Government : Governor extends State Public Health Emergency Declaration Updated Part 2

TELEHEALTH SERVICES

SECTION THIRTY-ONE. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to suspend the regulatory provision of Iowa Code chapters § 514C.34 to the extent that it excludes from the definition of telehealth the provision of services through audio-only telephone transmission, and I direct the Insurance Commissioner to use all available means, including the authority of Iowa Code §§ 505.8(1), (7), and 29C.19, to ensure that any health carrier, as defined in Iowa Code § 514J.102, shall reimburse a health care professional, as defined in Iowa Code § 514J.102, for medically necessary, clinically appropriate covered services by telehealth, as defined in § 514C.34(1) or via audio-only telephone transmission, provided to a covered person, as defined in Iowa Code § 514J.102, on the same basis and at the same rate as the health carrier would apply to the same health care services provided to a covered person by the health care professional in person for the duration of this proclamation. I also encourage all Iowa businesses to take any necessary action to remove cost-sharing or other financial barriers to the use of telehealth in their health insurance plans.

SECTION THIRTY-TWO. Pursuant to Iowa Code § 29C.6 (6), I continue to suspend the regulatory provisions of Iowa Code § 147.137 and Iowa Admin. Code rule 653-13.11, rule 641-155.2, and other implementing administrative rules establishing preconditions, limitations, or restrictions on the provision of telehealth or telemedicine services, and I temporarily suspend the regulatory provisions of Iowa Admin. Code rules 641-155.21(19) and 155.23(4) and other administrative rules which require face-to-face interactions with health care providers and impose requirements for residential and outpatient substance use disorder treatment and for face-to-face visitations.

PHARMACY THERAPEUTIC SUBSTITUTION

SECTION THIRTY-THREE. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Health, I temporarily suspend the regulatory provisions of Iowa Code § 155A.32 and any implementing administrative rules to the extent they prohibit the practice of therapeutic substitution by a pharmacist without prior consent by the prescriber. Suspension of this provision shall extend through the duration of this Proclamation and any further extension of this suspension. I hereby direct the board of pharmacy to provide additional guidance to licensees regarding the effect of this suspension.

SUSPENSION OF INVOLUNTARY DISCHARGE FOR NONPAYMENT

SECTION THIRTY-FOUR. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rules 481-57.14(1)(e) and 58.40(1)(c), permitting a residential care facility or nursing facility to involuntarily discharge or transfer a resident for nonpayment for the resident's stay.

COUNTY HOSPITAL BORROWING

SECTION THIRTY-FIVE. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, and at the request of a local governing body, I temporarily suspend the regulatory provisions of Iowa Code § 347.14(4), to the extent it prohibits a board of trustees of a county hospital from borrowing moneys, secured solely by hospital revenues, for the purpose of providing working capital or for general financing needs to sustain the hospital's operations.

PROFESSIONAL LICENSING RELIEF

SECTION THIRTY-SIX. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code chapters §§ 147.2, 148.3, 148.5, 148C.3, 152.7, 152B.7A, and any other implementing administrative rules to the extent they prohibit the practice of medicine and surgery, osteopathic medicine and surgery, nursing, respiratory care, and practice as a physician assistant for an individual who has not yet obtained an initial license, if the licensing board determines that the individual has completed sufficient education and should be granted an emergency license to practice in accordance with any guidance issued by the board. I hereby direct all regulatory agencies or boards governed by these provisions to provide additional guidance to licensees regarding the effect of these suspensions.

SECTION THIRTY-SEVEN. Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 147.10 and Iowa Admin. Code rules 653-9.13(6) and 9.14, rules 655-3.7(5), rules 645-261.8, and rules 645-326.9(8), and all other implementing administrative rules which prohibit the practice of medicine and surgery, osteopathic medicine and surgery, nursing, respiratory care, and practice as a physician assistant, by a licensee whose license is inactive or lapsed. Suspension of these provisions is limited to licenses which have lapsed or expired within the five (5) years prior to this Proclamation and is further limited to the provision of medical and nursing care and treatment of victims of this public health disaster emergency and solely for the duration of this Proclamation.

