The proclamation extends public health mitigation measures currently in place for businesses and other establishments.

FOR IMMEDIATE RELEASE: Friday, July 24, 2020
CONTACT: Pat Garrett, (515) 802-0986

DES MOINES - Today, Gov. Reynolds signed a new proclamation continuing the Public Health Disaster Emergency for another 30 days. 

The proclamation extends public health mitigation measures currently in place for businesses and other establishments. This includes the requirements for bars and restaurants to ensure six feet of physical distance between each group or individual dining or drinking; to ensure all patrons have a seat at a table or bar; and to limit congregating together closer than six feet. Requirements for social distancing, hygiene, and other public health measures to reduce the risk of transmission also remain in place for gyms, casinos, salons, theaters, and other establishments without change.

The proclamation also extends many of the previously issued regulatory relief measures necessary to respond to this public health disaster, including those related to healthcare, professional licensure, educational workforce, and expirations of driver’s licenses. 

Some provisions have not been extended, including the suspension of the requirement for retailers to accept empty bottles and cans for redemption of the container deposit. That statutory requirement will resume on July 26, 2020.

The proclamation is now in effect until 11:59 p.m. on Sunday, August 23, 2020.

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 continue to order that until 11:59 p.m. on August 23, 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)   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.

(2)   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)   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.

(2)   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.

(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.

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

(1)   Social distancing: The establishment must encourage social distancing by spacing gaming positions at least six feet apart, turning off alternating gaming machines, or separating positions with a barrier of sufficient height to fully separate patrons. The establishment may operate table games provided that it takes reasonable measures to reduce the risk of transmission, such as limiting the number patrons at a table, encouraging or requiring face covering of patrons or employees, providing hand sanitizer, or taking other precautions.

(2)   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.

(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.

D. Senior citizen centers and adult daycare facilities:  A facility that conducts adult day services or other senior citizen centers may reopen, but only to the extent that the establishment complies with guidance issued by the Iowa Department of Public Health to ensure social distancing, increased hygiene practices, and other public health measures.

E. Salons and Barbershops: A salon or barbershop, including any establishment providing the services of barbering, cosmetology, electrology, esthetics, nail technology, manicuring, and pedicuring may reopen, but only to the extent that it complies with the following requirements:

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

(2)   Other social distancing, hygiene, and public health measures: The salon or barbershop 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. 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.

G. Theaters and Performance Venues: Any theater or performance venue at which motion pictures are shown or live performances are held may reopen or remain open, but only to the extent that the theater complies with the following requirements:

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

(2)   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.

H. Race tracks: A speedway or race track, including a track conducting horse or dog races, may reopen or continue its operations, provided that the establishment complies with the following requirements:

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

(2)   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.

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

(1)   Play areas: Any play area or playground in a common area must remain closed.

(2)   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.

J.  Other establishments: A museum, aquarium, zoo, library, indoor playground, children’s play center, swimming pool, bingo hall, bowling alley, pool hall, arcade, amusement park, campground, tanning facility, massage therapy establishment, tattoo establishment, or 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 the facility 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.

MASS GATHERINGS

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, until this disaster proclamation expires:

A. A social, community, recreational, leisure, or sporting gathering or event, including but not limited to a parade, festival, farmers market, auction, 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)   Social distancing: The gathering organizer must ensure at least six feet of physical distance between each group or individual attending alone.

(2)   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.

B. Sporting and recreational events: Practices, games, and competitions for recreational or sporting gatherings are not prohibited by this section even where athletes may have 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.

NONESSENTIAL OR ELECTIVE SURGERIES AND PROCEDURES

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 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 72 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 10% of intensive care unit (ICU) beds and 10% 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 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, 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.

MANDATORY SCREENING OF HEALTH FACILITY STAFF

SECTION Six.   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.

IN-PERSON INSTRUCTION AT SCHOOLS

SECTION Seven.  Under Iowa law, “in-person instruction is the presumed method of instruction” for all school districts and accredited nonpublic schools during the 2020-2021 school year. I continue to direct that all state agencies, school districts, and other local governmental bodies and agencies shall take all efforts to prepare to safely welcome back students and teachers to school in-person this fall. These efforts shall also ensure that schools have the flexibility to continue providing education remotely if it becomes necessary and that parents have the option to select a learning model for their children that best meets the needs of their family. But the best interests of students and families requires that our schools are prepared to provide a structured, safe, and enriching academic environment.

