Iowa Admin. Code r. 653-17.4 - Application requirements
(1)
Application for licensure. To apply for a license to practice
acupuncture, an applicant shall:
a. Submit the
completed application form provided by the board, including required
credentials and documents, a completed fingerprint packet and a sworn statement
by the applicant attesting to the truth of all information provided by the
applicant;
b. Pay the nonrefundable
initial application fee identified in 653-subrule 8.2(1); and
c. Pay the fee identified in 653-subrule
8.2(5) for the evaluation of the fingerprint packet and the national criminal
history background checks by the division of criminal investigation (DCI) and
the Federal Bureau of Investigation (FBI).
(2)
Contents of the application
form. Each applicant shall submit the following information on the
application form provided by the board:
a. The
applicant's full legal name, date and place of birth, home address, mailing
address, principal business address, and personal email address regularly used
by the applicant or licensee for correspondence with the board;
b. A chronology accounting for all time
periods from the date the applicant entered an acupuncture and oriental
medicine training program or college to the date of the application;
c. The other jurisdictions in the United
States or other nations or territories in which the applicant is authorized to
practice acupuncture, including license, certificate of registration or
certification numbers, and date of issuance;
d. Full disclosure of the applicant's
involvement in civil litigation related to the practice of acupuncture in any
jurisdiction of the United States, other nations or territories. Copies of the
legal documents may be requested if needed during the review process;
e. A statement disclosing and explaining any
informal or nonpublic actions, warnings issued, investigations conducted, or
disciplinary actions taken, whether by voluntary agreement or formal action, by
a medical, acupuncture or professional regulatory authority, an educational
institution, a training or research program, or a health facility in any
jurisdiction;
f. A statement
disclosing and explaining any charge of a misdemeanor or felony involving the
applicant filed in any jurisdiction, whether or not any appeal or other
proceeding is pending to have the conviction or plea set aside;
g. The NCCAOM score report verification form
submitted directly to the board by the NCCAOM;
h. An NCCAOM certificate that demonstrates
that the applicant holds current active status as a diplomate in acupuncture or
oriental medicine from the NCCAOM;
i. Proof of successful completion of a course
in clean needle technique approved by the NCCAOM;
j. A description of the applicant's clinical
acupuncture training, work experience and, where applicable, supporting
documentation;
k. A copy of the
applicant's acupuncture degree issued by an educational institution. If a copy
of the acupuncture degree cannot be provided because of extraordinary
circumstances, the board may accept other reliable evidence that the applicant
obtained an acupuncture degree from a specific educational
institution;
l. A complete
translation of any diploma not written in English. An official transcript,
written in English and received directly from the educational institution,
showing graduation from an acupuncture training program or an educational
institution is a suitable alternative;
m. A sworn statement from an official of the
educational institution certifying the date the applicant received the
acupuncture degree and acknowledging what, if any, derogatory comments exist in
the institution's record about the applicant. If a sworn statement from an
official of the educational institution cannot be provided because of
extraordinary circumstances, the board may accept other reliable evidence that
the applicant obtained an acupuncture degree from a specific educational
institution;
n. An official
transcript sent directly from an acupuncture training program or an educational
institution attended by the applicant and, if requested by the board, an
English translation of the official transcript;
o. Proof of the applicant's proficiency in
the English language, when the applicant has not passed the English version of
the NCCAOM written and practical examinations;
p. Verification of an applicant's hospital
and clinical staff privileges and other professional experience for the past
five years if requested by the board; and
q. A completed fingerprint packet to
facilitate a national criminal history background check. The fee for evaluation
of the fingerprint packet and the DCI and FBI criminal history background
checks will be assessed to the applicant.
(3)
Application cycle. If
the applicant does not submit all materials, including a completed fingerprint
packet, within 90 days of the board's initial request for further information,
the application is inactive.
a. To reactivate
the application, an applicant shall submit a nonrefundable reactivation of
application fee identified in 653-subrule 8.2(2) and shall update application
materials if requested by the board. The period for requesting reactivation is
limited to 30 days from the date the applicant is notified that the application
is inactive, unless the applicant is granted an extension in writing by the
committee or the board.
b. Once the
application reactivation period is expired, applicants must reapply and submit
a new, nonrefundable initial application fee and a new application, including
required documents and credentials.
