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Gov. Reynolds signs new proclamation continuing the State Public Health Emergency Declaration


This news story was published on May 26, 2020.
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Kim Reynolds

DES MOINES – Today, Governor Reynolds signed a new proclamation continuing the Public Health Disaster Emergency until June 25, 2020.

As previously announced, the proclamation permits bars, wineries, breweries, distilleries, and social and fraternal clubs may reopen on May 28 with the same public health measures as restaurants in place.

The proclamation also permits the reopening on June 1 of additional establishments, including outdoor performance venues, casinos, bowling alleys, amusement parks, skating rinks, skate parks, outdoor playgrounds.

The proclamation again permits social, community, recreational, leisure, and sporting gatherings and events of more than 10 people if public health measures are implemented, including limiting attendance to 50% of the venue capacity and maintaining six feet of distance between those attending. This also allows practices, games, and competitions for youth and adult baseball, softball, and individual sports such as running, biking, swimming, tennis, and golf to resume with appropriate public health measures in place.

And the proclamation extends regulatory relief to those affected by this public health emergency until June 25.

The full proclamation is online in its entirety and substantive information can be found below:

NOW THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa, by the power and authority vested in me by the Iowa Constitution, Art. IV, §§ 1, 8 and Iowa Code §§ 29C.6(1), 135.140(6), and 135.144 do hereby proclaim a STATE OF PUBLIC HEALTH DISASTER EMERGENCY continues to exist throughout the entire state of Iowa and do hereby ORDER and DIRECT the following:

PROTECTION OF VULNERABLE IOWANS

SECTION ONE.  I continue to strongly encourage all vulnerable Iowans, including those with preexisting medical conditions and those older than 65, in all counties of the state to continue to limit their activities outside of their home, including their visits to businesses and other establishments and their participation in gatherings of any size and any purpose. And I encourage all Iowans to limit their in-person interactions with vulnerable Iowans and to exercise particular care and caution when engaging in any necessary interactions.

REOPENING OF BUSINESSES AND ESTABLISHMENTS

SECTION TWO.  Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby order that effective at 12:01 a.m. on May 28, 2020 and until 11:59 p.m. on June 17, 2020:

A.   Restaurants and bars: A restaurant or bar, including a wedding reception venue, winery, brewery, distillery, country club, or other social or fraternal club, may reopen or remain open to serve food and beverages on its premises, but only to the extent that it complies with the following requirements:

(1)  Capacity limited: The establishment must limit the number of customers present at indoor or outdoor spaces to 50% of its normal operating seating capacity to ensure adequate spacing of groups. An establishment that ordinarily has a larger operating capacity for patrons standing is not prohibited from adding additional tables and chairs, provided that doing so complies with all other provisions of this Proclamation and any other applicable law.

(2)  Groups limited: The establishment must limit party size seated together to no more than ten people.

(3)  Social distancing: The establishment must ensure at least six feet of physical distance between each group or individual dining or drinking alone. Seating at booths closer than six feet may satisfy this requirement if the booths are separated by a barrier of a sufficient height to fully separate seated customers. All patrons must have a seat at a table or bar, and an establishment must limit patrons from congregating together closer than six feet.

(4)  Self-service prohibited:  The establishment must not have any self-service of food, including buffets or salad bars.

(5)  Live performances: An establishment may have live music performances, provided that any performer remains at least six feet away from patrons and other performers, and the establishment does not permit patrons from congregating together closer than six feet.

(6)  Other social distancing, hygiene, and public health measures: The restaurant shall also implement reasonable measures under the circumstances of each restaurant to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Inspections and Appeals and the Iowa Department of Public Health.

B. Fitness centers: A fitness center, health club, health spa, or gym may reopen or remain open, but only to the extent that it complies with the following requirements:

(1)  Capacity limited: The establishment must limit the number of customers present to 50% of its maximum legal occupancy capacity.

(2)  Social distancing: The establishment must ensure that all equipment, such as treadmills, bikes, weight machines, benches, and power racks, are spaced at least six feet apart or take other appropriate measures to ensure that more closely spaced equipment is not used.

(3)  Group activities: Any group activities or classes must be limited to a number of people that permits maintaining a distance of six feet apart at all times.

(4)  Other social distancing, hygiene, and public health measures: The establishment shall also implement reasonable measures under the circumstances of each establishment to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

C.   Malls: An enclosed mall may reopen or remain open, but only to the extent that it complies with the following requirements:

(1)  Capacity limited: The mall must limit the number of customers present to 50% of its maximum legal occupancy capacity.

(2)  Common seating areas: All common seating areas, such as food courts, shall remain closed. Restaurants in food courts may operate on a carry-out basis.

(3)  Play areas: Any play area or playground must remain closed.

(4)  Social distancing, hygiene, and public health measures: The mall shall also implement reasonable measures under the circumstances of each mall to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

D.   Other retail establishments: A retail establishment that was previously ordered to be closed statewide and then only in certain counties under section 5, paragraph I, of the Proclamation of Disaster Emergency issued on April 27, 2020 , may reopen or remain open, but only to the extent that it limits the number of customers present to 50% of its maximum legal occupancy capacity and implements reasonable measures under the circumstances of each establishment to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

E. Salons: A salon, including any establishment providing the services of cosmetology, electrology, esthetics, nail technology, manicuring, and pedicuring, all as defined in Iowa Code § 157.1, may reopen, but only to the extent that it complies with the following requirements:

(1)  Capacity limited: The salon must limit the number of customers present to 50% of its maximum legal occupancy capacity.

(2)  Appointment only: The salon must operate on an appointment basis to ensure that the public is not gathering in a waiting area.

(3)  Social distancing: The salon must ensure that all customers are at least six feet apart when performing cosmetology practices.

(4)  Other social distancing, hygiene, and public health measures: The salon shall also implement reasonable measures under the circumstances of each salon to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

F. Barbershop: A barbershop, as defined in Iowa Code § 158.1, may reopen, but only to the extent that it complies with the following requirements:

(1)  Capacity limited: The barbershop must limit the number of customers present to 50% of its maximum legal occupancy capacity.

(2)  Appointment only: The barbershop must operate on an appointment basis to ensure that the public is not gathering in a waiting area.

(3)  Social distancing: The barbershop must ensure that all customers are at least six feet apart when performing barbering services.

(4)  Other social distancing, hygiene, and public health measures: The barbershop shall also implement reasonable measures under the circumstances of each barbershop to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

G.   Medical spas: A medical spa, as defined in Iowa Admin Code § 653-13.8(1), may reopen or remain open to provide medical aesthetic services, but only if the medical spa complies with the requirements for performing outpatient procedures that utilize PPE in section 9, paragraph A, of this Proclamation.

H.   Tanning facilities: A tanning facility, as defined by Iowa Code § 136D.2(5), may reopen or remain open, but only to the extent that the facility takes reasonable measures under the circumstances of each facility to ensure social distancing of employees and patrons, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with Guidance issued by the Iowa Department of Public Health.

I. Massage therapy establishments: An establishment where an individual is practicing massage therapy as defined by Iowa Code § 152C.1(3) may reopen, but only to the extent that the establishment takes reasonable measures under the circumstances of each establishment to ensure social distancing of employees and patrons, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with Guidance issued by the Iowa Department of Public Health.

J. Tattoo establishments: A tattoo establishment, as regulated by Iowa Code § 135.37, may reopen, but only to the extent that the establishment takes reasonable measures under the circumstances of each establishment to ensure social distancing of employees and patrons, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with Guidance issued by the Iowa Department of Public Health.

K.   Campgrounds: Any public or private campground may reopen or remain open, provided that the campground implements reasonable measures under the circumstances of each campground to ensure social distancing, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

L. Race tracks: A speedway or race track, including a track conducting horse or dog races, may reopen or continue its operations, provided that it does not permit any spectators to attend its events in person until June 1, 2020. Effective 12:01 a.m. on June 1, 2020, a speedway or race track may permit spectators to attend, provided that the establishment complies with the following requirements:

(1)  Capacity limited: The establishment must limit the number of patrons present in any grandstands or other permanent seating to 50% of its normal operating capacity to ensure adequate spacing of groups.

(2)  Social distancing: The establishment must ensure at least six feet of physical distance between each group or individual attending alone when seated.

(3)  Other social distancing, hygiene, and public health measures: The establishment shall also implement reasonable measures under the circumstances of each establishment to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health and, for any food or beverage service, the Iowa Department of Inspections and Appeals.

M.  Libraries: A library may reopen or remain open provided that it limits the number of patrons present to 50% of its maximum legal occupancy capacity and implements reasonable measures under the circumstances of each library to ensure social distancing of employees and patrons, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

N.   Drive-in theaters: A drive-in movie theater may reopen or remain open, but only to the extent that the theater ensures that all cars are parked at least six feet apart and takes other reasonable measures under the circumstances of each theater to ensure social distancing of employees and patrons, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with Guidance issued by the Iowa Department of Public Health.

O.   Movie Theaters: Any theater at which motion pictures are shown may reopen or remain open, but only to the extent that the theater complies with the following requirements:

(1)  Capacity limited: The theater must limit the number of patrons present in any individual theater to 50% of its normal operating capacity to ensure adequate spacing of groups.

(2)  Social distancing: The theater must ensure at least six feet of physical distance between each group or individual attending alone when seated in the theater.

(3)  Self-service prohibited:  The theater must not have any self-service of food.

(4)  Other social distancing, hygiene, and public health measures: The theater shall also implement reasonable measures under the circumstances of each theater to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health and, for any food service, the Iowa Department of Inspections and Appeals.

P. Museums, aquariums, and zoos: A museums, aquarium, or zoo may reopen, but only to the extent that the establishment takes reasonable measures under the circumstances of each establishment to ensure social distancing of employees and patrons, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with Guidance issued by the Iowa Department of Public Health.

Q.   Swimming pools: A swimming pool, as defined in Iowa Code § 135I.1 may reopen for the limited purpose of lap swimming and conducting swimming lessons (including life guard training), but only to the extent that the establishment operating the pool takes reasonable measures under the circumstances of each establishment to ensure social distancing of employees and patrons, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with Guidance issued by the Iowa Department of Public Health. Except for these limited purposes, all swimming pools and spas, wading pools, water slides, wave pools, spray pads, and bath houses, as defined in Iowa Code § 135I.1, shall continue to be closed.

