ARC 4756C

ARC 4756C

NURSING BOARD[655]

Adopted and Filed

Rule making related to removal of licensure sanctions for nonpayment of student debt

The Board of Nursing hereby amends Chapter 17, "Nonpayment of Child Support, Student Loan, or State Debt," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code sections 17A.3 and 272C.4 as amended by 2019 Iowa Acts, Senate File 304.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 272C.4(10) as amended by 2019 Iowa Acts, Senate File 304.

Purpose and Summary

2019 Iowa Acts, Senate File 304, amends Iowa Code section 272C.4 and removes the requirement that licensing boards impose discipline against a licensee who has defaulted on repayment or service obligation under any federal or state educational loan or service-conditional scholarship program. This rule making rescinds the rules in Division II of Chapter 17, which implement the prior requirement that the Board discipline a licensee for nonpayment of a student loan. This rule making also renumbers subsequent rules accordingly.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 14, 2019, as ARC 4598C. A public hearing was held on September 13, 2019, at 9 a.m.at the Board's office, 400 S.W. Eighth Street, Suite B, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Board on October 9, 2019.

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, pursuant to 655—Chapter 15.

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 December 11, 2019.

The following rule-making actions are adopted:

Item 1. Amend 655—Chapter 17, title, as follows:

NONPAYMENT OF CHILD SUPPORT, STUDENT LOAN, OR STATE DEBT

Item 2. Rescind 655—Chapter 17, Division II heading.

Item 3. Rescind rules 655—17.4(261) to 655—17.6(261).

Item 4. Amend 655—Chapter 17, Division III heading, as follows:

DIVISION III II

NONPAYMENT OF STATE DEBT

Item 5. Renumber rules 655—17.7(272D) to 655—17.9(272D) as 655—17.4(272D) to 655—17.6(272D).

Item 6. Amend renumbered rule 655—17.4(272D), introductory paragraph, as follows:

655—17.4(272D) Definitions. The following definitions shall apply to rules 17.8(272D) and 17.9(272D) of this chapter 655—17.5(272D) and 655—17.6(272D).

Item 7. Amend 655—Chapter 17, implementation sentence, as follows:

These rules are intended to implement Iowa Code chapters 252J, 261, and 272D.

[Filed 10/16/19, effective 12/11/19]

[Published 11/6/19]

Editor's Note: For replacement pages for IAC, see IAC Supplement 11/6/19.