Governor permits more services to reopen during disaster emergency

DES MOINES – On May 6, Iowa Gov. Kim Reynolds signed a new proclamation continuing the Public Health Disaster Emergency.

The proclamation permits dental services to resume in compliance with guidelines adopted by the Iowa Dental Board, permits some additional businesses and establishments to reopen throughout Iowa in a limited fashion with appropriate public health measures in place, and provides additional regulatory relief to assist Iowans affected by this disaster.

The state of public health disaster emergency shall continue to expire on May 27, 2020, at 11:59 p.m., unless sooner terminated or extended in writing by the governor.

Newly permitted services include the following:

Dental services

Effective at 5 a.m. on May 8, and continuing until this disaster proclamation expires:

1. 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.

(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.

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

Reopening of additional

businesses statewide

Effective at 5 a.m. on May 8, and continuing until 11:59 p.m. on May 15:

1. Campgrounds: Any public or private campground may reopen, 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.
2. Drive-in movie theaters: The closure of theaters where motion pictures are shown shall not apply to a drive-in movie theater. A drive-in movie theater may reopen, 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.
3. Tanning facilities: A tanning facility, as defined by Iowa Code § 136D.2(5), may reopen, but only to the extent that the facility 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.
4. Medical spas: Medical spas, as defined in Iowa Admin Code § 653-13.8(1), may reopen to provide medical aesthetic services, but only if the medical spa complies with the requirements for performing outpatient procedures that utilize PPE in section 10, paragraph A, of the Proclamation of Disaster Emergency issued or April 27, 2020.

Social and fraternal clubs

Effective at 5 a.m. on May 8, and continuing until 11:59 p.m. on May 15:

* All counties except Allamakee, Benton, Black Hawk, Bremer, Dallas, Des Moines, Dubuque, Fayette, Henry, Iowa, Jasper, Johnson, Linn, Louisa, Marshall, Muscatine, Polk, Poweshiek, Scott, Tama, Washington, or Woodbury County

1. Social and fraternal clubs: All social and fraternal clubs, including but not limited to American Legion or VFW posts, Elks Clubs, country clubs, and golf course clubhouses shall be closed, except that a golf course clubhouse may also be open to the minimal extent necessary to facilitate use of the golf course provided appropriate social distancing practices are implemented and any such social or fraternal club may reopen to serve food and beverages on its premises, but only to the extent that it complies with the following requirements:

(1) Capacity limited: The club must limit the number of customers present at indoor or outdoor spaces to 50 percent of its normal operating capacity to ensure adequate spacing of groups.

(2) Groups limited: The club must ensure that no group of customers seated together in the restaurant is larger than six people.

(3) Social distancing: The club must ensure at least six feet of physical distance between each group or individual dining alone.

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

(5) Social distancing, hygiene, and public health measures: The club 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.

(6) Food Service Required: If the club serves alcoholic beverages and the service of food is merely incidental to the consumption of beverages and is limited to the service of ice, snack foods and the reheating of commercially prepared foods such as frozen pizza, pre-packaged sandwiches, or other prepackaged, ready-to-serve products, the club shall continue to be closed to the public except that to the extent permitted by applicable law as modified by the suspensions in this proclamation, and in accordance with any recommendations of the Iowa Department of Public Health, food and beverages may be sold if such food or beverages are promptly taken from the premises, such as on a carry-out or drive-through basis, or if the food or beverage is delivered to customers off the premises.

Reopening of additional businesses

Effective at 5 a.m. on May 8, and continuing until 11:59 p.m. on May 15:

* This section shall apply only to businesses and establishments located in Allamakee, Benton, Black Hawk, Bremer, Dallas, Des Moines, Dubuque, Fayette, Henry, Iowa, Jasper, Johnson, Linn, Louisa, Marshall, Muscatine, Polk, Poweshiek, Scott, Tama, Washington, and Woodbury counties.

1. Fitness centers: All fitness centers, health clubs, health spas, gyms, aquatic centers shall continue to be closed, except that such a facility may open on an appointment basis, provided that the facility permits only a single patron at one time and takes reasonable measures under the circumstances of each facility to ensure social distancing of employees and patrons, increased hygiene practices, an other public health measures to reduce the risk of transmission of COVID-19 consistent with Guidance issued by the Iowa Department of Public Health.
2. Malls: An enclosed mall may reopen, 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 percent of its maximum legal occupancy capacity.

1. Common seating areas: All common seating areas, such as food courts, shall remain closed. Restaurants in food courts may operate on a carryout basis.
2. Play areas: Any play area or playground must remain closed.
3. 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.
4. Other retail establishments: A retail establishments that was previously ordered to be closed under section 5, paragraph I, of the Proclamation of Disaster Emergency issued on April 27, 2020, may reopen, but only to the extent that it limits the number of customers present to 50 percent 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.