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Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 15 - Waiver Rules › Rule 655-15.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10
				to
				17A.18A
				regarding contested case hearings shall apply to any petition for a waiver
				filed within a contested case, and shall otherwise apply to agency proceedings
				for a waiver only when the board so provides by rule or order or is required to
				do so by statute.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 15 - Waiver Rules › Rule 655-15.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and duration
				of the waiver if one is issued.
(1)
Board discretion
. The final decision on whether the
			 circumstances justify the granting of a waiver shall be made at the sole
			 discretion of the board, upon consideration of all relevant factors. Each
			 petition for a waiver shall be evaluated by the board based on the unique,
			 individual circumstances set out in the petition.
(2)
Burden of persuasion
.
			 The burden of persuasion rests with the petitioner to demonstrate by clear and
			 convincing evidence that the board should exercise its discretion to grant a
			 waiver from a board rule.
(3)
Narrowly tailored exception
. A waiver, if granted, shall
			 provide the narrowest exception possible to the provisions of a rule
(4)
Administrative
			 deadlines
. When the rule from which a waiver is sought establishes
			 administrative deadlines, the board shall balance the special individual
			 circumstances of the petitioner with the overall goal of uniform treatment of
			 all similarly situated persons.
(5)
Conditions
. The board may place any condition on a waiver that
			 the board finds desirable to protect the public health, safety, and
			 welfare.
(6)
Time period of
			 waiver
. A waiver shall not be permanent unless the petitioner can show
			 that a temporary waiver would be impracticable. If a temporary waiver is
			 granted, there is no automatic right to renewal. At the sole discretion of the
			 board, a waiver may be renewed if the board finds that grounds for a waiver
			 continue to exist.
(7)
Time
			 for ruling
. The board shall grant or deny a petition for a waiver as
			 soon as practicable but, in any event, shall do so within 120 days of its
			 receipt, unless the petitioner agrees to a later date. However, if a petition
			 is filed in a contested case, the board shall grant or deny the petition no
			 later than the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied
. Failure of the board to grant or deny a petition within the
			 required time period shall be deemed a denial of that petition by the board.
			 However, the board shall remain responsible for issuing an order denying a
			 waiver.
(9)
Service of
			 order
. Within seven days of its issuance, any order issued under this
			 chapter shall be transmitted to the petitioner or the person to whom the order
			 pertains and to any other person entitled to such notice by any provision of
			 law.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 15 - Waiver Rules › Rule 655-15.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				indexed, filed, and available for public inspection as provided in Iowa Code
				section
				17A.3.
				Petitions for a waiver and orders granting or denying a waiver petition are
				public records under Iowa Code chapter 22. Some petitions or orders may contain
				information the board is authorized or required to keep confidential. The board
				may accordingly redact confidential information from petitions or orders prior
				to public inspection.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 15 - Waiver Rules › Rule 655-15.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
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 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 the rule(s), and a general summary of the reasons
				justifying the board's actions on the waiver request. If practicable, the
				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.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 15 - Waiver Rules › Rule 655-15.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by a division board pursuant to this chapter
				may be withdrawn, canceled, or modified if, after appropriate notice and
				hearing, the board issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
			 the public health, safety and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with all conditions contained in the
			 order.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 15 - Waiver Rules › Rule 655-15.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
				a violation of the particular rule for which the waiver was granted. As a
				result, the recipient of a waiver under this chapter who violates a condition
				of the waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 15 - Waiver Rules › Rule 655-15.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order is
				a defense within its terms and the specific facts indicated therein for the
				person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 16 - Certified Professional Midwives › Rule 655-16.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter, in addition to those listed below,
				definitions as stated in Iowa Code section
				148I.1 apply to this
				chapter.
"Administer"
means the same as defined in Iowa
				Code section 155A.3(1).
"Consultation"
means discussing the aspects of
				an individual client's circumstance with other professionals to ensure
				comprehensive and quality care for the client, consistent with the objectives
				in the client's treatment plan or for purposes of making adjustments to the
				client's treatment plan. Consultation may include history-taking; examination
				of the client; rendering an opinion concerning diagnosis or treatment; or
				offering service, assistance or advice.