REOPENING OF BUSINESSES AND ESTABLISHMENTS

(June 1, 2020)

SECTION THREE.  Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby order that effective at 12:01 a.m. on June 1, 2020 and until 11:59 p.m. on June 17, 2020:

A.   Outdoor Performance Venues: An outdoor theater or performance venue where live performances are held may open or reopen to patrons, but only to the extent that it complies with the following requirements:

(1)  Capacity limited: The establishment must limit the number of patrons present in any grandstands or other permanent seating to 50% of its normal operating capacity to ensure adequate spacing of groups.

(2)  Social distancing: The establishment must ensure at least six feet of physical distance between each group or individual attending alone when seated.

(3)  Other social distancing, hygiene, and public health measures: The establishment shall also implement reasonable measures under the circumstances of each establishment to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health and, for any food or beverage service, the Iowa Department of Inspections and Appeals.

Until June 1, 2020, all outdoor theaters and performance venues where live performances are held shall continue to be closed.

B. Casinos and gaming facilities: A casino or other facility conducting pari-mutuel wagering or gaming operations may reopen, but only to the extent that it complies with the following requirements:

(1)  Capacity limited: The establishment must limit the number of patrons present on the gaming floor and waging area to 50% of its gaming or wagering positions as determined by the Racing and Gaming Commission.

(2)  Social distancing: The establishment must ensure that all wagering and gaming positions are spaced at least six feet apart or take other appropriate measures to ensure that more closely spaced positions are not used. Positions closer than six feet may satisfy this requirement if the positions are separated by a barrier of a sufficient height to fully separate patrons at each position.

(3)  Food and Beverage Service: The establishment shall comply with all the requirements of bars and restaurants in this Proclamation for any food and beverage service and shall not have any self-service of food, including buffets or salad bars.

(4)  Other social distancing, hygiene, and public health measures: The establishment shall also implement reasonable measures under the circumstances of each establishment to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health and, for any food or beverage service, the Iowa Department of Inspections and Appeals.

Until June 1, 2020, all such facilities shall continue to be closed, except that a race track conducting pari-mutuel wagering may reopen provided that it does not permit any spectators to attend its events in person.

C.   Amusements: A bingo hall, bowling alley, pool hall, arcade, or amusement parks may reopen, but only to the extent that the establishment limits the number of customers present to 50% of its maximum legal occupancy capacity and takes reasonable measures under the circumstances of each establishment to ensure social distancing of employees and patrons, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with Guidance issued by the Iowa Department of Public Health. Until June 1, 2020, all bingo halls, bowling alleys, pool halls, arcades, and amusement parks shall continue to be closed.

D.   Skating rinks and skate parks: An indoor or outdoor roller or ice skating rink or skate parks may reopen, but only to the extent that the establishment limits the number of customers present to 50% of its maximum legal occupancy capacity and takes reasonable measures under the circumstances of each establishment to ensure social distancing of employees and patrons, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with Guidance issued by the Iowa Department of Public Health. Until June 1, 2020, all indoor or outdoor roller or ice skating rinks and skate parks shall continue to be closed.

E. Outdoor playgrounds: An outdoor playground may reopen. Until June 1, 2020, all outdoor playgrounds shall continue to be closed.

EXTENSIONS OF CLOSURES AND ORDERS

SECTION FOUR.  Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby extend the following orders until 11:59 p.m. on June 17, 2020:

A.   Theaters: All indoor theaters and other indoor performance venues at which live performances are held shall continue to be closed.

B. Senior citizen centers and adult daycare facilities:  All facilities that conduct adult day services or other senior citizen centers shall continue to be closed.

C.   Indoor playgrounds: All indoor playgrounds or children’s play centers shall continue to be closed.  This order does not apply to playgrounds in private residences or childcare facilities.

MASS GATHERINGS

(Until May 31, 2020)

SECTION FIVE.  Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, social, community, recreational, leisure, and sporting gatherings and events of more than 10 people shall continue to be prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers until 11:59 p.m. on May 31, 2020.

A.   Spiritual and religious gatherings are not prohibited by this section, but a church, synagogue, or other host of a spiritual or religious gathering shall implement reasonable measures under the circumstances of each gathering to ensure social distancing of employees, volunteers, and other participants, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

B. A gathering of people inside parked cars, trucks, or other enclosed motor vehicles shall not constitute a gathering of more than 10 people if no more than 10 people are inside each vehicle, all people remain inside the vehicle at all times.

C.   Planned large gatherings and events must be canceled or postponed until after termination of this disaster.

MASS GATHERINGS

(Effective June 1, 2020)

SECTION SIX.  Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, effective 12:01 a.m. on June 1, 2020, and continuing until 11:59 p.m. on June 17, 2020:

A.   A social, community, recreational, leisure, or sporting gathering or event, including but not limited to a parade, festival, convention, or fundraiser, of more than ten people may be held, but only if the gathering complies with all other relevant provisions in this Proclamation and the following requirements:

(1) Capacity limited: The gathering organizer must limit the number of participants present in any indoor venue to 50% of its normal operating capacity to ensure adequate spacing of groups. The gathering organizer must limit the number of participants present in any outdoor venue with grandstands or other permanent seating to 50% of its normal operating capacity and the number of participants in other outdoor settings to a number that permits the social distancing required by paragraph 2.

(2) Social distancing: The gathering organizer must ensure at least six feet of physical distance between each group or individual attending alone.

(3) Other social distancing, hygiene, and public health measures: The gathering organizer shall also implement reasonable measures under the circumstances of each gathering to ensure social distancing of gathering participants, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health and, for any food service, the Iowa Department of Inspections and Appeals.

Any social, community, recreational, leisure, and sporting gatherings and events of more than 10 people that does not comply with these requirements shall continue to be prohibited at all locations and venues.

B. Non-school sporting and recreational events: Practices, games, and competitions for baseball, softball, and individual sports, such as running, biking, swimming, tennis, and golf, are not prohibited by this section even where athletes may have some contact within six feet, provided that the organizer of such activities and events implements reasonable measures under the circumstances of each gathering to ensure reasonable social distancing, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

C.   Spiritual and religious gatherings: Spiritual and religious gatherings, including any funerals or weddings, are not prohibited by this section. But a church, synagogue, or other host of a spiritual or religious gathering shall implement reasonable measures under the circumstances of each gathering to ensure social distancing of employees, volunteers, and other participants, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.

FARMERS MARKETS

SECTION SEVEN.  Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, until 11:59 p.m. on June 17, 2020, farmers markets, as defined in Iowa Code § 137F shall not be prohibited as a mass gathering under this Proclamation of Disaster Emergency, but only to the extent that the farmers market complies with the following requirements:

A.   Farm Products and Food: The farmers market may only permit vendors who sell farm products or food. Vendors selling other goods or services are not permitted.

B. Entertainment and Activities Prohibited: Children’s activities, contests, or other entertainment or activities organized by the farmers market or vendors are prohibited.

C.   Common Seating Prohibited: Farmers markets must eliminate all common seating areas, picnic tables, or dining areas and shall prohibit vendors from having any seating for the public to congregate or eat food on the premises.

D.   Vendor Spacing: Farmers markets shall space all vendor booths or assigned parking areas so that there is six feet or more of empty space from the edge one vendor’s assigned areas to the neighboring vendor.

E. Social distancing, hygiene, and public health measures: Farmers markets shall also implement reasonable measures under the circumstances of each market to ensure social distancing of vendors and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 at farmers markets consistent with guidance issued by the Iowa Department of Public Health, Iowa Department of Agriculture and Land Stewardship, Iowa Department of Inspections and Appeals, and Iowa State University Extension and Outreach.

Any other farmers market that does not comply with these requirements is prohibited. Customers of farmers markets are strongly encouraged to engage in social distancing, wear a mask or other protective face-covering if unable to maintain a distance of six feet from others, practice good hygiene practices, and attend the market alone without other family members.

AUCTIONS

SECTION EIGHT.  Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, any auctions may continue to operate, but only if the auction complies with the following requirements:

A.   Capacity limited: The auction organizer must limit the number of participants present in any indoor venue to 50% of its normal operating capacity to ensure adequate spacing of groups. The gathering organizer must limit the number of participants present in any outdoor venue with grandstands or other permanent seating to 50% of its normal operating capacity and the number of participants in other outdoor settings to a number that permits the social distancing required by paragraph B.

B. Social distancing: The gathering organizer must ensure that at all groups or individuals attending alone maintain at least six feet of physical distance.

All other auctions not in compliance with these requirements continue to be prohibited until 11:59 p.m. on June 17, 2020, at all locations and venues.

NONESSENTIAL OR ELECTIVE SURGERIES AND PROCEDURES

SECTION NINE.  Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I continue to order that until this disaster proclamation expires:

A.   A hospital, outpatient surgery provider, or outpatient procedure provider may conduct in-patient surgeries and procedures that, if further delayed, will pose a significant risk to quality of life and any outpatient surgeries or procedures if the hospital or provider complies with the following requirements:

(1)  A hospital or provider must have:

(a)  Adequate inventories of personal protective equipment (PPE) and access to a reliable supply chain without relying on state or local government PPE stockpiles to support continued operations and respond to an unexpected surge in a timely manner; and

(b)  A plan to conserve PPE consistent with guidance from the CDC and Iowa Department of Public Health;

(2)  A hospital or provider must have a plan for timely COVID-19 testing of symptomatic patients and staff to rapidly mitigate potential clusters of infection and as otherwise clinically indicated. Providers must comply with any relevant guidance related to testing requirements for patients and staff issued by the Iowa Department of Public Health, the CDC, or a provider’s professional specialty society. For scheduled surgeries patients should have a negative COVID-19 test performed within 48 hours of surgery date.  If a COVID-19 test is not available, a hospital or provider should consider alternative methods to determine the patient’s probability of COVID-19. If the patient has symptoms of fever, cough, or low oxygen saturation, then postponing the surgery is recommended.

(3)  A hospital must continue to accept and treat COVID-19 patients and must not transfer COVID-19 patients to create capacity for elective procedures.

(4)  A hospital must reserve at least 20% of intensive care unit (ICU) beds and 30% of medical/surgical beds for COVID-19 patients.

