Iowa Code § 216.8C

Current through bills signed by governor as of 5/17/2024
Section 216.8C - [Effective 7/1/2024]

Section 216.8C, Code 2024, is amended by striking the section and inserting in lieu thereof the following:

1. Upon a request for documentation pursuant to section 216.8B, subsection 3, a licensee under chapter 148, 148C, 152, 154B, 154C, or 154D, or a licensee of another state who is licensed under a similar law and who is in good standing with that state, shall make a written finding that includes all of the following:
a. Whether the patient or client has a disability.
b. Whether the patient has a disability-related need for an assistance animal.
c. The particular assistance provided by the assistance animal, if any.
d. Certification whether the provider-patient relationship has existed, in person or telehealth, for at least thirty days between the licensee and the patient or client.
e. Certification whether the licensee is familiar with the person and the disability prior to providing the written finding.
f. The date the finding was issued by the licensee and the date the finding will expire.
g. The license number and type of license held by the licensee.
h. Whether the licensee received a separate or additional fee or other form of compensation solely in exchange for making the written finding required under this section.
2. The written finding must be made within twelve months of the start of a rental agreement and is valid for a period of twelve months or the term of the rental agreement, whichever is greater.
3. The agency, in consultation with the consumer protection division of the office of the attorney general, shall adopt rules regarding the making of a written finding by licensees under this section. The rules shall include a form for licensees to document the licensees' written finding. The form shall recite this section's requirements and comply with the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended, and section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended. The form must contain only two questions regarding the qualifications of the patient or client, which shall be whether a person has a disability and whether the need for an assistance animal or service animal is related to the disability. The form must indicate that the responses must be limited to "yes" or "no". The form must not allow for additional detail.
4. A person who, in the course of employment, is asked to make a finding of disability and disability-related need for an assistance animal or service animal shall utilize the form created by the agency to document the person's written finding.
5. The commission shall offer training and consultation to the governing boards under chapter 148, 148C, 152, 154B, 154C, or 154D.
6. This section does not limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.

Iowa Code § 216.8C

Amended by 2024 Iowa SF 2385,s 258, eff. 7/1/2024.
Amended by 2024 Iowa SF 2268,s 2, eff. 7/1/2024.
Added by 2019 Iowa, ch 65, s 3, eff. 5/2/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.