"Professional conduct"
means behavior that
				adheres to the practice standards set out in rule
				655-16.3 (148I).
"Unprofessional conduct"
means unethical
				conduct, including but not limited to acts or behavior that is inconsistent
				with Iowa Code chapter 148I or any violations of this
				chapter.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 16 - Certified Professional Midwives › Rule 655-16.2 - Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial
			 license.
An individual seeking initial licensure as a certified
			 professional midwife (CPM) will submit the following:
a. A completed application for
			 licensure.
b. Payment of the
			 application fee.
c. A dated copy of
			 the applicant's current certification issued by the North American Registry of
			 Midwives or its successor organization, including the applicant's education or
			 midwifery bridge certificate in accordance with Iowa Code section
			 148I.2.
d. An official transcript or certificate
			 denoting the date of high school graduation and diploma or
			 equivalent.
e. A dated certificate
			 of completion of mandatory reporter training.
f. A written plan in accordance with Iowa
			 Code section 148I.4(1)
"g."
g. Two
			 completed fingerprint cards and a signed waiver form to facilitate a national
			 criminal history background check.
h. If the applicant has a criminal history, a
			 copy of all documents required by rule
			 655-3.11 (272C).
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 16 - Certified Professional Midwives › Rule 655-16.3 - Practice Standards

Current through Register Vol. 47, No. 3, July 24, 2024
A CPM shall practice within the legal boundaries for certified
				professional midwifery as set forth in Iowa Code chapter 148I, this chapter,
				and any other pertinent law or regulation. A licensed CPM shall:
(1) Comply with the practice standards
			 accepted by the North American Registry of Midwives as defined by the National
			 Association of Certified Professional Midwives (NACPM) or its successor
			 organization, as of February 1, 2024, found at nacpm.org.
(2) Demonstrate professionalism and
			 accountability in the practice of certified professional midwifery, including:
a. Demonstrating honesty and integrity in
			 practice.
b. Basing decisions in
			 practice on knowledge, judgment, skills, and the needs of clients.
c. Maintaining competence through completion
			 of the continuing education requirements in subrule 16.2(2) and application of
			 such education in practice.
d.
			 Reporting to appropriate authorities instances of unsafe practice by a
			 CPM.
e. Being accountable for
			 judgments and individual actions as a CPM and competence, decisions, and
			 behaviors in the practice of certified professional midwifery.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 16 - Certified Professional Midwives › Rule 655-16.4 - Delegation to Another Cpm

Current through Register Vol. 47, No. 3, July 24, 2024
The CPM shall apply the delegation process when delegating to
				another CPM by:
(1) Delegating only
			 those midwifery tasks that fall within the delegate's scope of practice,
			 education, experience, and competence.
(2) Matching the client's needs and
			 circumstances with the delegate's qualifications and resources.
(3) Communicating directions and expectations
			 for completion of the delegated activity and receiving confirmation of
			 understanding of the communication from the delegate.
(4) Monitoring performance, progress and
			 outcomes and ensuring appropriate documentation is complete.
(5) Evaluating client outcomes as a result of
			 the delegation process.
(6)
			 Intervening when problems are identified and revising plan of care when
			 needed.
(7) Retaining
			 accountability for properly implementing the delegation process.
(8) Promoting a safe and therapeutic
			 environment by:
a. Providing appropriate
			 monitoring of the care environment.
b. Identifying unsafe care
			 situations.
c. Correcting problems
			 or referring problems to a physician as described in Iowa Code section
			 148.1 or advanced registered
			 nurse practitioner as defined in Iowa Code section
			 152.1.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 16 - Certified Professional Midwives › Rule 655-16.5 - Testing and Drugs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee
			 may:
a. Obtain and administer drugs in
			 accordance with Iowa Code section
			 148I.4.
b. Obtain and administer the following drugs
			 approved by the board of nursing:
(1)
			 Pyridoxine (vitamin B6) IM or IV for treatment of hyperemesis;
(2) Terbutaline for cord prolapse;
			 and
(3) Nifedipine for
			 eclampsia.
c. Request
			 board approval to obtain and administer other drugs, not otherwise stated in
			 Iowa Code section 148I.4(1)
"d,"
consistent with the practice of certified professional
			 midwifery.
d. Obtain appropriate
			 screening and testing for clients in accordance with Iowa Code section
			 148I.4(1)
"c."
e. Administer
			 prescription drugs prescribed by a licensed health care provider to a client in
			 accordance with Iowa Code section
			 148I.4(1)
"e."