(5)  A hospital or provider that begins conducting surgeries or procedures as authorized by this paragraph but is no longer able to satisfy all these requirements must cease conducting such surgeries or procedures except as authorized by paragraph B.  All hospitals and providers shall have a plan in place to monitor compliance and a transition plan to reduce or suspend procedures and surgeries as necessary.

B. Except as provided in paragraph A, all nonessential or elective surgeries and procedures that utilize PPE must not be conducted by any hospital, outpatient surgery provider, or outpatient procedure provider, whether public, private, or nonprofit.

C.   A nonessential surgery or procedure is one that can be delayed without undue risk to the current or future health of a patient, considering all appropriate factors including, but not limited to any: (1) threat to the patient’s life if the surgery or procedure is not performed; (2) threat of permanent dysfunction of an extremity or organ system; (3) risk of metastasis or progression of staging; and (4) risk of rapidly worsening to severe symptoms.

D.   Each hospital, outpatient surgery provider, and outpatient procedure provider shall limit all nonessential individuals in surgery and procedure suites and patient care areas where PPE is required. Only individuals essential to conducting the surgery or procedure shall be present in such areas.

E. Each hospital, outpatient surgery provider, and outpatient procedure provider shall establish an internal governance structure to ensure that the principles outlined above are followed.

DENTAL SERVICES

SECTION TEN.  Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I continue to order that until this disaster proclamation expires:

A.   A dentist and his or her dental staff may resume providing any dental services if the dentist complies with the following requirements:

(1)  All dental services are provided in compliance with the Guidelines for the Safe Transition Back to Practice adopted by the Iowa Dental Board on May 5, 2020.

(2)  The dentist has adequate inventories of personal protective equipment (PPE) and access to a reliable supply chain without relying on state or local PPE stockpiles to comply with the Guidance for Returning to Work During COVID-19.

(3)  The dentist has a plan to conserve PPE consistent with guidance from the CDC and Iowa Department of Public Health.

B. The performance of any dental procedures except in compliance with paragraph A continue to be prohibited.

C.   This order shall be enforced by Iowa Dental Board investigators or their designees who, pursuant to Iowa Code § 153.33(1)(b), shall have the powers and status of peace officers when enforcing this order.

ELECTION ACTIVITIES

SECTION ELEVEN.  Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby order that:

A.   Voting and Election Training: The prohibitions on certain mass gatherings in this Proclamation of Disaster Emergency shall not be construed to limit any person from voting or attending training for precinct election officials.

B. Use of Facilities: The closures of any school, establishment or other facilities in this Proclamation of Disaster Emergency shall not be construed to prohibit the operation of a polling place or in-person absentee voting location at the school, establishment, or other facility.

MANDATORY SCREENING OF HEALTH FACILITY STAFF

SECTION TWELVE.   Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to order all hospitals, nursing facilities, intermediate care facilities, residential care facilities, hospice programs, and assisted living programs to screen all staff at the beginning of their shift for fever or respiratory symptoms, absence or shortness of breath, new or change in cough, or sore throat, take the employee’s temperature, and take any preventative measures based on that screening to prevent the spread of COVID-19 within the hospitals, nursing facilities, intermediate care facilities, hospice programs, residential care facilities, and assisted living programs.

SCHOOL CLOSURES

SECTION THIRTEEN.  Pursuant to Iowa Code § 135.144(13), and in conjunction with the Iowa Department of Public Health and the Iowa Department of Education, unless otherwise modified by subsequent proclamation, a public school or nonpublic school, as defined in Iowa Code § 280.2, may reopen for school-sponsored activities and learning effective June 1, 2020, but only to the extent that such activities and learning are consistent with guidance of the Iowa Department of Education, the Iowa High School Athletic Association, and the Iowa Girls High School Athletic Union, as applicable. Any such school-sponsored activity that is conducted consistent with this guidance shall not be a violation of the prohibition on certain mass gatherings under this Proclamation.

SECTION FOURTEEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 256.7(26)(a) and 256.11(5) and Iowa Admin. Code rule 281- 12.5(5), requiring curriculum standards and completion of specific units of credit for completion of a high school program of study, to the extent such provisions would hinder Iowa school districts in assisting the Iowa high school graduating class of 2020 in completing a course of study during this disaster emergency.

SECTION FIFTEEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 256.11(6)(c) and Iowa Admin. Code rule 281- 12.5(20), requiring each Iowa pupil physically able to do so to complete a psychomotor course that leads to certification in cardiopulmonary resuscitation (CPR) in order to graduate from high school, to the extent such provisions would hinder Iowa school districts in assisting the Iowa high school graduating class of 2020 in completing a course of study during this disaster emergency.

SECTION SIXTEEN.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 256.16(1)(a)(2)(d) and (m) and Iowa Admin. Code rules 281-77.10 (9), 281-79.14(5), and 281-79.14(7), to the extent that they require a minimum number of hours of field experience if the higher education institution providing practitioner preparation program determines that the student has completed sufficient field experience to determine that the student should be recommended for licensure.

SECTION SEVENTEEN.  Pursuant to Iowa Code §29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 100.31, prescribing that not less than four fire drills and not less than four tornado drills be conducted in all school buildings each school year, with not less than two drills of each type be conducted between January 1 and June 30 of each year.

GRADUATION PARTICIPATION

OF RETIRED SCHOOL EMPLOYEES

SECTION EIGHTEEN.  Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code § 97B.52A, Iowa Admin. Code rule 495-11.5, and any other implementing rule or guidance, to the extent those provisions would disqualify a member who is a school district employee from qualifying for a bona fide retirement or being eligible to receive retirement benefits because the member participates as an unpaid volunteer in a high school graduation ceremony that was delayed until after the member’s retirement on account of this public health disaster emergency or in preparation activities for the ceremony, even if such participation would have been a part of the member’s normal duties or a traditionally paid position.

SCHOOL DISTRICT BUDGET CERTIFICATIONS

SECTION NINETEEN.  Pursuant to Iowa Code § 29C.6(6), and at the request of the Iowa Association of School Boards on behalf of numerous local governmental bodies, I temporarily suspend the regulatory provisions of Iowa Code § 24.17 to the extent that it requires certification of school district budgets by April 15 and to the extent that it could be interpreted to prohibit the electronic submission of the budget by email to the county auditor for any school district that has submitted the budget before June 1, 2020, whether submitted on paper or by email transmission.

SCHOOL START DATE

FOR 2020-2021 SCHOOL CALENDAR

SECTION TWENTY.  Pursuant to Iowa Code §§ 29C.6(6) and 135.144(3), in conjunction with the Iowa Department of Public Health, and at the request of Iowa Association of School Boards on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code § 279.10(1), to the extent that it prohibits a school district or accredited nonpublic school from beginning its school calendar before August 23, 2020, but only if the school district adopts a calendar as a part of its Return to Learn Plan submitted to the Iowa Department of Education that ensures that any instructional time scheduled before August 23, 2020, is in excess of the minimum instructional time of one hundred eighty days or one thousand eighty hours. This suspension applies only to the 2020-2021 school calendar as a result of the school closures ordered during this public health disaster emergency.

PRIVATE INSTRUCTION REQUIREMENTS

SECTION TWENTY-ONE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Administrative Code rule 281-31.3(3)(a), requiring face-to-face contact between children receiving competent private instruction from privately retained licensed practitioners and those practitioners.

SECTION TWENTY-TWO.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code sections 299A.3 and 299A.4, and Iowa Administrative Code rules 281-31.8 and 281-31.9, which require an annual assessment of children receiving competent private instruction and setting deadlines for reporting of assessment results.

SECTION TWENTY-THREE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Administrative Code rule 281-31.4(3)(a), requiring face-to-face contact between children receiving competent private instruction from home school assistance program teachers and those teachers.

SECTION TWENTY-FOUR.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code section 299A.1(2)(b) and Iowa Administrative Code rules 281-31.1(2)(b) and 281-31.11, governing the provision of independent private instruction.

INTERSCHOLASTIC ATHLETICS REQUIREMENTS

SECTION TWENTY-FIVE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Administrative Code rule 281-36.15(2), the scholarship rule for interscholastic athletics.  When school resumes and athletic competitions resume, all student athletes will be deemed to be academically eligible.

SECTION TWENTY-SIX.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Administrative Code rule 281-36.15(3) and (4), the transfer rule for interscholastic athletics, to the extent that these subrules require a certain number of school days of ineligibility.  Any day that a school is closed pursuant to a proclamation of the Governor shall be counted toward the days required by Iowa Administrative Code rule 281-36.15(3) and (4).

REGULATORY RELIEF TO HEALTH CARE SYSTEM

SECTION TWENTY-SEVEN.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 135.61 through 135.73 requiring an institutional health facility to obtain a certificate of need prior to operating additional bed capacity. Suspension of these provisions is limited to the duration of this proclamation and is further limited to the provision of medical assistance and treatment of victims of this public health emergency.

SECTION TWENTY-EIGHT.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 135C.33 and Iowa Admin Code rules 481-50.9(3) & (9) and 67.19(3), requiring a health care facility and assisted living program to complete a criminal history check prior to employment of an individual in a health care facility or assisted living program, to the extent that a health care facility or assisted living program may employ an individual once that criminal history check is submitted, pending completion.

SECTION TWENTY-NINE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 135C.8 and Iowa Admin Code rules 481-58.3(3)(a), requiring a nursing facility to submit renewal applications at least 30 days in advance of license expiration.

SECTION THIRTY.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin Code rules 481-58.21(6)(d) & 65.17(1)(d), requiring nursing students to administer medications in nursing facilities and immediate care facilities for persons with mental illness only after successful completion of a medication aide course or challenge exam, to the extent the nursing student meets the requirements of Iowa Admin Code rules 481-58.21(6)(d)(1), (2), & (4), and 65.17(1)(d)(1), (2), & (4) and the facility has documentation that it has implemented training and supervision measures to ensure the student’s competency in safe medication administration.

SECTION THIRTY-ONE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin Code rules 481-57.20(1) & 58.23(1)(a), requiring residential care facilities and nursing facilities assist residents to obtain regular and emergency dental services, to the extent those facilities continue to assist residents in obtaining emergency dental services.

SECTION THIRTY-TWO.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Admin Code rules 481-57.23(1) & 58.26(1) requiring group activities provided by residential care facilities and nursing facilities.

SECTION THIRTY-THREE.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 481-58.47, permitting in-person visits with residents in nursing facilities.