SECTION THIRTY-EIGHT. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 152.5 and Iowa Admin. Code r. 655-2.10(7)(a), which limit the number of clinical hours that can be satisfied through simulation activities for nursing education programs. Suspension of this provision shall extend through the duration of this Proclamation and any future extension of this suspension. I continue to direct the nursing board to provide additional guidance to licensees regarding the effect of this suspension, including guidance on obtaining an emergency license pursuant to this Proclamation.

SECTION THIRTY-NINE. Pursuant to Iowa Code § 29C.6(6), I continue yo temporarily suspend the regulatory provisions of Iowa Admin. Code rules 650-11.2(2), 11.3(2), 11.5(2), 11.6(2),13.2(2), and 20.6(2)(b)(8) requiring an applicant for initial licensure in dentistry, dental hygiene, assisting, or for a faculty permit to attest to current certification in cardiopulmonary resuscitation.

SECTION FORTY. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code § 47.10 and Iowa Admin. Code r. 657-2.3, 2.11(2), 3.5(1), and any other implementing administrative rules which prohibit the practice of pharmacy by a pharmacist licensee whose license is inactive or lapsed, or by a pharmacy technician trainee who is unable to become nationally certified due to closed testing locations. Suspension of these provisions is limited to pharmacist licenses which have lapsed or expired within the five (5) years prior to this Proclamation, and is limited to pharmacy technician trainees whose trainee registration expires between March 18, 2020, and May 31, 2020, and who are unable to sit for the examination due to closed testing locations, and is solely for the duration of this Proclamation.

SECTION FORTY-ONE. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code chapters 80A, 88A, 88B, 89, 89A, 90A, 91C, 99D, 99F, 100C, 100D, 101A, 103, 105, 124, 126, 135, 136B, 136C, 147, 147A, 147B, 148, 148A, 148B, 148C, 148E, 148F, 149, 151, 152, 152A, 152B, 152C, 152D, 153, 154, 154A, 154B, 154C, 154D, 154E, 154F, 155, 155A, 156, 157, 158, 159, 169, 192, 206, 272, 272C, 321, 441, 455B, 459B, 481A, 502, 522B, 535B, 542, 542B, 543B, 543D, 544A, 544B, 544C, and any provisions of the Iowa Administrative Code implementing those chapters, to the extent they impose requirements for in-person continuing education as a condition of professional license renewal or impose continuing education deadlines or requirements that are unable to be satisfied due to this Disaster Emergency. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct all regulatory agencies or boards governed by these provisions to provide additional guidance to licensees regarding the effect of these suspensions.

SECTION FORTY-TWO. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code chapters 80A, 88A, 88B, 89, 89A, 90A, 91C, 99D, 99F, 100C, 100D, 101A, 103, 105, 124, 126, 135, 136B, 136C, 147, 147A, 147B, 148, 148A, 148B, 148C, 148E, 148F, 149, 151, 152, 152A, 152B, 152C, 152D, 153, 154, 154A, 154B, 154C, 154D, 154E, 154F, 155, 155A, 156, 157, 158, 159, 169, 192, 272, 272C, 321, 441, 455B, 459B, 481A, 502, 522B, 535B, 542, 542B, 543B, 543D, 544A, 544B, 544C, and any provisions of the Iowa Administrative Code implementing those chapters, to the extent they set an expiration date or renewal requirement for a professional license that expires during the duration of this Proclamation. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct all regulatory agencies or boards governed by these provisions to provide additional guidance to licensees regarding the effect of these suspensions.