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 16 - Certified Professional Midwives › Rule 655-16.6 - Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee may be disciplined for failure to comply with Iowa
				Code chapter 148I or this chapter or for any wrongful act or omission related
				to the licensee's practice, licensure, or professional conduct, including but
				not limited to the following:
(1) In
			 accordance with Iowa Code section
			 147.55(1),
			 behavior that constitutes fraud in procuring a license that may include but
			 need not be limited to the following:
a.
			 Falsification of the application, certification, or records submitted to the
			 board for licensure or license renewal as a CPM.
b. Fraud, misrepresentation, or deceit in
			 taking the licensing examination or in obtaining a license as a CPM.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 16 - Certified Professional Midwives › Rule 655-16.7 - Telehealth

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Telehealth permitted.
A CPM may, in accordance with all
			 applicable laws and rules, provide services to a client through
			 telehealth.
(2)
License
			 required.
A CPM who provides services through telehealth to a client
			 physically located in Iowa must be licensed by the board. A CPM who provides
			 services through telehealth to a client physically located in another state
			 shall be subject to the laws and jurisdiction of the state where the client is
			 physically located.
(3)
Standard of care.
a. A CPM
			 who provides services through telehealth shall be held to the same standard of
			 care as is applicable to in-person settings. A CPM shall not perform any
			 service via telehealth unless the same standard of care can be achieved as if
			 the service were performed in person.
b. Prior to initiating contact with a client
			 for the purpose of providing services to the client using telehealth, a CPM
			 shall:
(1) Review the client's history and all
			 relevant medical records; and
(2)
			 Determine as to each unique client encounter whether the CPM will be able to
			 provide the same standard of care using telehealth as would be provided if the
			 services were provided in person.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 17 - Nonpayment of Child Support or State Debt › Rule 655-17.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions shall apply to rules 17.2(252J) and
				17.3(252J) of this chapter.
"Certificate "
means a document known as a
				certificate of noncompliance which is provided by the child support unit
				certifying that the named licensee is not in compliance with a support order or
				with a written agreement for payment of support entered into by the child
				support unit and the licensee.
"Child support unit"
means the child support
				recovery unit of the Iowa department of human services.
"Denial notice "
means a board notification
				denying an application for the issuance or renewal of a license as required by
				Iowa Code chapter 252J.
"Revocation or suspension notice "
means a
				board notification suspending a license for an indefinite or specified period
				of time or a notification revoking a license as required by Iowa Code chapter
				252J.
" Withdrawal certificate "
means a document
				known as a withdrawal of a certificate of noncompliance provided by the child
				support unit certifying that the certificate is withdrawn and that the board
				may proceed with the issuance, reinstatement, or renewal of a
				license.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 17 - Nonpayment of Child Support or State Debt › Rule 655-17.4 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions shall apply to rules
				655-17.5 (272D) and
				655-17.6 (272D).
"Centralized collection unit"
means the
				centralized collection unit of the department of revenue.
"Certificate"
means a document known as a
				certificate of noncompliance which is provided by the centralized collection
				unit of the department of revenue certifying that the named licensee has an
				outstanding liability placed with the unit and has not entered into an approved
				payment plan to pay the liability.
"Denial notice"
means a board notification
				denying an application for the issuance or renewal of a license as required by
				Iowa Code chapter 272D.
"Revocation or suspension notice"
means a
				board notification suspending a license for an indefinite or specified period
				of time or a notification revoking a license as required by Iowa Code chapter
				272D.