SECTION THIRTY-FOUR.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 231C.3(1)(c) and Iowa Admin Code rules 481-69.22(2) & 481-57.22(3) requiring an assisted living program and residential care facility to update a tenant’s or resident’s service plan within thirty days of occupancy or admission.

SECTION THIRTY-FIVE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 231C.8(1) and Iowa Admin. Code rule 481-67.13(1) requiring an assisted living program to submit any additional or rebuttal information to the department within two working days of an exit interview at the conclusion of a monitoring evaluation or complaint investigation.

SECTION THIRTY-SIX.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 481-67.5(2) requiring a person administering medications in an assisted living program have, at a minimum, passed a medication manager course and examination. Suspension of this provision is effective on April 15, 2020, the date upon which that rule becomes effective.

SECTION THIRTY-SEVEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 481-69.29(5) & (6) requiring a new program manager and delegating nurse in assisted living programs complete an assisted living management class and/or an assisted living nursing class within six months of employment.

SECTION THIRTY-EIGHT.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 481-57.11(6) requiring a residential care facility employee have a physical examination no longer than twelve months prior to beginning employment, to the extent it is not feasible for a facility to obtain the required physical examination prior to beginning employment.

SECTION THIRTY-NINE.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 481-57.11(6) requiring a residential care facility screen and test an employee for tuberculosis pursuant to 481-Chapter 59 if it is not feasible for a facility to do so, to the extent the facility continues to perform and document sign/symptom review of new health care workers and residents and places the health care worker or resident on a callback list to test as soon as possible.

SECTION FORTY.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rules 481-57.19(3)(c) & 64.4(9)(b) requiring a person administering medications in a residential care facility and intermediate care facility for the intellectually disabled to complete a department-approved medication aide course and pass a department-approved medication aide exam, to the extent the person has successfully completed a state-approved medication manager course and passed a state-approved medication manager exam to administer medications.

SECTION FORTY-ONE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 481-57.22(1) requiring a residential care facility provide orientation within twenty-four hours of admission, to the extent the facility must continue to provide a review of the resident’s rights and the facility’s evacuation plan.

SECTION FORTY-TWO.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 135C.36 and Iowa Admin. Code rules 481-56.2 & 67.17, requiring fines for a health care facility or assisted living program, to the extent those fines may be issued in suspension.

SECTION FORTY-THREE.  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 Admin. Code r 641-136.2(2) related to trauma data registry reporting by trauma care facilities within certain timeframes.  I hereby direct the Iowa Department of Public Health to provide additional guidance to trauma care facilities regarding the effect of this suspension.

SECTION FORTY-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 continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r 641-137.2 and 137.3 related to initial and continuing trauma education requirements for trauma team members.  I hereby direct the Iowa Department of Public Health to provide additional guidance to trauma care facilities and trauma team members regarding the effect of this suspension

SECTION FORTY-FIVE.  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 § 135B.9(1)(a) requiring hospital inspectors be free of conflicts of interest.

SECTION FORTY-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 § 135B.20(1) and Iowa Admin. Code rule 481-51.1, and any statute or rule using terms defined in those provisions, defining a “doctor” and “medical staff” as requiring all doctors and medical staff be licensed to practice in this state, to the extent that individual is licensed to practice in another state or in accordance with Section 83 of this Proclamation of Disaster Emergency.

SECTION FORTY-SEVEN.  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 § 135B.34 and Iowa Admin Code rule 481-51.41, requiring a hospital to complete a criminal history check prior to employment of an individual, to the extent that a hospital may employ an individual once that criminal history check is submitted, pending completion.

SECTION FORTY-EIGHT.  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 Admin Code rule 481-51.4, requiring physical separation and distinction between a long-term acute care hospital located within a general hospital, to the extent that it is not feasible for a hospital to do so.

SECTION FORTY-NINE.  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 Admin Code rule 481-51.5(4), requiring written criteria for the granting of clinical privileges, to the extent that policies shall not be required to be rewritten to accommodate waivers provided by the State or the Centers for Medicare and Medicaid Services.

SECTION FIFTY.  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 Admin Code rule 481-51.6, requiring hospitals to adopt a statement of principles relating to patient rights and responsibilities, to the extent that policies shall not be require to be rewritten to accommodate waivers provided by the State or the Centers for Medicare and Medicaid Services.

SECTION FIFTY-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 Admin Code rule 481-51.9(1), requiring the clear definition of authority, responsibility, and function of each nurse, to the extent that there is evidence that each nurse has been assessed competent in any area where they function.

SECTION FIFTY-TWO.  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 Admin Code rule 481-51.9(2), requiring utilization of the nursing process, to the extent that it is not feasible to do so.

SECTION FIFTY-THREE.  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 Admin Code rule 481-51.9(4), to the extent that all nurses employed in a hospital who practice nursing as a registered nurse or licensed practical nurse must hold an active Iowa license, an active license in another state and be recognized for licensure in this state pursuant to the nurse licensure compact in Iowa Code section 152E.1, or be qualified for employment in accordance with Section 83 of this Proclamation of Disaster Emergency.

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 continue to temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-51.9(8), requiring the nursing service to have adequate numbers of licensed registered nurses, licensed practical nurses, and other personnel to provide nursing care, to the extent that the hospital has made all reasonable efforts to maintain sufficient staffing levels.

SECTION FIFTY-FIVE.  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 Admin Code rule 481-51.9(9), requiring written policies and procedures be established for the administrative and technical guidance of the personnel in the hospital and that each employee be familiar with those policies or procedures.

SECTION FIFTY-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 Admin Code rule 481-51.12, requiring hospital medical record and report maintenance, to the extent that records shall continue to be maintained as required by federal regulation.

SECTION FIFTY-SEVEN.  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 Admin Code rules 481-51.14(3), 51.14(4), and 51.15, requiring procedures for authentication of verbal orders and standing orders, to the extent that hospitals comply with federal regulation related to such orders.

SECTION FIFTY-EIGHT.  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 Admin Code rules 481-51.20(2)(d), requiring maintenance of a current diet manual, to the extent those manuals would be maintained at surge capacity sites.

SECTION FIFTY-NINE.  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 Admin Code rule 481-51.22, requiring hospital equipment be selected, maintained and utilized in accordance with the manufacturer’s specifications, to the extent it is not feasible to do so.

SECTION SIXTY.  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 Admin Code rule 481-51.24(1), requiring segregation of patients’ beds, to the extent hospitals take all reasonable precautions to provide for the prevention of cross-infections and the control of communicable diseases.

SECTION SIXTY-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 Admin. Code rule 481-51.24(3), requiring a hospital perform a health assessment and screen and test an employee for tuberculosis pursuant to 481-Chapter 59 if it is not feasible for a hospital to do so, to the extent the hospital continues to assess new employees for infectious or communicable diseases and perform and document sign/symptom review of new health care workers and residents and places the health care worker or resident on a callback list to test as soon as possible.

SECTION SIXTY-TWO.  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 Admin Code rule 481-51.30, requiring a hospital to have written policies and procedures specifying the scope and conduct of patient care to be provided in the emergency service, to the extent that policies shall not be required to be rewritten to accommodate this public health disaster emergency.

SECTION SIXTY-THREE.  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 Admin Code rule 481-51.50, requiring minimum standards of construction for hospitals, to the extent that the Department of Inspections and Appeals and State Fire Marshal’s Office have approved the location as one that sufficiently addresses safety and comfort for patients and staff.

SECTION SIXTY-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 continue to temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-51.53(4), requiring critical access hospitals maintain no more than 25 acute care inpatient beds.

SECTION SIXTY-FIVE.  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 Admin Code rule 481-51.53(5), requiring critical access hospitals meet the Medicare conditions of participation as described in 42 CFR Part 485, Subpart F, to the extent waivers have been issued by the Centers for Medicare and Medicaid Services.

SECTION SIXTY-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 Admin Code rule 481-58.11(1)(i), requiring a nurse aide who has not completed the state-approved 75-hour nurse’s aide program be required to participate in a structured on-the-job training program of 20 hours’ duration, to the extent that the individual has completed a comparable training course approved by the department of inspections and appeals or has completed at least 20 hours of the state-approved 75-hour nurse’s aide program and the facility has documentation that it has implemented training and supervision measures to ensure the individual’s competency in any tasks performed.

SECTION SIXTY-SEVEN.  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 Admin Code rule 481-58.11(1)(k), requiring that certified nurse aides who have received training other than the Iowa state-approved program must pass a challenge examination, to the extent that the individual is able to demonstrate competency in skills and techniques necessary to care for residents’ needs as required by 42 CFR § 483.35(c) and (d)(1)(i).

SECTION SIXTY-EIGHT.  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 Admin Code rule 441-81.13(19)(e)(2)(2), requiring that a facility not use any person working in the facility as a nurse aide for more than four months unless that person has completed a training and competency evaluation program approved by the department of inspections and appeals, to the extent that the individual is able to demonstrate competency in skills and techniques necessary to care for residents’ needs as required by 42 CFR § 483.35(c) and (d)(1)(i).

SECTION SIXTY-NINE.  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 Admin Code rule 441-81.16(5)(b)(2)(3) and (5)(c)(5)(2), requiring that the department of inspections and appeals remove certified nurse aides from the Iowa Direct Care Workers Registry if they have performed no nursing or nursing-related services for monetary compensation for a period of 24 consecutive months, to the extent that the individual is able to demonstrate competency in skills and techniques necessary to care for residents’ needs as required by 42 CFR § 483.35(c) and (d)(1)(i).

SECTION SEVENTY.  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 Admin Code rule 441-81.16(3), requiring minimum standards for nurse aide training and competency evaluation programs the department of inspections and appeals may approve, to the extent that the program has been approved by the Centers for Medicare and Medicaid Services.

SECTION SEVENTY-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 Admin Code rules 481-57.19(2)(f), 58.21(6)(e), 64.4(9)(d), and 65.17(1)(e) requiring a person who has written documentation of certification as a medication aide in another state complete a department-approved nurse aide competency examination and medication aide challenge examination, to the extent the individual is able to demonstrate competency in safe medication administration.

SECTION SEVENTY-TWO.  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 Admin. Code rules 481-57.26 and 67.3(6), to the extent those provisions permit in-person visits in residential care facilities or with tenants in an adult day service.

