT RELATIONS BOARD(cont'd) '.-)

Forms 621-2.13, 2.14, 3.1, 4.1(1), 4.2(1), 4.3(1), 4.4(2), 6.5, 8.1(2), 8.2(2), 11.5

Hearings 621-1.3, ch 2, 3.11, 4.1(3), 4.2(3), 4.4(5), 5.4(2), 5.7, 6.3(3), 7.4-7.7, ch 9, 11.5-11.8

Informal disposition 621-1.3, 3.10 Investigation 621-3.8 Merit appeals 621-ch 11 Organization/purpose 621-1.2 Reports 621-6.5, 8.1, 8.2, 8.4(2,3), 8.5 Rule making 621-1.3, 1.5 Stipulation/determination 621-4.2(6) \,.,! Subpoenas 621-2.12 Testimony prohibitions 621-2.17

PUBLIC HEALTH DEPARTMENT Address 641-170.5, 170.7, 170.8 Administrative divisions 641-170.4 Attorney general 61-1.3(1)i; 641-202.16 Birth certificates 641-chs 95, 100, 102.6 Boards

Local 641-7.7(2,3), 7.8, chs 77- 79 State 641-170.2, 170.3

Camps Migratory 641-ch 81 Recreation/work 641-ch 18

Certificate of need program 641-chs 202, 203 Condoms, sale 641-ch 6 Construction review committee 481-64.16(3); 641-ch 201 Coordinating council 641-202.9 Deaths 641-ch 101 Declaratory rulings 641-172.1 Definitions 641-ch 10 Diabetes education 641-ch 9 Director, duties 641-170.3 Diseases

Communicable 641-ch 1 Diabetes education 641-ch 9 Immunization 641-ch 7 Prevention division 641-170.4(3) Renal 641-ch 111, 170.4(2) Venereal 641-3.2, ch 6

District boards/departments 641-ch 78 Divisions 641-170.4

22

lAC 8/26/87 Index

\..,./- ~IC HEALTH DEPARTMENT(cont'd)

Embalming facilities 641-ch 86 Eyeglasses 641-ch 121 Facilities council 641-202.7(1), 202.10 Family/community health 641-170.4(4) Family planning 641-ch 74, 170.4(4) Food program, women/children 641-ch 73 Garbage/refuse 641-ch 16

PUBL

Health maintenance organizations (HMO) 191-ch 40; 641-170.4(3), 202.9(5)d Health planning 641-170.4(2) Hearings, administrative 481- ch 5; 641-ch 173

1 ~~emaker-home health aide services 641-ch 80, 170.4(4) '--"' • Hospitals 641-chs 75, 201- 204

Immunization 641-ch 7 Information 641-170.3(1), 170.8, 171.1(2) Laboratories, blood tests 641-ch 3 Mass gatherings 641-ch 19 Medical examiner, county 641-ch 127 Mental retardation 641-202.2"d", 203.6 Migratory labor camps 641-ch 81 Milk/dairy products 641-ch 13 Nurses, public health 641-ch 79, 170.4(4) Nursing board 655-chs 1 - 7

:·~tetrical care, indigents 641-ch 75 ~-- u.t:ganization 641-ch 170

Paramedics 641-ch 132, see also MEDICAL TECHNICIANS AND PARAMEDICS Plumbing, uniform code 641-ch 25; 680-16.400 Radiation equipment supervision 641-170.4(3), see RADIATION MACHINES AND

RADIOACTIVE MATERIALS,· X RAYS Records 641-chs 95, 96, 99, 100.7, 102- 104, see also VITAL STATISTICS Registrars 641-chs 95, 96, 98, 99 Renal disease 641-ch 111, 170.4(2) Reports 641-ch 204 Research, animal 641-ch 128 Rulemaking 641-chs 170, 171, 202.9 Sanitation 641-chs 10, 13, 15- 19

. ~xual assault 641-ch 8

...._} ~ndards committee, planning 641-ch 200 Substance abuse 641-ch 91, 170.4(5,6), 203.11 Swimming pools 641-ch 15 Veterans training program 670-25.6- 25.8 Vital statistics 641-chs 95, 96, 98, 102- 104, 170.4(1), see also

VITAL STATISTICS Water, see WATER WIC program 641-ch 73

22a

PUBL Index

PUBLIC INSTRUCTION DEPARTMENT See alxo EDUCATION DEPARTMENT Administration

lAC 10/8/86, 2/25/87 ----~?--~

Department 670-ch 49 Endorsements, administrators Schools 670-3.3, 3.4(9)

670-15.28. 15.34- 15.36. 15.39, 70.22, 70.23

Adult education 670-5.4(3), Advisory committees

Elementary-secondary school Duties 670-75.3 Membership 670-75.1.

Finances 670-75.11 Merged area school

Duties 670-75.7

5.4(6)c·, ch 34

75.2, 75.4, 75.6

Membership 670-75.5, 75.6, 75.8 Organization 670-75.10

Appeals/hearings 670-5.39, 9.17, 12.32- 12.45, ch 51 Approval. schools/school districts 670-ch 3, 5.1 0, see also Standards, Schools below Area education agency

Administrator 670-15.39, 71.7 Bus routes 670-22.1. 22.2 Computer services 670-ch 55 Definitions 670-40.2, 40.3, 41.2 Gifted/talented student placement 670-56.6, 56.8 Improvement projects 670-ch 60 Media centers 670-3.5(21). ch 40 Program development 670-chs 12, 41. 55,

Programs/Plans below Support programs, dropouts 670-58.6

Area schools, see Merged Area.-; below

see also Special Education:

Buses, school 670-chs 22, 23, see also SCHOOLS Certificates 670....:.chs 13- 17. 70- 72. see also TEACHERS Child care· grants program 630-ch 27

~~ •••• i.

' ~· ~ ~

Coaches 670-15.27, 15.33(6), ch 65, 70.20(1). E.rtracurriculm· belou·

see also Inter.o;cho/a.o;tic Competition!_

Counselors 670-15.9, 15.24. 15.33(3), 15.35(6). 70.20(5,6) Data processing, educational 670-ch 55 Declaratory rulings 670-ch 53 Driver/safety education

Area schools, drinking driver 670-5.30 Automobile 670-6.1 - 6.11 Motorcycle 670-6.13 Motorized bicycle 670-6.12 Teachers 670-6.1, 6.12(4), 6.13(4), 16.11, 70.21(6)

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