(4)
Applicant
responsibilities. An applicant for licensure to practice acupuncture
bears full responsibility for each of the following:
a. Paying all fees charged by regulatory
authorities, national testing or credentialing organizations, health
facilities, and educational institutions providing the information specified in
subrule 17.4(2);
b. Providing
accurate, up-to-date, and truthful information on the application form,
including but not limited to that specified under subrule 17.4(2) related to
prior professional experience, education, training, examination scores,
diplomate status, licensure or registration, and disciplinary history;
and
c. Submitting English
translations of documents in foreign languages bearing the affidavit of the
translator certifying that the translation is a true and complete translation
of the foreign language original. The applicant shall bear the expense of the
translation.
(5)
Licensure application review process. The process below is
utilized to review each application. Priority is given to processing a
licensure application when a written request is received in the board office
from an applicant whose practice will primarily involve provision of services
to underserved populations, including but not limited to persons who are
minorities or low-income or who live in rural areas.
a. An application for initial licensure is
considered open from the date the application form is received in the board
office with the nonrefundable initial application fee.
b. After reviewing each application, staff
will notify the applicant about how to resolve any problems identified by the
reviewer. An applicant shall provide additional information when requested by
staff or the board.
c. If the final
review indicates no questions or concerns regarding the applicant's
qualifications for licensure, staff may administratively grant the license. The
staff may grant the license without having received a report on the applicant
from the FBI.
d. If the final
review indicates questions or concerns that cannot be remedied by continued
communication with the applicant, the executive director, the director of
licensure and the director of legal affairs will determine if the questions or
concerns indicate any uncertainty about the applicant's current qualifications
for licensure.
(1) If there is no current
concern, staff will administratively grant the license.
(2) If any concern exists, the application
will be referred to the committee.
e. Staff will refer to the committee for
review matters that include but are not limited to: falsification of
information on the application, criminal record, malpractice, substance abuse,
competency, physical or mental illness, or professional disciplinary
history.
f. If the committee is
able to eliminate questions or concerns without dissension from staff or a
committee member, the committee may direct staff to issue the license
administratively.
g. If the
committee is not able to eliminate questions or concerns without dissension
from staff or a committee member, the committee will recommend that the board:
(1) Request an investigation;
(2) Request that the applicant appear for an
interview;
(3) If an applicant has
not engaged in active practice in the past three years in any jurisdiction of
the United States, require an applicant to:
1.
Successfully complete continuing education or retraining programs in areas
directly related to the safe and healthful practice of acupuncture deemed
appropriate by the board or committee;
2. Successfully pass a competency evaluation
approved by the board;
3.
Successfully pass an examination approved by the board; or
4. Successfully complete a reentry to
practice program or monitoring program approved by the board;
(4) Issue a license;
(5) Issue a license under certain terms and
conditions or with certain restrictions;
(6) Request that the applicant withdraw the
licensure application; or
(7) Deny
a license.
h. The board
will consider applications and recommendations from the committee and will:
(1) Request an investigation;
(2) Request that the applicant appear for an
interview;
(3) If an applicant has
not engaged in active practice in the past three years in any jurisdiction of
the United States, require an applicant to:
1.
Successfully complete continuing education or retraining programs in areas
directly related to the safe and healthful practice of acupuncture deemed
appropriate by the board or committee;
2. Successfully pass a competency evaluation
approved by the board;
3.
Successfully pass an examination approved by the board; or
4. Successfully complete a reentry to
practice program or monitoring program approved by the board;
(4) Issue a license;
(5) Issue a license under certain terms and
conditions or with certain restrictions;
(6) Request that the applicant withdraw the
licensure application; or
(7) Deny
a license. The board may deny a license for any grounds on which the board may
discipline a license.
