Notice of Intended Action
Petitions for rule making; declaratory orders; agency procedure for rule making; examination of public records; disciplinary hearing costs; fair information practices; waiver rules; nonpayment of child support or state debt; military service and veteran reciprocity; Iowa nurse assistance program; contested cases, rescind chs 8 to 11, 13 to 15, 17 to 20
ARC 8795C
NURSING BOARD[655]
Notice of Intended Action
Proposing rulemaking related to uniform rules
and providing an opportunity for public comment
The Board of Nursing hereby proposes to rescind Chapter 8, “Petitions for Rule Making,” Chapter 9, “Declaratory Orders,” Chapter 10, “Agency Procedure for Rule Making,” Chapter 11, “Examination of Public Records,” Chapter 13, “Disciplinary Hearing Costs,” Chapter 14, “Fair Information Practices,” Chapter 15, “Waiver Rules,” Chapter 17, “Nonpayment of Child Support or State Debt,” Chapter 18, “Military Service and Veteran Reciprocity,” Chapter 19, “Iowa Nurse Assistance Program,” and Chapter 20, “Contested Cases,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 22, 147, 152, 252J, 272C and 272D and Executive Order 10.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 22, 147, 252J and 272D and section 272C.3.
Purpose and Summary
In light of the Board’s realignment with the Department of Inspections, Appeals, and Licensing resulting from 2023 Iowa Acts, Senate File 514, the Board finds it is unnecessary and unreasonably duplicative to repromulgate these chapters. It is the Board’s intent to rely on the model chapters under agency number [481]. The proposed rescission of these chapters is in line with the stated goal of Iowa Code chapter 17A to “simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions.”
Chapter 8 provides guidance to the public and licensees on the procedures to petition the Board for rulemaking. These procedures are used when the public or a licensee believes a new rule should be promulgated by the Board. This chapter is substantially similar to 481—Chapter 2, which the Board will adopt by reference and utilize for petitions for rulemaking.
Chapter 9 provides guidance to the public and licensees on the procedures to petition for declaratory order from the Board. These procedures are used when the public or licensee requests a formal opinion from the Board on the interpretation of a rule. This chapter is substantially similar to 481—Chapter 3, which the Board will adopt by reference and utilize for the declaratory order process.
Chapter 10 adopts the Uniform Rules on Agency Procedure.The chapter provides for amendments to the uniform rules to fit the purpose of the Board. This chapter is substantially similar to 481—Chapter 4, which the Board will adopt by reference.
Chapter 11 provides guidance on public records and how individuals can receive public records from the Board. The chapter is substantially similar to 481—Chapter 5, which the Board will adopt by reference and utilize for the purposes of public records.
Chapter 13 provides definitions, authority, and fees for disciplinary hearings and proceedings before the Board.In light of Executive Order 10, this chapter is proposed to be rescinded and will be merged with 655—Chapter 4.
Chapter 14 provides guidance on fair information practices utilized by the Board. The chapter is substantially similar to 481—Chapter 5, which the Board will adopt by reference and utilize for the purposes of fair information practices.
Chapter 15 provides guidance to the public and licensees on when and how to request a waiver of an administrative rule. The chapter is substantially similar to 481—Chapter 6, which will be utilized by the Board for waivers.
Chapter 17 implements Iowa Code chapter 272D, which provides for procedures when a license may be denied, suspended, or revoked for nonpayment of a state debt and child support obligations. This chapter is substantially similar to 481—Chapter 8, which will be utilized by the Board for these procedures.
Chapter 18 provides a mechanism for United States veterans and spouses of veterans to apply for and be granted reciprocity for licensing requirements in the state of Iowa. This chapter is substantially similar to 481—Chapter 7, which the Board will adopt in place of this chapter.
Chapter 19 creates the Iowa Nurse Assistance Program.This is a confidential program to ensure that a licensee is safe to practice the licensees profession.The program provides ongoing monitoring for eligible participants.This chapter is substantially similar to 481—Chapter 505, which will be utilized by the Board for its impaired practitioner program for physicians.
Chapter 20 provides the licensee an outline of how a contested case proceeding is initiated and the rights and responsibilities of the licensee during that process. The Board intends to rescind this chapter and adopt by reference 481—Chapter 506, which is substantially similar to this chapter.
Regulatory Analysis
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 received no public comments for these chapters.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on February 11, 2025. Comments should be directed to:
|
Emily DeRonde |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
|
February 11, 2025 |
6200 Park Avenue |
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February 12, 2025 |
6200 Park Avenue |
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
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.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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).
The following rulemaking action is proposed:
ITEM 1.Rescind and reserve 655—Chapter 8.
ITEM 2.Rescind and reserve 655—Chapter 9.
ITEM 3.Rescind and reserve 655—Chapter 10.
ITEM 4.Rescind and reserve 655—Chapter 11.
ITEM 5.Rescind and reserve 655—Chapter 13.
ITEM 6.Rescind and reserve 655—Chapter 14.
ITEM 7.Rescind and reserve 655—Chapter 15.
ITEM 8.Rescind and reserve 655—Chapter 17.
ITEM 9.Rescind and reserve 655—Chapter 18.
ITEM 10.Rescind and reserve 655—Chapter 19.
ITEM 11.Rescind and reserve 655—Chapter 20.
Nursing Board
- 400 SW 8th St
- Ste B
- Des Moines, IA 50309
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Closed For Comments
This notice is now closed for comments. Collection of comments closed on 2/11/2025.
Official Document
- Petitions for rule making; declaratory orders; agency procedure for rule making; examination of public records; disciplinary hearing costs; fair information practices; waiver rules; nonpayment of child support or state debt; military service and veteran reciprocity; Iowa nurse assistance program; contested cases, rescind chs 8 to 11, 13 to 15, 17 to 20
- Published on 1/22/2025
- 68 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 1/22/2025.
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