ARC 8762C

ARC 8762C

Proposing rulemaking related to administrative and regulatory authority
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. A public hearing was held on the following date(s):

●November 19, 2024

The Department of Inspections, Appeals, and Licensing received no public comments for this chapter.

Any persons who intend to attend a hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

ITEM 1.Rescind 655—Chapter 1 and adopt the following new chapter in lieu thereof:

CHAPTER 1

ADMINISTRATIVE AND REGULATORY AUTHORITY

655—1.1(17A,147,152,152E,272C) Description and organization of the board.

1.1(1) Board composition. The composition of the board is established in Iowa Code section 147.14.

1.1(2) Board leadership and committees. The board annually selects a chairperson and a vice chairperson from its own membership. The election of chairperson and vice chairperson, as well as standing committee assignments, is done during the first regularly scheduled meeting after May 1.

1.1(3) Board authority. The board’s authority for regulating nursing education, nursing practice, and continuing education for nurses in the state of Iowa is found in Iowa Code chapters 147, 147A, 152, 152E, and 272C.

655—1.2(17A,152,152E,272C) Responsibilities. The responsibilities of the board include but are not limited to:

1.Licensing qualified applicants for the practice of nursing by examination, endorsement, renewal, and compact privilege pursuant to Iowa Code chapters 147, 152, 152E, and 272C.

2.Conducting investigations and imposing discipline for violations of statutes or rules related to the practice of nursing pursuant to Iowa Code chapters 147, 152, and 272C.

3.Approving nursing education programs pursuant to Iowa Code section 152.5.

4.Collecting, analyzing, and disseminating nursing workforce data pursuant to Iowa Code section 152.4.

5.Overseeing the nursing profession through policymaking and rulemaking.

655—1.3(17A,272) Submission of requests, obtaining information, and board office. Members of the general public may obtain information or submit requests or complaints relative to the licensure of nursing, practice of nursing, nursing education, continuing education, or any other matters relating to the function and authority of this board. Correspondence should be submitted to the executive director at the board office. The board office is located at 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321.

655—1.4(17A,21) Meetings.

1.4(1) Quorum. A majority of the members of the board constitutes a quorum.

1.4(2) Meeting schedule and public notice. The board will schedule and hold regular meetings. The date, time, and location of each meeting of the board will be made available to the public on the board’s website and upon request by contacting the board office.

1.4(3) Special meetings. Special meetings of the board may be called by the chairperson or upon request of four board members to the chairperson or the executive director.

1.4(4) Meeting materials. Materials received at the board office at least three weeks prior to a scheduled board meeting may be placed on the agenda. Materials from emergency or unusual circumstances may be added to the agenda with the chairperson or executive director’s approval.

1.4(5) Public observation and comment. The board will provide a means for members of the public to observe and, when appropriate, offer public comment during board meetings unless the board votes to hold a closed session.

a.Anyone who has submitted materials for the agenda or whose presence has been requested by the board will be given the opportunity to address the board.

b.At every regularly scheduled board meeting, time will be designated for public comment. During the time on the agenda for public comment, anyone may speak for up to two minutes per person. Requests to speak at a later time for two minutes per person when a particular topic comes before the board should be made at the time for public comment and will be granted at the discretion of the chairperson. No more than ten minutes will be allotted to public comment at any one time unless the chairperson indicates otherwise.

c.An individual who has not asked to address the board during the time for public comment may be recognized by the chairperson upon request. Acknowledgment and an opportunity to speak will be at the discretion of the chairperson.

655—1.5(147,152,272C) Communications. The board may issue or disseminate communications as a means to provide information to licensees and the general public related to the mission and responsibilities of the board. Board communications may include but are not limited to publishing updates on its website, issuing a newsletter, and other written, audio, or video methods of communication.

655—1.6(17A,272C) Adoption of uniform and model rules. The board hereby adopts by reference the following:

1.6(1) Uniform Rules on Agency Procedure, 481—Chapters 2 through 6.

1.6(2) Military service, veteran reciprocity, and spouses of active-duty service members, 481—Chapter 7.

1.6(3) Licensing and child support noncompliance, student loan repayment noncompliance, and nonpayment of state debt, 481—Chapter 8.

1.6(4) Model rules for use of criminal convictions in eligibility determinations and initial licensing decisions, 481—Chapter 502.

1.6(5) Model rules for licensee review committee, 481—Chapter 505.

1.6(6) Model rules for contested cases before licensing boards, 481—Chapter 506.

These rules are intended to implement Iowa Code chapters 17A, 147, 152, 152E, and 272C.