Adopted and Filed
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 9165C
NURSING BOARD[655]
Adopted and Filed
Rulemaking related to uniform rules
The Board of Nursing hereby rescinds 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 adopted 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 rescission of these chapters is in line with the stated goal ofIowa 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 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 licensee’s 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.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 22, 2025, as ARC 8795C. A public hearing was held on the following date(s):
●February 11, 2025
●February 12, 2025
No one attended the public hearings. No public comments were received. No changes from the Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Board on April 9, 2025.
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.
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).
Effective Date
This rulemaking will become effective on June 4, 2025.
The following rulemaking action is adopted:
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.
[Filed 4/10/25, effective 6/4/25]
[Published 4/30/25]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/30/25.
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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 4/30/2025
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- Adopted and Filed
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 4/30/2025.
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