ARC 5826C

ARC 5826C

NURSING BOARD[655]

Adopted and Filed

Rule making related to submission of waiver information

The Board of Nursing hereby amends Chapter 15, "Waiver Rules," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 17A.9A.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 17A.9A.

Purpose and Summary

During the 2020 Legislative Session, the Legislature passed 2020 Iowa Acts, House File 2389, which made various amendments to Iowa Code chapter 17A. Section 10 of this legislation amended Iowa Code section 17A.9A by establishing an Internet site for the submission of waiver information, and agencies are now required to submit information regarding waivers within 60 days of ruling on a waiver request. This rule making updates the Board's waiver-reporting rules to align with the new procedure. In addition, this rule making updates the Chapter 15 parenthetical implementation statutes and the chapter implementation sentence.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on May 5, 2021, as ARC 5616C. A public hearing was held on May 25, 2021, at 10 a.m. at the Board's Office, Suite B, 400 S.W. Eighth Street, 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 July 14, 2021.

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 September 15, 2021.

The following rule-making actions are adopted:

Item 1. Amend rule 655—15.1(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.1( 147,ExecOrd8,78GA,ch1176 17A,147) Definition.

Item 2. Amend rule 655—15.2(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.2( 147,ExecOrd8,78GA,ch1176 17A,147) Scope of chapter.

Item 3. Amend rule 655—15.3(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.3( 147,ExecOrd8,78GA,ch1176 17A,147) Applicability of chapter.

Item 4. Amend rule 655—15.4(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.4( 147,ExecOrd8,78GA,ch1176 17A,147) Criteria for waiver.

Item 5. Amend rule 655—15.5(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.5( 147,ExecOrd8,78GA,ch1176 17A,147) Filing of petition.

Item 6. Amend rule 655—15.6(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.6( 147,ExecOrd8,78GA,ch1176 17A,147) Content of petition.

Item 7. Amend rule 655—15.7(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.7( 147,ExecOrd8,78GA,ch1176 17A,147) Additional information.

Item 8. Amend rule 655—15.8(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.8( 147,ExecOrd8,78GA,ch1176 17A,147) Notice.

Item 9. Amend rule 655—15.9(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.9( 147,ExecOrd8,78GA,ch1176 17A,147) Hearing procedures.

Item 10. Amend rule 655—15.10(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.10( 147,ExecOrd8,78GA,ch1176 17A,147) Ruling.

Item 11. Amend rule 655—15.11(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.11( 147,ExecOrd8,78GA,ch1176 17A,147) Public availability.

Item 12. Amend rule 655—15.12(147,ExecOrd8,78GA,ch1176) as follows:

655—15.12( 147,ExecOrd8,78GA,ch1176 17A,147) Summary reports Submission of waiver information. Semiannually, each division board shall prepare a summary report identifying Within 60 days of granting or denying a waiver, the board shall submit the following information to the Internet site created pursuant to Iowa Code section 17A.9A(4): the rules rule(s) for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by these rules the rule(s), and a general summary of the reasons justifying the board's actions on the waiver requests request. If practicable, the report submission shall detail the extent to which the granting of a waiver has established a precedent for additional waivers and the extent to which the granting of a waiver has affected the general applicability of the rule itself. Copies of this report shall be available for public inspection and shall be provided semiannually to the administrative rules coordinator and the administrative rules review committee.

Item 13. Amend rule 655—15.13(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.13( 147,ExecOrd8,78GA,ch1176 17A,147) Cancellation of a waiver.

Item 14. Amend rule 655—15.14(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.14( 147,ExecOrd8,78GA,ch1176 17A,147) Violations.

Item 15. Amend rule 655—15.15(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.15( 147,ExecOrd8,78GA,ch1176 17A,147) Defense.

Item 16. Amend rule 655—15.16(147,ExecOrd8,78GA,ch1176), parenthetical implementation statute, as follows:

655—15.16( 147,ExecOrd8,78GA,ch1176 17A,147) Judicial review.

Item 17. Amend 655—Chapter 15, implementation sentence, as follows:

These rules are intended to implement Iowa Code chapter chapters 17A and 147, Executive Order Number 8, and 2000 Iowa Acts, chapter 1176.

[Filed 7/19/21, effective 9/15/21]

[Published 8/11/21]

Editor's Note: For replacement pages for IAC, see IAC Supplement 8/11/21.