ARC 6950C

ARC 6950C

NURSING BOARD[655]

Adopted and Filed

Rule making related to bronchodilator canisters, bronchodilator

canisters and spacers, and opioid antagonists

The Board of Nursing hereby amends Chapter 7, "Advanced Registered Nurse Practitioners," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in 2022 Iowa Acts, House File 771.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2022 Iowa Acts, House Files 771 and 2573.

Purpose and Summary

2022 Iowa Acts, House File 771, amended Iowa Code sections 280.16 and 280.16A to authorize schools to obtain prescriptions for bronchodilator canisters and bronchodilator canisters and spacers. 2022 Iowa Acts, House File 2573, amended Iowa Code section 135.190 to authorize school districts to obtain prescriptions for opioid antagonists. This rule making updates the Board's advanced registered nurse practitioner rules regarding prescribing to schools to include these new authorizations.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6697C. A public hearing was held on December 21, 2022, at 9 a.m. at the Board Office, Suite B, 400 S.W. Eighth Street, Des Moines, Iowa.

The American Lung Association requested more information in the title of the rule. The Association's request to include "school district or accredited nonpublic schools" is already incorporated into subrules 7.8(2) and 7.8(4).

No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Board on January 18, 2023.

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 April 12, 2023.

The following rule-making action is adopted:

Amend rule 655—7.8(152) as follows:

655—7.8(152) Prescribing epinephrine auto-injectors , bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of a facility or school.

7.8(1) An ARNP may issue a prescription for one or more epinephrine auto-injectors in the name of a facility as defined in Iowa Code section 135.185(1), a school district, or an accredited nonpublic school.

7.8(2) An ARNP may issue a prescription for one or more bronchodilator canisters or bronchodilator canisters and spacers in the name of a school district or an accredited nonpublic school.

7.8(3) An ARNP may issue a prescription for one or more opioid antagonists in the name of a school district.

7.8(2) 7.8(4) An ARNP who prescribes epinephrine auto-injectors , bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of an authorized facility as defined in Iowa Code section 135.185(1), a school district, or an accredited nonpublic school, to be maintained for use pursuant to Iowa Code sections 135.185, 260.16 and 260.16A, 135.190, 280.16, and 280.16A, provided the ARNP has acted reasonably and in good faith, shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an epinephrine auto-injector, bronchodilator canister, bronchodilator canister and spacer, or opioid antagonist.

[Filed 2/15/23, effective 4/12/23]

[Published 3/8/23]

Editor's Note: For replacement pages for IAC, see IAC Supplement 3/8/23.