SECTION SEVENTY-THREE.  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 §§ 135C.16(1), 135C.38(1), and 135C.40(1)(a) to the extent those provisions require on-site inspections of health care facilities.

SECTION SEVENTY-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 continue to temporarily suspend the regulatory provisions of Iowa Code §§ 232.69 and 235B.3, and any provisions of the Iowa Administrative Code implementing those chapters, to the extent they require a person who is subject to the mandatory reporting requirements of those provisions to complete a training provided by the Department of Human Services within six months of initial employment. Suspension of these provisions does not affect the requirement that a person report cases of child or dependent adult abuse to the proper authorities.

TELEHEALTH SERVICES

SECTION SEVENTY-FIVE.  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 SEVENTY-SIX.  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 continue to 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 SEVENTY-SEVEN.  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 § 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 SEVENTY-EIGHT.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health, I continue to 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 SEVENTY-NINE.  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 continue to 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.

SECTION EIGHTY.  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 §§ 331.478(2) and 331.478(3) to the extent those provisions prevent a board of trustees of a county hospital from authorizing noncurrent debt for the purpose of providing working capital or for general financing needs to sustain the hospital’s operations and in the form of natural disaster loans from the state or federal government.

SECTION EIGHTY-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 §§ 331.478(2) and 331.479 to the extent those provisions require notice and publication of the proposed action prior to the authorization of noncurrent debt for the purpose of providing working capital or for general financing needs to sustain the hospital’s operations, so long as the board complies with the notice requirements contained Iowa Code § 21.4.

PROFESSIONAL LICENSING RELIEF

SECTION EIGHTY-TWO.  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 EIGHTY-THREE.  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 EIGHTY-FOUR.  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 EIGHTY-FIVE.  Pursuant to Iowa Code § 29C.6(6), I continue to 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 EIGHTY-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 § 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 EIGHTY-SEVEN.  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 EIGHTY-EIGHT.  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 EIGHTY-NINE.  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 NINETY.  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 NINETY-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 § 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 NINETY-TWO.  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 § 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 NINETY-THREE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rules 650-1-1.2, 650-11.5, 650-12.1, and 650-12.4 to the extent an applicant is required to complete specific examinations as a prerequisite for initial licensure as a dentist or dental hygienist, if the dental board determines that the applicant has completed sufficient education and should be granted a temporary license to practice in accordance with any guidance issued by the board. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct the dental board to provide additional guidance to applicants regarding the effect of this suspension, including guidance on obtaining a temporary license.

SECTION NINETY-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 continue to temporarily suspend the regulatory provisions of Iowa Code § 135.17(3) and Iowa Administrative Code rule 641-51.12 which require each local board of health to furnish the Iowa Department of Public Health with evidence by May 31 annually that each student enrolled in school within the local board’s jurisdiction has satisfied dental screening requirements.  I hereby direct the Iowa Department of Public Health to provide additional guidance to local boards of health regarding the effect of this suspension.

SECTION NINETY-FIVE.  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 NINETY-SIX.  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 NINETY-SEVEN.  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 NINETY-EIGHT.  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 NINETY-NINE.  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 ONE HUNDRED.  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 ONE HUNDRED ONE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 147.2, 148B.8, and 154B.4, and Iowa Admin. Code r. 645-201.3(4) and 645-208.3(4), to the extent that they require out-of-state physical therapists, physical therapist assistants, occupational therapists, occupational therapy assistants, speech pathologists, audiologists, optometrists, podiatrists, psychologists, dietitians, hearing aid specialists, physician assistants, behavior analysts, assistant behavior analysts, orthotists, pedorthists, and prosthetists who hold an active license in another state to be licensed in Iowa to provide services by telephone or other electronic means to individuals in the State of Iowa.

SECTION ONE HUNDRED TWO.  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 ONE HUNDRED THREE.  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 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.

SECTION ONE HUNDRED FOUR.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 544A.8 and Iowa Admin. Code rule 193B-2.3 establishing examination deadlines as a condition of initial licensure for architects. I hereby direct the Architectural Examining Board to provide additional guidance to applicants for initial licensure regarding the effect of these suspensions.

SECTION ONE HUNDRED FIVE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 543B.15(7) and 543B.15(8), establishing certain deadlines to complete education requirements prior to examination for initial licensure for real estate salespersons and real estate brokers. I hereby direct the Real Estate Commission to provide additional guidance to applicants for initial licensure regarding the effect of these suspensions.

SECTION ONE HUNDRED SIX.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 536.11(2), 536A.14(1), and 537.2304 (2), and Iowa Admin. Code rules 187-15.12, 187-16.2(1), 187-17.12, 187-19.7, requiring a licensee to file annual reports.

SECTION ONE HUNDRED SEVEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 533A.2(7), 533D.3(7), 535B.4(2)(b), 535D.4, 536.30, 536A.32, and 543E.20(5) and Iowa Admin. Code rules 187-15.3(2), 187-16.3(2), 187-17.3(2), 187-18.2(2), 187-19.2(5), 187-20.3(2), and 187-25.2(3), which require the completion of background checks for initial applicants as a condition of obtaining professional licensure. 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 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.

TEMPORARY TEACHER LICENSURE

SECTION ONE HUNDRED EIGHT.  Pursuant to Iowa Code §§ 29C.6(6) and 135.144(3), I continue to temporarily suspend the regulatory provisions of Iowa Code section 272.2(22) and Iowa Admin. Code rule 282-13.6(1) requiring an applicant for a one-year temporary license to provide the board of educational examiners proof of an offer of a teaching position from a school district that can show it has made every reasonable and good faith effort to employ a teacher licensed under Chapter 272, so that the Board of Educational Examiners may issue a one-year temporary license to new teachers unable to complete the requirements for initial licensure as a result of this public health disaster emergency.

EMS PROVIDER TRAINING REGULATORY RELIEF

SECTION ONE HUNDRED NINE.  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 Admin. Code rule 641-131.5(1) to the extent those provisions require in-person clinical experience, so long as alternative evaluation methods are used including but not limited to scenarios, case studies, or simulations. I hereby direct the Department to provide guidance to training programs regarding the effect of these suspensions.

SECTION ONE HUNDRED TEN.  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 Admin. Code rule 641-131.4(1)(f) to the extent those provisions require successful completion of the NREMT practical examination to be eligible for state certification, if the department determines that the candidate has completed the cognitive examination and should be granted an emergency certification to practice in accordance with any guidance issued by the department. I hereby direct the department to provide additional guidance to candidates for certification regarding the effect of these suspensions.

SECTION ONE HUNDRED ELEVEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 641-131.5(10)(d), requiring training programs meet certain standards and guidelines in applying to the department, to the extent a training program cannot comply with applicable requirements due to this disaster emergency.

SECTION ONE HUNDRED TWELVE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 602.8107(4)(c) and 602.8107(4)(f) to the extent those provisions require a county attorney that collects delinquent court debt satisfy applicable threshold amounts for the remainder of this fiscal year and require the state court administrator to send a notice for this fiscal year to a county attorney regarding continued eligibility in the county attorney collection program.

PROPERTY TAX PAYMENT RELIEF

SECTION ONE HUNDRED THIRTEEN.  Pursuant to Iowa Code §29C.6(6) and 135.144(3), in conjunction with the Iowa Department of Public Health, and at the request of multiple counties, I continue to temporarily suspend the regulatory provisions of Iowa Code § 445.39 and Iowa Admin. Code rule 701-75.3, that require the imposition of penalty and interest for delay in payment and direct that no such penalty or interest may be imposed for the duration of this proclamation and any future extension of this suspension.

SUSPENSION OF TAX SALES AND

EXTENSION OF RIGHT OF REDEMPTION AFTER TAX SALES

SECTION ONE HUNDRED FOURTEEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 446.2, 446.7(1), 446.9, 446.10(2), 446.15, 446.16, 446.17, 446.18, 446.19, 446.19A, 446.19B, 446.24, 446.25, and 446.28, requiring a county treasurer to hold a tax sale for any parcel on which taxes are delinquent, including all notice and publication requirements prior to such a sale.

SECTION ONE HUNDRED FIFTEEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 446.20(1) and 445.3(5), permitting a county treasurer to collect the total amount of delinquent taxes due by alternative remedy, including by personal judgment.

SECTION ONE HUNDRED SIXTEEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 446.20(2), 447.9, and 447.12, to the extent that a person’s right of redemption expires if the person has been served a notice of expiration of the right of redemption. Nothing in this section affects the ability of a holder of a certificate of purchase to serve a notice of expiration of the right of redemption, and nothing in this section restricts or limits a person’s right to redeem during the pendency of this disaster.

SECTION ONE HUNDRED SEVENTEEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 448.1(1), requiring a county treasurer to make out a deed immediately after the expiration of ninety days from the date of completed service of a notice of expiration of the right of redemption.

EXTENSION OF TAX-DEFERRED SAVINGS DEADLINES

SECTION ONE HUNDRED EIGHTEEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 422.7(32)(a) and Iowa Admin. Code rule 701-40.53(1)(b) to the extent those provisions require a taxpayer that has made contributions to the Iowa educational savings plan trust on or after January 1, 2020 but on or before the date prescribed in Iowa Code § 422.21 for making and filing an individual income tax return, excluding extensions, to elect to be deemed to have made a contribution on the last day of the preceding calendar year, so long as that election is made on or before the end of this suspension or any extension of this suspension for contributions made on or after January 1, 2020, but before the end of this suspension or any extension of this suspension. Taxpayers should not expect that this suspension will be extended beyond July 31, 2020.

SECTION ONE HUNDRED NINETEEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 541B.3(1)(a) and §§ 541B.3(2)(a) and Iowa Admin. Code rule 701-40.82(2)(b)(4) to the extent those provisions require the designation of an account and an individual as beneficiary of a first-time homebuyer savings account by April 30, 2020 for accounts opened in 2019, so long as the designation is made on or before the end of this suspension or any extension of this suspension for accounts opened in 2019. Taxpayers should not expect that this suspension will be extended beyond July 31, 2020.

SALES OF ALCOHOL

SECTION ONE HUNDRED TWENTY.  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 § 123.30(3)(c) prohibiting a holder of a class “C” liquor control license from selling unopened bottles of wine or alcoholic liquor for consumption off premises. Class “C” licensees may continue to sell beer for consumption off premises. Beverages may be sold if promptly taken from the premises, such as on a carry-out or drive-through basis, or if the beverage is delivered to customers off the premises.