SECTION FORTY-THREE. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r 281-79.16(4)(a), 645-31.6(2)(b)(12), 645-280.6(3), 645-240.6(2), 657-4.3, 645-300.3(4)(b)(2), 300.6(3)(a), and 300.6(3)(d), requiring the completion of clinical, practical, or internship experience as a condition of obtaining professional licensure to be a school administrator, mental health counselor, independent social worker, psychologist, pharmacist, or speech pathologist or audiologist. Suspension of these provisions shall extend through the duration of this [proclamation and any future extension of this suspension. I hereby direct all regulatory agencies or boards governed by these provisions to provide additional guidance to licensees regarding the effect of these suspensions.

SECTION FORTY-FOUR. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 272.2(17), 272C.3(1)(a), 543B.15(9), and 543D.22, and any provisions of the Iowa Administrative Code implementing those provisions, which require the completion of background checks for initial applicants as a condition of obtaining professional licensure. Suspension of these provisions shall apply during the duration of this Proclamation and any future extension of this suspension. I hereby direct all regulatory agencies or boards governed by these provisions to, upon the expiration of this Disaster Emergency, conduct background checks for those applicants and take any necessary action resulting from completion of those checks, up to and including revocation of licensure.

SECTION FORTY-FIVE. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Health, I temporarily suspend the regulatory provisions of Iowa Code § 155A.7 and any implementing administrative rules to the extent they prohibit a pharmacist who is licensed in another state from engaging in the practice of pharmacy in this state prior to obtaining an Iowa pharmacist license due to requirements that are unable to be satisfied due to this Disaster Emergency. Suspension of this provision shall extend through the duration of this Proclamation and any further extension of this suspension. I hereby direct the Board of Pharmacy to provide additional guidance regarding the effect of these suspensions.

SECTION FORTY-SIX. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Health, I temporarily suspend the regulatory provisions of Iowa Code § 155A.8 and any implementing administrative rules for an individual who has not yet obtained an initial license, if the board of pharmacy determines that the individual has completed sufficient education, is unable to sit for the required exams due to closed testing locations, and should be granted an emergency license to practice until such time as the individual is able to sit for the required exams in accordance with any guidance issued by the board. I hereby direct the board of pharmacy to provide additional guidance to applicants and licensees regarding the effect of this suspension.

SECTION FORTY-SEVEN. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 542B.13 and Iowa Admin. Code r. 193C-3.1(1) and 193C-3.2, setting an application expiration date and deadline for taking certain examinations to be licensed as a professional engineer or land surveyor.

SECTION FORTY-EIGHT. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 543D.8 and Iowa Admin. Code r 193F-3.2, 193F-5.3, and 193F-6.3 and any other implementing administrative rules establishing examination deadlines as a condition for initial licensure for appraisers.

SECTION FORTY-NINE. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 542.5 and Iowa Admin. Code r 193A-3.6(1) and any other implementing administrative rules establishing an 18-month examination deadline as a condition for initial licensure for prospective certified public accountants.

SECTION FIFTY. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 655-3.4(4) requiring an applicant for a nursing license to complete an examination within ninety-one days of board authorization.

SECTION FIFTY-ONE. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 657-2.4(2) requiring an applicant for a pharmacist license to complete all components in Iowa within a period of one year from the date the candidate passed the initial component.

SECTION FIFTY-TWO. Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 645-280.2 and 645-31.18, to the extent that they require out-of-state marital, family therapy, and mental health counselors, or social workers who provide services by telephone or other electronic means to individuals in the State of Iowa to be licensed in Iowa.

SECTION FIFTY-THREE. Pursuant to Iowa Code section 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Chapter 80B, and any provisions of the Iowa Administrative Code implementing those chapters, to the extent they set an expiration date, certification requirements, renewal requirement, or deadline for professional certification, or specialty certifications that expire during the duration of this proclamation. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct the Iowa Law Enforcement Academy and its Council to provide additional guidance to certified peace officers and holders of specialty certificates regarding the effect of these suspensions.

SECTION FIFTY-FOUR. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin. Code r. 641-29.6(3) requiring an applicant for a license as a plumbing or mechanical system professional to complete an examination within one year from the date of the application. I hereby direct the plumbing and mechanical systems board to provide additional guidance to its applicants and licensees regarding this suspension.