Governor Reynolds Issues Third Proclamation and Judicial Update

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Davis Brown Law Firm

Continued Executive Response

On Sunday, March 22, Governor Reynolds issued a third State of Public Health Disaster Emergency Declaration that was effective immediately.  The declaration provides additional mandatory closures as well as further regulatory relief to Iowans impacted by the COVID-19 public health disaster. 

Below is a summary of the of the Governor’s proclamation.  Her actions are authorized by Iowa Code Chapter 29C, Emergency Management and Security:

  Admin/Code Sections Impacted  Summary
Additional Closures of Certain Establishments
Section 1 Section 157.1
653 IA Admin Code § 13.8(1)
Section 158.1
Section 135.37
Section 136D.2(5)
Section 152C.1(3)
Section 135I.1
Requires the closure of:
- Salons
- Medical spas
- Barbershops
- Tattoo establishments
- Tanning facilities
- Massage therapy establishments
- Swimming pools, spas, wading pools, spray pads, bath houses, etc.
Effective 3/22 (at 10:00 p.m.) until 3/31
Suspension of Foreclosures
Section 2  Chapters 646, 654, 655A, and 656 Suspends regulatory provisions that allow for foreclosure proceedings or the prosecution of ongoing foreclosures on residential, commercial, and agriculture property (for duration of proclamation)
- Does not relieve individuals of obligations to make mortgage payments
- Iowa Division of Banking/Iowa Division of Credit Unions are to engage to identify tools/methods to relieve Iowans from threat of foreclosure
Professional Licensing Relief
Section 3 Chapters 47.2, 148.3, 148.5, 148C.3, 152.7, 152B.7A
(Any Admin §§ that implement the above chapters)
Emergency licenses for health care providers
Suspends regulatory provisions that 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; boards are to provide additional guidance
Section 4 Section 47.10
657 IA Admin Code § 2.3, 2.11(2), 3.5(1)
Pharmacy practice
Suspends regulatory provisions that prohibit the practice of pharmacy by a pharmacist licensee whose license is inactive or lapsed (within five years of proclamation), or by a pharmacy technician trainee who is unable to become nationally certified due to closed testing locations (trainee registration expires between March 18 & May 31 and they are unable to sit for examination)
Section 5  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
(Any Admin §§ that implement the above chapters)
In-person continuing education
Suspends regulatory provisions that require in-person continuing education as a condition of professional license renewal or deadlines/requirements that are unable to be satisfied due to the disaster emergency (for duration of proclamation); boards are to provide additional guidance
Section 6  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
(Any Admin §§ that implement the above chapters)
Expiration or renewal requirements
Suspends regulatory provisions that set dates for expiration/renewal of professional licenses that expire during the duration of the proclamation; boards are to provide additional guidance
Section 7  281 IA Admin Code § 79.16(4)(a)
645 IA Admin Code §§ 31.6(2)(b)(12), 280.6(3), 240.6(2), 4.3, 300.3(4)(b)(2), 300.6(3)(a), and 300.6(3)(d)
School administrator, mental health counselor, independent social worker, psychologist, pharmacist, speech pathologist/audiologist
Suspends regulatory provisions that require 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; boards are to provide additional guidance
Section 8  Sections 272.2(17), 272C.3(1)(a), 543B.15(9), and 543D.22 Background checks
Suspends regulatory provisions which require the completion of background checks for initial applicants as a condition of obtaining professional licensure; all regulatory agencies/boards must conduct background checks for applicants upon expiration of disaster emergency
Section 9  Section 542B.13
193C IA Admin Code §§ 3.1(1), 3.2
Professional engineer or land surveyor
Suspends regulatory provisions setting an application expiration date and deadline for examinations to be licensed as a professional engineer or land surveyor
Section 10  Section 543D.8
193F IA Admin Code §§ 3.2, 5.3, and 6.3
Suspend regulatory provisions setting examination deadlines as a condition for initial licensure for appraisers
Section 11  Section 542.5
193A IA Admin Code § 3.6(1)
Certified Public Accountants
Suspends regulatory provisions establishing an 18-month examination deadline as a condition for initial licensure for prospective Certified Public Accountants
Section 12  655 IA Admin Code § 3.4(4) Nursing license
Suspend regulatory provision that requires applicant for a nursing license to complete an examination within 91 days of board authorization
Section 13 657 IA Admin Code § 2.4(2) Pharmacist license
Suspends regulatory provision that requires applicant for a pharmacist license to complete all Iowa components within a period of one year
Section 14  Section 206.5(2)(a) Certified applicators
Suspends regulatory provisions that provide fee requirements as it applies to commercial applicators, public applicators, and private applicators who were certified applicators as of December 31, 2019
Section 15  645 IA Admin Code § 280.2, 31.18 Out-of-state marital, family therapy, and mental health counselors, or social workers
Suspends regulatory provisions that require out-of-state marital, family therapy, and mental health counselors, or social workers who provide services by telephone or other electronic means to be licensed in Iowa
Remote Notarization and Witnessing
Section 16  Section 9B.6 Suspends personal appearance requirement for notarial acts (complies with requirements of section 6 of 2019 Iowa Acts chapter 44 (SF475)); additional guidance to be provided by Secretary of State
Section 17  Sections 144B.3, 633.279, and 633B.105 Suspends regulatory provisions that require the physical presence of all parties and witnesses for specific acts (POA/will signings) if the persons involved can see and hear the acts by electronic means (e.g. video conference, Skype, Facetime, Zoom); does not need to be recorded
Other Regulatory Relief
Section 18  281 IA Admin Code § 21.31 Suspends regulatory requirement that requires instructional courses for drinking drivers to be delivered in-person
Section 19  661 IA Admin Code § 221.3 Suspends regulatory requirement that require an unattended fueling dispenser to provide a public phone
Implementing & Interpretation 
Section 20    DPS, DPH, DOE, Iowa Homeland Security, and DOT are directed to monitor operation and implementation of the proclamation
Section 21    Nothing shall be construed as an exemption from any other provision of the Iowa Code or Admin Code unless specifically identified
Section 22    Effective immediately 3/19 and expires 4/16, unless sooner terminated or extended 

Continued Judicial Branch Response

Official statement from the Judicial Branch:

“Chief Justice Christensen is committed to providing essential services to Iowans and protecting the health and safety of judges and judicial branch staff during these challenging times. The Supreme Court has issued five supervisory orders so far plus guidance to juvenile court judges. Starting today, a summary of the modifications to court procedures and operations will be posted on the Iowa Judicial Branch website so that all Iowans can be aware of the modifications made to court procedures and other judicial branch operations during this public health emergency. This will be updated weekly or as circumstances change.”

Iowans can access the Summary of Modifications to Court Procedures and Judicial Branch Operations

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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