SECTION ONE HUNDRED TWENTY-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 § 123.130(4) and Iowa Administrative Code 185-4.6(3)(c) & (e) requiring that beer sold at retail at the manufacturing premises for consumption off the premises must be in-person and transferred to another container at the time of sale.

SECTION ONE HUNDRED TWENTY-TWO.  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 §§ 123.30(3)(c) and 123.49(2)(d), to the extent a class “C” liquor control license holder or a class “C” native distilled spirits liquor control license holder is prohibited from selling mixed drinks or cocktails for consumption off premises. Mixed drinks or cocktails may be sold if sealed with a lid or other method of securing the product and promptly taken from the premises prior to any consumption, such as on a carry-out or drive-through basis, or if the beverage is delivered to customers off the premises. Nothing in this provision alters or modifies the provisions of Iowa Code §§ 321.284 or 321.284A related to open containers in motor vehicles.

FOOD ESTABLISHMENT LICENSURE RELIEF

SECTION ONE HUNDRED TWENTY-THREE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 137F.4 and Iowa Admin Code rule 481-30.3(6) requiring a food establishment renew its license within 60 days of expiration.

BOTTLE AND CAN REDEMPTION

SECTION ONE HUNDRED TWENTY-FOUR.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 455C.3 (1) and Iowa Admin. Code chapter 567-107, to the extent that those provisions require a dealer to accept an empty beverage container on which an Iowa deposit was made. This action is intended to allow retailers who engage in the sale of liquor, beer, wine, carbonated beverages, and other beverages on which an Iowa beverage container deposit is made to stop accepting empty beverage containers for the duration of this Proclamation.

FINANCIAL RELIEF

SECTION ONE HUNDRED TWENTY-FIVE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.34(1) and Iowa Admin. Code rule 185-4.26, to the extent class “A”, class “B”, class “C”, and special class “C” liquor licenses and class “B” beer permits and class “C” wine permits expire one year from the date of issuance, unless sooner suspended or revoked. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct the Iowa Alcoholic Beverages Division to provide guidance to licensees and permittees regarding the effect of these suspensions.

SECTION ONE HUNDRED TWENTY-SIX.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.137, requiring class “A” or class “A” beer permit holders to report barrels of beer sold or pay to the Iowa Alcoholic Beverages Division the amount of tax due on or before the tenth day of each calendar month. The associated penalty of ten percent if the report is not filed and the tax not paid within the time will not be assessed.

SECTION ONE HUNDRED TWENTY-SEVEN.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.184, requiring class “A” wine permit holders and wine direct shipper permit holders to report gallons of wine sold or pay to the division the amount of tax due on or before the tenth day of each calendar month.  The associated penalty of ten percent if the report is not filed and the tax not paid within the time will not be assessed.

SECTION ONE HUNDRED TWENTY-EIGHT.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.34(5) prohibiting a refund of fees paid for a six-month or eight-month seasonal license or permit, or for fourteen-day or five-day license or permit.

SECTION ONE HUNDRED TWENTY-NINE.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 99B.12(1)(e) and Iowa Admin. Code 481-100.3(3) prescribing that no raffle license fees are refundable, and temporarily suspend the regulatory provisions of Iowa Admin. Code 481-100.16(1) prescribing raffles to conclude only during the period of the license.

INTERIM INDIGENT DEFENSE FEE CLAIMS

SECTION ONE HUNDRED THIRTY.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 493-12.3(1), to the extent those provisions prohibit an attorney from submitting an interim claim in a juvenile case at the continuance of a dispositional hearing or a post-dispositional review hearing. Suspension of these provisions shall not affect any other requirement related to the submission of claims to the state public defender for review, approval, and payment.

SECTION ONE HUNDRED THIRTY-ONE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 493-12.3(4), to the extent those provisions prohibit an attorney from submitting an interim claim in other cases, including all adult criminal cases except Class A felony cases, at the continuance of trial. Suspension of these provisions shall not affect any other requirement related to the submission of claims to the state public defender for review, approval, and payment.

POOL REGISTRATION FEES

SECTION ONE HUNDRED THIRTY-TWO.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Administrative Code rule 641-15.12(1), to the extent it requires a $25 penalty for each month or fraction thereof that the registration for a swimming pool or spa is not received by the Department of Public Health by April 30 or the first business day thereafter if the pool is closed during the month. I hereby direct the Department to issue a refund to any owner having already paid a penalty under this rule for the registration period that began on May 1, 2020.

VETERANS ASSISTANCE

SECTION ONE HUNDRED THIRTY-THREE.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health and at the request on behalf of a county commission on veteran affairs, I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 35A.16(3) and 35B.6, and any provisions of the Iowa Administrative Code implementing those provisions, to the extent a county is prohibited from expending an allocation from the county commissions of veteran affairs fund for the current fiscal year to provide services to veterans in coping with this disaster, including but not limited to the provision of food or other basic necessities.

VETERANS STAFF CERTIFICATION TRAINING

SECTION ONE HUNDRED THIRTY-FOUR.  Pursuant to Iowa Code § 29C.6(6), and at the request on behalf of a county commission of veteran affairs, I continue to temporarily suspend the regulatory provisions of Iowa Code § 35B.6(1)(c) and Iowa Admin. Code rules 801-7.2(2) and 801-7.2(3)(c), to the extent an executive director or administrator is required to complete a course of certification training within one year of employment.

SCHOOL READY FUNDING LIMITATION

SECTION ONE HUNDRED THIRTY-FIVE.  Pursuant to Iowa Code § 29C.6(6) and at the request of the Early Childhood Iowa State Board on behalf of Early Childhood Iowa Area Boards, I continue to temporarily suspend the regulatory provisions of Iowa Code § 256I.9(4)(e), to the extent it limits the amount of school ready children grant funding an area board may carry forward from fiscal year 2020 to fiscal  year 2021 to twenty percent, but only if the amount does not exceed thirty-five percent consistent with any policy adopted by the Early Childhood Iowa State Board.

SUSPENSION OF PAPER BIDDING PROCEDURES

SECTION ONE HUNDRED THIRTY-SIX.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health, and at the request of the City of Des Moines and the Iowa League of Cities on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code chapter 26 to the extent they require the distribution, receipt, opening, or recording of paper documents by a governmental entity under the Iowa Construction Bidding Procedures Act, so long as the governmental entity otherwise complies with those provisions of chapter 26 by electronic means, including but not limited to the use of an electronic public bidding service.

ELECTRONIC SEARCH WARRANT RETURNS OF SERVICE

SECTION ONE HUNDRED THIRTY-SEVEN.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health and at the request of the Iowa Judicial Branch, I continue to temporarily suspend the regulatory provisions of Iowa Code § 808.8(2) requiring a peace officer’s statement on a return of service to be made under oath, to the extent that a peace officer may use electronic means to file the return of service and submit an inventory of seized property, subject to any processes and procedures established by the judicial branch.

ELECTRONIC CORPORATE SHAREHOLDER MEETINGS

SECTION ONE HUNDRED THIRTY-EIGHT.  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 490, 491, 499, and 501A to the extent they require a physical meeting of shareholders, policyholders, or members, if the meeting is held by means of remote communication and provides shareholders, policyholders, or members a reasonable opportunity to participate in the meeting and to vote on matters submitted for action at such meeting, including an opportunity to communicate, and to read or hear the proceedings of the meeting, substantially concurrently with such proceedings.

ELECTRONIC MEETINGS AND HEARINGS

SECTION ONE HUNDRED THIRTY-NINE.  Pursuant to Iowa Code § 29C.6(6), and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, to the extent that the statutes could be interpreted to prevent a governmental body from holding the meeting by electronic means, provided that the governmental body properly notices the meeting or hearing and includes a telephone conference number or website address that permits the public to participate in the meeting or hearing. I also temporarily suspend those statutes to the extent they could be interpreted to prevent a governmental body from limiting the number of people present at an in-person location of the meeting, provided that the governmental body provides a means for the public to participate by telephone or electronically as provided in this section.

IN-PERSON OPEN RECORDS EXAMINATION

SECTION ONE HUNDRED FORTY.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 22.2(1) and 22.3(1) imposing a requirement for the in-person examination or copying of public records, to the extent those records can be examined and copies provided by mail or electronic means. Suspension of these provisions does not apply to searches of all indexes, general and specific, of the public records related or relating to documents, instruments and muniments of title, for the purpose of performing title searches, real property searches, or creating real property abstracts.

SECTION ONE HUNDRED FORTY-ONE.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code § 22.4 to the extent those provisions require a lawful custodian of records to maintain office hours to receive in-person record requests, so long as the custodian has posted clear direction for making requests in writing, by telephone, or by electronic means in a prominent place that is easily accessible to the public.

REMOTE NOTARIZATION AND WITNESSING

SECTION ONE HUNDRED FORTY-TWO.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the personal appearance requirement in Iowa Code § 9B.6, but only to the extent that the notarial act complies with the requirements of section 6 of 2019 Iowa Acts chapter 44 (Senate File 475) and any additional guidance provided by the Iowa Secretary of State regarding approved communication technology.

SECTION ONE HUNDRED FORTY-THREE.  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 §§ 144B.3, 633.279, and 633B.105, to the extent that they require the physical presence of a testator, settlor, principal, witness, or other person, if the person is present in a manner in which the witness or other person can see and hear the acts by electronic means, such as video conference, Skype, Facetime, Zoom, or other means, whether or not recorded.

SUSPENSION OF IN-PERSON FOSTER CARE REVIEW

SECTION ONE HUNDRED FORTY-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 continue to temporarily suspend the regulatory provisions of Iowa Code § 237.20(1)(a)(1)-(5) to the extent those provisions require any in-person case review of a child receiving foster care.

SUSPENSION OF IN-PERSON CHILD HEALTH PROTECTION INTERVIEWS

SECTION ONE HUNDRED FORTY-FIVE.  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 Admin. Code rule 641-94.2, and any rule using the term “forensic interview” as defined in that provision, to the extent a forensic interview must be conducted face to face.

SUSPENSION OF NEW ELEVATOR STANDARDS

SECTION ONE HUNDRED FORTY-SIX.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rules 875-72.10 and 73.1, to the extent they set an enforcement date of May 1, 2020, for the American Society of Mechanical Engineers Safety Code for Existing Elevators and Escalators, A17.3 (2011).

