ARC 3801C

ARC 3801C

NURSING BOARD[655]

Adopted and Filed

Rule making related to supervision by licensed practical nurses

The Board of Nursing hereby amends Chapter 6, "Nursing Practice for Registered Nurses/Licensed Practical Nurses," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code sections 17A.3 and 147.76.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 152.

Purpose and Summary

The following list is a summary of the changes to subrule 6.5(1). The amendments, which pertain to the role and responsibility of the licensed practical nurse (LPN) in a supervisory capacity:

●Clarify the supervisory role of the LPN in an acute care setting.

●Streamline the requirements for and process of completing the National Healthcare Institute's supervisory course for LPNs within 90 days of employment in a supervisory role.

●Clarify the process for LPNs who are currently enrolled as full-time students in a registered nurse program.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 28, 2018, as ARC 3660C. Public comments (written and verbal) were received. Public comments included discussion of the time frame to complete the LPN supervisory course. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Board on April 4, 2018.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on June 13, 2018.

The following rule-making action is adopted:

Amend subrule 6.5(1) as follows:

6.5(1) A licensed practical nurse shall be permitted to supervise unlicensed assistive personnel under the provisions of Iowa Code section 152.1(4)"b." 152.1(5)"b."

a. No change.

b. Supervision shall be in accordance with the following:

(1)A licensed practical nurse working under the supervision of a registered nurse shall be permitted to supervise in an intermediate care facility for the mentally retarded persons with an intellectual disability or in a residential health care setting.

(2)A licensed practical nurse working under the supervision of a registered nurse may direct the activities of other licensed practical nurses and unlicensed assistive personnel in an acute care setting in giving care to individuals assigned to the licensed practical nurse. The registered nurse must be in the proximate area.

(2) (3)A licensed practical nurse working under the supervision of a registered nurse shall be permitted to may supervise in a nursing facility if the licensed practical nurse completes the National Healthcare Institute's Supervisory Course for Iowa's Licensed Practical Nurses within 90 days of employment in a supervisory role. Documentation of the completion of the course shall be maintained by the licensed practical nurse. A licensed practical nurse shall be entitled to supervise without completing the course if the licensed practical nurse was performing in a supervisory role on or before October 6, 1982. A licensed practical nurse who is currently enrolled as a full-time student in a registered nurse program and is scheduled to graduate within one year is not required to complete the course. If the licensed practical nurse does not obtain a registered nurse license within one year, the licensed practical nurse must take the course to continue supervisory duties.

The licensed practical nurse shall be required to complete a curriculum which has been approved by the board and designed specifically for the supervision role of the licensed practical nurse in a nursing facility. The course must be presented by a board-approved nursing program or an approved provider of continuing education. Documentation of the completion of the curriculum as outlined in this subparagraph shall be maintained by the licensed practical nurse.

(3)A licensed practical nurse shall be entitled to supervise without the educational requirement outlined in subparagraph 6.5(1)"b"(2) if the licensed practical nurse was performing in a supervisory role on or before October 6, 1982. The licensed practical nurse being employed in a supervisory role after the enactment of these rules shall complete the curriculum outlined in subparagraph 6.5(1)"b"(2) within six months of employment.

(4)A licensed practical nurse working under the supervision of a registered nurse may direct the activities of other licensed practical nurses and unlicensed assistive personnel in an acute care setting in giving care to individuals assigned to the licensed practical nurse. The registered nurse must be in the proximate area.

[Filed 4/9/18, effective 6/13/18]

[Published 5/9/18]

Editor's Note: For replacement pages for IAC, see IAC Supplement 5/9/18.