AUTHORIZATION OF CERTAIN REMOTE LEARNING

SECTION Eight.  Pursuant 2020 Iowa Acts Chapter 1107 (Senate File 2310), section 15, subsection 1, I continue to authorize a brick-and-mortar school district or accredited nonpublic school to provide instruction primarily through remote-learning opportunities only in one of the following circumstances:

A.    Parental consent: If a parent or guardian voluntarily selects the remote learning opportunity from among multiple options provided by the school district or nonpublic school in accordance with its Return-to-Learn Plan.

B.     Approved temporary school building or district closure: If the Iowa Department of Education, in consultation with the Iowa Department of Public Health, approves of the temporary move to primarily remote learning for an entire school building or district because of public health conditions in the building or district.

C.    Temporary remote learning for individual students or classrooms: If the school district or accredited nonpublic school determines, in consultation with state and local public health departments, that individual students or classrooms, but not all the students in a school building, must temporarily move to primarily remote learning because of public health conditions in the building.

D.    Temporary remote learning because of inclement weather: If the school district or accredited nonpublic school determines that an entire school building or district must temporarily move to primarily remote learning because of inclement weather for a period not exceeding five consecutive school days unless the Iowa Department of Education approves of a longer period.  

So long as any remote learning is provided in accordance with a compliant Return-to-Learn plan and is authorized in this section or is not the primary method of instruction (because at least half of the school district or accredited nonpublic school’s instruction is provided in-person during any two-week period), any instructional time provided by remote learning shall count towards the hours and days requirements of Iowa law as provided for by 2020 Iowa Acts Chapter 1107 (Senate File 2310), section 9. 

EDUCATION WORKFORCE LICENSURE RELIEF

SECTION 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 282-22.2, limiting the number of consecutive days and the total number of days in a 30-day period that a person may serve as a substitute teacher during one job assignment, and of Iowa Admin. Code rule 282-13.16(2) limiting the number of days of teaching in one assignment during a school year. For the duration of this disaster proclamation and any extension of this suspension, a substitute authorization or substitute license shall allow an individual to substitute in grades pre-kindergarten through 12, except in a driver’s education classroom for any length of time.

SECTION 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 282-22.2(1)(a)(2), requiring a baccalaureate degree or higher from a regionally accredited institution to be issued a substitute authorization, but only to the extent that the applicant instead has achieved an associate’s degree or completed 60 semester hours of college coursework from a regionally accredited institution.

SECTION Eleven.  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 § 272.2(14)(b)(2) and Iowa Admin. Code rule 282-22.2(1)(a)(3), requiring the applicant to be at least twenty-one years of age, but only to the extent that the applicant is at least twenty years of age.

SECTION Twelve.  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 § 272.12 and Iowa Admin. Code rule 282-22.2, limiting the holder of a paraeducator certificate with a substitute authorization appearing on the certificate to substituting only in the special education classroom in which the paraeducator is employed. For the duration of this disaster proclamation and any extension of this suspension, a paraeducator who holds or obtains a substitute authorization on a paraeducator certificate may substitute in any classroom in grades pre-kindergarten through 12, except in a driver’s education classroom.

SECTION Thirteen.  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 282-13.16(3), 22.2, 22.9, and any other Iowa law that would prohibit the holder of a career and technical secondary authorization or an initial career and technical secondary authorization who has completed at least one year of teaching experience employed by a school district from serving as a substitute teacher in any classroom in grade pre-kindergarten through 12, except in a driver’s education classroom. For the duration of this disaster proclamation and any extension of this suspension, the holder of a career and technical secondary authorization or an initial career and technical secondary authorization who has completed at least one year of teaching experience employed by a school district may substitute in any classroom in grades pre-kindergarten through 12, except in a driver’s education classroom without any further authorization from the Board of Educational Examiners.

###