DEPOPULATION AND DISPOSAL OF LIVESTOCK

SECTION ONE HUNDRED FORTY-SEVEN.  Pursuant to Iowa Code § 29C.6(8) and (10), I direct the Iowa Department of Agriculture and Land Stewardship to create and implement a program to provide financial assistance to livestock producers for the cost of disposal for livestock that were depopulated due to market disruption caused by COVID-19. I further direct the Iowa Department of Agriculture and Land Stewardship to provide technical assistance and equipment, to the extent any is available, to assist livestock producers related to livestock depopulation and disposal efforts due to market disruption caused by COVID-19. The Iowa Department of Agriculture and Land Stewardship shall cooperate in these efforts with other state and federal agencies, including but not limited to the Iowa Department of Natural Resources, the Iowa Department of Transportation, and the U.S. Department of Agriculture. Any financial assistance provided under this section shall be used only for the costs of disposal of livestock and shall not be used for indemnity payments or considered to be an indemnity program.

CRITICAL TRUCKING OPERATIONS

SECTION ONE HUNDRED FORTY-EIGHT.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 321.463 (6) (a) and (b) and 321E.29 and Iowa Admin. Code chapter 761-511, to the extent that those provisions restrict the movement of oversize and overweight loads of vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets food, medical supplies, cleaning products, other household goods, agricultural supplies and commodities (including, but not limited to, livestock, raw milk, and crop supplies), agricultural waste (including, but not limited to, animal carcasses), or any other goods and supplies necessary to respond to this public health disaster and its economic effects and require a permit to transport such loads.

A. Suspension of these provisions applies to loads transported on all highways within Iowa, excluding the interstate system, and those which do not exceed a maximum of 90,000 pounds gross weight, do not exceed the maximum axle weight limit determined under the non-primary highway maximum gross weight table in Iowa Code §321.463 (6) (b), by more than twelve and one-half percent (12.5%), do not exceed the legal maximum axle weight limit of 20,000 pounds, and comply with posted limits on roads and bridges.

B. This action is intended to allow vehicles transporting food, medical supplies, cleaning products, and other household goods to be oversize and overweight, not exceeding 90,000 pounds gross weight, without a permit, but only for the duration of this proclamation.

SECTION ONE HUNDRED FORTY-NINE.  Pursuant to Iowa Code § 29C.6(6) and 49 CFR § 390.23, I continue to  temporarily suspend the regulatory provisions of Iowa Code § 321.449 pertaining to hours of service of motor carriers and drivers of commercial motor vehicles, while transporting vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets food, medical supplies, cleaning products, other household goods, agricultural supplies and commodities (including, but not limited to, livestock, raw milk, and crop supplies), agricultural waste (including, but not limited to, animal carcasses), and any other goods and supplies necessary to respond to this public health disaster and its economic effects subject to the following condition:

A.   Nothing contained in this Proclamation shall be construed as an exemption from the controlled substances and alcohol use and testing requirements set out in 49 CFR Part 382, the commercial drivers’ license requirements set out in 49 CFR Part 383, the financial responsibility requirements set out in 49 CFR Part 387, or any other portion of the Code of Federal Regulations not specifically identified in this Proclamation.

B. No motor carrier operating under the terms of this agreement shall require or allow a fatigued or ill driver to operate a motor vehicle.  A driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive hours off duty before the driver is required to return to service.

C.   Upon the request of a driver, a commercial motor carrier operating under this proclamation must give the driver at least thirty-four (34) consecutive hours off when the driver has been on duty for more than seventy (70) hours during any eight (8) consecutive days.

D.   Motor carriers that have an out-of-service order in effect may not take advantage of the relief from regulations that this proclamation provides under title 49 CFR § 390.23.

E. Upon the expiration of this Proclamation, or when a driver has been relieved of all duty and responsibility to transport necessary medical assets under the conditions of this Proclamation, a driver who has had at least thirty-four (34) consecutive hours off duty shall be permitted to start the driver’s on-duty status hours with the 60/70 hour clock at zero.

F. This portion of this Proclamation of Disaster Emergency applies only to hours of service of motor carriers and drivers of commercial motor vehicles while actively transporting the items identified in this section for the duration of this proclamation related to the COVID-19 event.

SECTION ONE HUNDRED FIFTY.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 321.463(3), 321E.2, 321E.8, and 321E.9 that limit issuance of permits for oversize or overweight loads to loads which are indivisible, to allow annual permits issued under Iowa Code § 321E.8 and single-trip permits issued under § 321E.9 to be issued for loads which are divisible and related to responding to and recovering from this disaster. I further waive for vehicle and loads, whether divisible or indivisible, the regulatory provisions of Iowa Code § 321E.12 that require the vehicle traveling under a permit to be registered for the gross weight of the vehicle and load and the regulatory provisions of Iowa Code § 321E.14 that require the payment of a fee for a permit issued for a vehicle and load related to responding to and recovering from this disaster. The provisions of this paragraph apply only when the movement of the vehicle and load is related to responding to and recovering from this disaster. The movement of any vehicle or load under this paragraph must comply with all other requirements of Chapter 321E of the Iowa Code and of the permit issued, other than as suspended in this proclamation. The provisions of this paragraph relating to the permitting and movement of divisible loads authorize the movement of such loads on all highways of this state, excluding the interstate system.

SECTION ONE HUNDRED FIFTY-ONE.  The Iowa Department of Transportation is hereby directed to monitor the operation of this proclamation to assure the public’s safety and facilitate the movement of trucks involved in transporting vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets food, medical supplies, cleaning products, other household goods, agricultural supplies and commodities (including, but not limited to, livestock, raw milk, and crop supplies).

MOTOR VEHICLE LICENSING AND REGISTRATION RELIEF

SECTION ONE HUNDRED FIFTY-TWO.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.196 prescribing that a driver’s license issued to a person age seventy-two or older expires after two years.  Suspension of this provision is limited to driver’s licenses which have expired within the 60 days prior to this Proclamation or during the duration of this Proclamation or any subsequent extension of this proclamation. And upon the expiration of the terms of this Proclamation or any subsequent extension of this proclamation, the statutory sixty-day period for renewing shall resume. This suspension shall not apply if the person is not eligible for a license due to the person’s license being suspended, revoked, denied or barred for any reason or if the person is physically or mentally incapable of operating a motor vehicle safely.

SECTION ONE HUNDRED FIFTY-THREE.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.174A prescribing that a person shall not operate a motor vehicle on the highways of this state with an expired driver’s license as applied to a person whose driver’s license is expired. Suspension of this provision is limited to driver’s licenses which have expired within the 60 days prior to this Proclamation or during the duration of this Proclamation or any subsequent extension of this proclamation. And upon the expiration of the terms of this Proclamation or any subsequent extension of this proclamation, the statutory sixty-day period for renewing shall resume.

SECTION ONE HUNDRED FIFTY-FOUR.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.39 prescribing expiration dates for vehicle registration, registration cards, and registration plates as applied to a person whose vehicle registration, registration card, or registration plate is expired.  Suspension of this provision is limited to vehicle registration, registration cards, and registration plates which have expired within the 60 days prior to this Proclamation or during the duration of this Proclamation or any subsequent extension of this proclamation.

SECTION ONE HUNDRED FIFTY-FIVE.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.46 prescribing a transferee of a new motor vehicle shall apply for a new registration and certificate of title within 30 days of the purchase.

SECTION ONE HUNDRED FIFTY-SIX.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.25 prescribing a vehicle may be operated upon the highways of this state without registration plates for a period of 45 days after the date of delivery of the vehicle to the purchaser from a dealer.

SECTION ONE HUNDRED FIFTY-SEVEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.20A requiring the owner of a commercial vehicle subject to the apportioned registration provisions of chapter 326 to apply for a certificate of title within thirty days of purchase or transfer and pay the appropriate fee for new registration.

SECTION ONE HUNDRED FIFTY-EIGHT.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code section § 321.52(4)(b) prescribing a vehicle rebuilder, a person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered in this state, or an insurer shall obtain a salvage certificate of title for a wrecked or salvage vehicle within thirty days after the date of assignment of the certificate of title of the vehicle.

SECTION ONE HUNDRED FIFTY-NINE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 326.14 prescribing a late filing penalty for renewals under the International Registration Plan and prescribing an enforcement deadline for the failure to display a registration plate and registration.  Suspension of this provision is limited to renewals that have expired during the duration of this Proclamation or any subsequent extension of this Proclamation.

WEAPONS PERMITTING PROCEDURES

SECTION ONE HUNDRED SIXTY.  Pursuant to Iowa Code section 29C.6(6) and 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code section 724.18 requiring personal delivery of applications for permits to acquire pistols or revolvers and direct that each sheriff’s office to formulate and implement a policy for the procedure for accepting applications for permits to acquire pistols or revolvers and applications for permits to carry weapons that shall include in-person drop-off without involving in-person interactions between the public and staff, acceptance by mail, and to the extent practical by electronic means.

SECTION ONE HUNDRED SIXTY-ONE.  Pursuant to Iowa Code section 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code sections 724.6, 724.7, and 724.20 regarding professional and nonprofessional permits to carry and permits to acquire pistols or revolvers, in that, for State purposes only, the permit to carry weapons will not expire during this Proclamation.  This suspension will not extend to the ability of the permits to be used to purchase, in lieu of a NICS check, once the permit is past its original expiration date.

ONLINE APPRENTICESHIP INSTRUCTION

SECTION ONE HUNDRED SIXTY-TWO.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 15B.4, to the extent they limit the use of online instruction in determining contact hours for apprenticeship sponsors or lead apprenticeship sponsors. Suspension of this provision is limited only to instruction provided during the duration of this Proclamation or any subsequent extension of this suspension.

HIGH SCHOOL EQUIVALENCY TESTING

SECTION ONE HUNDRED SIXTY-THREE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 281-32.7(1), requiring an applicant to retake a high school equivalency degree test if he or she has not earned a high school equivalency degree within five years of taking the first subtest. Suspension of these provisions shall apply during the duration of this Proclamation or any future extension of this suspension.