(6)
Grounds for denial of
licensure. The board, on the recommendation of the committee, may deny
an application for licensure for any of the following reasons:
a. Failure to meet the requirements for
licensure specified in rule
653-17.3 (147,148E) as
authorized by Iowa Code section
148E.2 or of this
chapter.
b. Pursuant to Iowa Code
section 147.4, upon any of the grounds
for which licensure may be revoked or suspended as specified in Iowa Code
sections 147.55 and
148E.8 or in 481-Chapter
8.
(7)
Preliminary notice of denial. Prior to the denial of licensure
to an applicant, the board will issue a preliminary notice of denial that will
be sent to the applicant by regular, first-class mail at the address provided
by the applicant. The preliminary notice of denial is a public record and cites
the factual and legal basis for denying the application, notifies the applicant
of the appeal process, and specifies the date upon which the denial will become
final if it is not appealed.
(8)
Appeal procedure. An applicant who has received a preliminary
notice of denial may appeal the denial and request a hearing on the issues
related to the preliminary notice of denial by serving a request for hearing
upon the executive director not more than 30 calendar days following the date
when the preliminary notice of denial was mailed. The applicant's current
address shall be provided in the request for hearing. The request is deemed
filed on the date it is received in the board office. If the request is
received with a USPS nonmetered postmark, the board will consider the postmark
date as the date the request is filed. The request shall specify the factual or
legal errors and that the applicant desires an evidentiary hearing and may
provide additional written information or documents in support of
licensure.
(9)
Hearing. If an applicant appeals the preliminary notice of
denial and requests a hearing, the hearing will be a contested case open to the
public and conducted in accordance with 481-Chapter 506.
(10)
Finality. If an
applicant does not appeal a preliminary notice of denial in accordance with
subrule 17.4(8), the preliminary notice of denial automatically becomes final.
A final denial of an application for licensure is a public record.
(11)
Failure to pursue
appeal. If an applicant appeals a preliminary notice of denial in
accordance with subrule 17.4(8) but the applicant fails to pursue that appeal
to a final decision within one year from the date of the preliminary notice of
denial, the board may dismiss the appeal. The appeal may be dismissed only
after the board sends a written notice by first-class mail to the applicant at
the applicant's last-known address. The notice will state that the appeal will
be dismissed and the preliminary notice of denial will become final if the
applicant does not contact the board to schedule the appeal hearing within 30
days of the date the letter is mailed from the board office. Upon dismissal of
an appeal, the preliminary notice of denial becomes final. A final denial of an
application for licensure under this rule is a public record.
(12)
Waiver prohibited.
Provisions of this rule are not subject to waiver pursuant to 481-Chapter 6 or
any other provision of law.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Eligibility requirements. To be licensed to practice acupuncture by the board , a person shall meet all of the following requirements:
a. Fulfill all the application requirements, as specified in 17.5(147,148E).
b. Hold current active status as a diplomate in NCCAOM or, after June 1, 2004, hold current active status as a diplomate in acupuncture or oriental medicine from NCCAOM .
c. Demonstrate sufficient knowledge of the English language to understand and be understood by patients and board and committee members.
(1) An applicant who passed the NCCAOM written and practical examination components in English may be presumed to have sufficient proficiency in English.
(2) An applicant who passed NCCAOM written or practical examination components in a language other than English shall pass the Test of Spoken English (TSE) or the Test of English as a Foreign Language (TOEFL) examinations administered by the Educational Testing Service. A passing score on TSE is a minimum of 50. A passing score on TOEFL is a minimum overall score of 550 on the paper-based TOEFL that was administered on a Friday or Saturday (formerly special or international administration), a minimum overall score of 213 on the computer-administered TOEFL, or a minimum overall score of 79 on the Internet-based examination.
d. Successfully complete a three-year postsecondary training program or acupuncture college program which is accredited by, in candidacy for accreditation by, or which meets the standards of the Accreditation Commission for Acupuncture and Oriental Medicine.
e. Successfully complete a course in clean needle technique approved by the NCCAOM .
f. The applicant 's license is not denied by the board due to the commission of a disqualifying offense, as provided in 653-subrule 9.3(3).
(2) Waiver prohibited. Provisions of this rule are not subject to waiver pursuant to 653-Chapter 3 or any other provision of law.