COMMUNITY COLLEGE INSTRUCTION HOURS

SECTION ONE HUNDRED SIXTY-FOUR.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 281-21.2(12)(i)-(m) which set minimum contact-hour requirements for community college instruction, but only to the extent that the community college notifies the Department of Education of any modification consistent with the Department’s guidance . Suspension of these provisions shall apply during the duration of this Proclamation or any future extension of this suspension.

ANNUAL SPORTS PHYSICAL REQUIREMENTS

SECTION ONE HUNDRED SIXTY-FIVE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 281- 36.14(1), requiring each student participating in interscholastic athletics to present to the student’s superintendent a certificate signed by a licensed physician and surgeon, osteopathic physician and surgeon, osteopath, qualified doctor of chiropractic, licensed physician assistant, or advanced registered nurse practitioner, to the effect that the student has been examined and may safely engage in athletic competition.  Suspension of these provisions shall apply during the duration of this Proclamation or any future extension of this suspension.

IOWA YOUTH SURVEY

SECTION ONE HUNDRED SIXTY-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 § 135.11(28) requiring administration of the Iowa youth survey every two years to students in grades six, eight, and eleven in Iowa’s public and nonpublic schools.  I hereby direct the Iowa Department of Public Health to provide guidance to Iowa’s public and nonpublic schools regarding administration of the survey in 2021.

OTHER REGULATORY RELIEF

SECTION ONE HUNDRED SIXTY-SEVEN.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 281-21.31 to the extent it requires instructional courses for drinking drivers to be delivered in person rather than online.

SECTION ONE HUNDRED SIXTY-EIGHT.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 661-221.3, that require an unattended fueling dispenser to provide a public phone.

SECTION ONE HUNDRED SIXTY-NINE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 206.5(2)(a) solely as it applies to commercial applicators, public applicators, and private applicators who were certified applicators as of December 31, 2019.

SECTION ONE HUNDRED SEVENTY.  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 § 206.5(3) requiring a commercial, public, or private applicator to be certified to apply pesticides so long as the applicator is under the direct supervision of a certified applicator. Suspension of this provision shall apply during the duration of this Proclamation and any future extension of this suspension.

SECTION ONE HUNDRED SEVENTY-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 § 206.6(1) requiring licensure to engage in the business of applying pesticides to the lands or property of another, to the extent that a person may engage in the business of applying pesticides to the property of another with nonrestricted general use pesticides indoors and for the sole purpose of disinfecting or sanitizing areas where humans live, work, or congregate. Suspension of this provision does not exempt a person from acquiring any other license or certification required under Iowa Code chapter 206.

SECTION ONE HUNDRED SEVENTY-TWO.  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 § 206.5(4) requiring a commercial applicator who applies pesticides to agricultural land to be certified so long as the applicator meets the requirements of a private applicator. This suspension shall not apply to aerial applicators. Suspension of this provision shall apply during the duration of this Proclamation and any future extension of this suspension.

RETIRED PUBLIC DISASTER RESPONDERS

SECTION ONE HUNDRED SEVENTY-THREE.  Pursuant to Iowa Code § 29C.6(6) and 135.144(3), and in conjunction with the Department of Public Health, and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 97B.48A and 97B.52A to the extent those provisions require the repayment or reduction of a member’s retirement allowance if the member is reemployed or returns to employment during the pendency of this Disaster Emergency as a licensed health care professional employed by a hospital licensed pursuant to chapter 135B, any state or local government public health employee, any “protection occupation” as defined by Iowa Code § 97B.49B(1)(e), or any sheriff or deputy sheriff as defined by Iowa Code § 97B.49C(1)(b) or (c).

SECTION ONE HUNDRED SEVENTY-FOUR.  Pursuant to Iowa Code § 29C.6(6) and 135.144(3), and in conjunction with the Department of Public Health, and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 411.3(3), 411.6(1)(c), and 411.21(3), to the extent those provisions limit a retired police officer or firefighter from continuing to receive service retirement allowances, without interruption, if reemployed as a police officer or firefighter during the pendency of this Disaster Emergency.

STATE AGENCY OPERATIONS

SECTION ONE HUNDRED SEVENTY-FIVE.  As required by Iowa Code § 29C.6 (1), (10) and 42 U.S.C. § 5170 in cases of Presidential Disaster Declarations, this Proclamation of Disaster Emergency continues to activate the disaster response and recovery aspects of the Iowa Department of Homeland Security and Emergency Management’s Iowa Emergency Response Plan and those additional response plans applicable to the counties affected by this disaster and authorizes the use and deployment of all available state resources, supplies, equipment, and materials as are reasonably necessary to assist those citizens located in the disaster affected counties.

SECTION ONE HUNDRED SEVENTY-SIX.  Pursuant to Iowa Code § 29C.6 (1) and (10), I continue to activate the public health response and recovery aspects of the state disaster emergency plan applicable to this public health disaster and authorize the use and deployment of all available state resources, supplies, equipment, and materials as are reasonably necessary pursuant to those plans to assist those citizens located in the counties subject to this proclamation.

SECTION ONE HUNDRED SEVENTY-SEVEN.  I continue to direct the Iowa Department of Public Health, in conjunction with whatever further direction I provide, to take those reasonable and necessary actions authorized by Iowa Code § 135.144 to address this public health disaster, including but not limited to mobilizing as many public health response teams as are necessary to supplement and support disrupted or overburdened local medical and public health personnel, hospitals, and resources, as allowed by Iowa Code § 135.143 and 641 Iowa Admin. Code 113.2 (1), with the understanding that the registered members of those public health response teams providing assistance under this authority shall receive the protections and benefits of state employees as allowed by law.

SECTION ONE HUNDRED SEVENTY-EIGHT.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 11-53.11(3) prohibiting pay to those State of Iowa employees for hours worked in excess of 40 hours per workweek while present in the State’s Emergency Operations Center or otherwise engaged in assigned disaster response missions or other activities.

SECTION ONE HUNDRED SEVENTY-NINE.  Pursuant to Iowa Code § 29C.6 (8) and (10), I continue to order all state agencies to utilize such personnel, equipment, and facilities as necessary to assist the Iowa Department of Public Health and the Iowa Department of Homeland Security and Emergency Management in performing any and all activities necessary to prevent, contain, and mitigate the effects of the COVID-19 virus.

SECTION ONE HUNDRED EIGHTY.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 8A.413(12) and Iowa Admin. Code rules 11-57.4 and 11-57.7 that limit the number of hours per fiscal year for temporary employees in state agencies, and the regulatory provisions of Iowa Code § 20.4(5) to the extent it limits the period of time a temporary employee may work in state agencies as an excluded public employee.

SECTION ONE HUNDRED EIGHTY-ONE.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code chapters 8A and 8B, Iowa Code § 313.10, Iowa Admin. Code Chapters 11-117, 11-118, 129-10, 641-176, requiring the Iowa Department of Public Health, the Iowa Department of Homeland Security and Emergency Management, and other state agencies involved in the response to this disaster emergency to procure goods and services through a competitive selection process or to otherwise follow, adhere to, or obtain other procurement-related processes, procedures, approvals, or limitations. Suspension of these provisions is limited to the duration of this proclamation and is further limited to procurements which are necessary to prevent, contain, or mitigate the effects of the COVID-19 virus, facilitate telework by state employees, and mitigate and respond to increased cyber-attacks and threats.

IMPLEMENTATION AND INTERPRETATION

SECTION ONE HUNDRED EIGHTY-TWO.  The Iowa Department of Public Safety, Iowa Department of Public Health, Iowa Department of Education, Iowa Department of Homeland Security and Emergency Management, Iowa Department of Transportation, and other participating state agencies are hereby directed to monitor the operation and implementation of this proclamation to assure the public’s health and safety.

SECTION ONE HUNDRED EIGHTY-THREE.  In conjunction with the Department of Public Health pursuant to Iowa Code §§ 29C.18 and 135.35, all peace officers of the state are hereby called upon to assist in the enforcement of the provisions of this Proclamation.

SECTION ONE HUNDRED EIGHTY-FOUR.  Nothing contained in this declaration shall be construed as an exemption from any other portion of the Iowa Code or Iowa Administrative Code not specifically identified in this proclamation.

SECTION ONE HUNDRED EIGHTY-FIVE.  The provisions of this proclamation shall be effective immediately, unless otherwise noted. This state of public health disaster emergency shall now expire on June 25, 2020, at 11:59 p.m., unless sooner terminated or extended in writing by me.

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6 Responses to Gov. Reynolds signs new proclamation continuing the State Public Health Emergency Declaration

  1. Avatar

    Anonymous Reply Report comment

    May 28, 2020 at 7:57 am

    Just dump um out…

  2. Avatar

    Anonymous Reply Report comment

    May 27, 2020 at 5:11 am

    Salons are probably the worst places for spreading right now. Those Asian pedicure places another area to avoid. Working out in enclosed spaces-sweat, gasses, excretions not good either. Tanning places another one. Community spread is what it’s called. Sitting in a bar-dumb. Any place people sit, touch, breath indoors. Salons are really turning out to be the worst of the worst places nationwide. Why go to a restaurant at this point in time -dumber. So many people involved in the supply chain to your mouth. Avoid the medical community at the moment too. Late July could be victory for returning to ‘The way we were’.

  3. Avatar

    Joker Reply Report comment

    May 27, 2020 at 3:24 am

    Now that the parade and celebration is canceled in Clear Lake they need to stop Thursdays on main, band concerts, and all those other events they hold all summer long. No riverboat either. Rookies could provide at great service and just close. Main street should be closed to foot traffic only. Great idea. Get out and walk about with plenty of room for social distancing. Wear that really cool masks you got. Life in the Twilight Zone is real now.

  4. Avatar

    Anonymous Reply Report comment

    May 27, 2020 at 2:43 am

    It soon will be a good time to announce city/state governments and schools need to go to a four day work week. There is too many people in the workforce. Many people that can work from home on there computers should. Reduce office staffing. School should go online till 2021 anyways. Stay home.

    • Avatar

      Anonymous Reply Report comment

      May 27, 2020 at 7:51 am

      Just think of all the money we could save if schools went on line only. Shut down those campuses and fire the expensive administrators and unnecessary teachers. Cha Ching!

      • NIT Publisher

        NIT Publisher Reply Report comment

        May 28, 2020 at 9:01 am

        The opposite is going on, the boards still build giant boxes to put kids in, thinking it will make them masterminds of the universe or something. I get the bill.