"Withdrawal certificate"
means a document
				known as a withdrawal of a certificate of noncompliance provided by the
				centralized collection unit certifying that the certificate is withdrawn and
				that the board may proceed with the issuance, reinstatement, or renewal of a
				license.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 18 - Military Service and Veteran Reciprocity › Rule 655-18.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Military service"
means honorably serving on
				federal active duty, state active duty, or national guard duty, as defined in
				Iowa Code section 29A.1; in the military services
				of other states, as provided in
				10 U.S.C. Section
				101(c); or in the organized
				reserves of the United States, as provided in
				10 U.S.C. Section
				10101.
"Military service applicant"
means an
				individual requesting credit toward licensure for military education, training,
				or service obtained or completed in military service.
"Reciprocity"
means the process by which a
				nurse licensed in another jurisdiction becomes licensed in Iowa. Reciprocity
				may also be referred to as "endorsement."
"Spouse"
means a spouse of an active duty
				member of the military forces of the United States.
"Veteran"
means an individual who meets the
				definition of "veteran" in Iowa Code section
				35.1(2).
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 19 - Iowa Nurse Assistance Program › Rule 655-19.1 - Iowa Nurse Assistance Program Committee

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the authority of Iowa Code section
				272C.3(1)
				 "k," the board establishes the Iowa nurse
				assistance program committee (INAPC), formerly known as the licensee review
				committee, to implement the Iowa nurse assistance program (INAP). The purpose
				of the INAPC is to provide a program to support the evaluation and monitoring
				of licensees who are impaired as a result of any substance use disorder or any
				mental or physical health condition, while protecting the health, safety and
				welfare of the public.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 19 - Iowa Nurse Assistance Program › Rule 655-19.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means the Iowa board of
				nursing.
"Contract"
means the written document executed
				by an applicant or licensee and the INAPC after the INAPC receives a report
				from an approved treatment provider, which establishes the terms for
				participation in the INAP.
"Impairment"
means an inability, or
				significant potential for inability, to practice with reasonable safety and
				skill as a result of a diagnosed substance use disorder or any diagnosed mental
				or physical health condition.
"INAP"
or
"program"
means the
				Iowa nurse assistance program.
"INAPC"
or
"committee"
means
				the Iowa nurse assistance program committee.
"Initial agreement"
means the written document
				establishing the initial terms for participation in the INAP
"Participant"
means an applicant or licensee
				who does any of the following: self-reports an impairment to the program, is
				referred to the program by the board, signs an initial agreement with the
				committee, or signs a contract with the committee.
"Recognized treatment provider"
means a
				licensed health care provider with board-approved expertise in substance use
				disorders or mental or physical health conditions.
"Referral by the board"
means the board has
				determined, with or without having taken disciplinary action, that the
				applicant or licensee is an appropriate candidate for participation in the
				program.
"Self-report"
means an applicant or licensee
				provides written notification to the committee that the applicant or licensee
				has been, is, or may be impaired. Information related to impairment or a
				potential impairment which is provided on a license application or renewal form
				may be considered a self-report.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 19 - Iowa Nurse Assistance Program › Rule 655-19.3 - Organization of the Committee

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall appoint the members of the INAPC.
(1)
Membership.
The
			 membership of the INAPC includes, but is not limited to:
a. The executive director of the board or the
			 director's designee from the board's staff;
b. One board of nursing licensee who has
			 maintained sobriety for a period of no less than two years following successful
			 completion of a recovery program;
c. One licensed health care provider with
			 expertise in substance use disorders;
d. One licensed provider with expertise in
			 mental health; and
e. One public
			 member.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 19 - Iowa Nurse Assistance Program › Rule 655-19.4 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Self-report.
An applicant or a licensee shall provide a
			 written self-report of an impairment or potential impairment directly to the
			 program.
(2)
Board
			 referral.
The board may refer an applicant or licensee to the program
			 if a complaint or investigation reveals an impairment or potential impairment
			 and the board determines that the individual is an appropriate candidate for
			 review by the INAPC. The board may refer a licensee to the program in a public
			 disciplinary order or other public order.
(3)
Review by the INAPC.
The
			 INAPC will determine on a case-by-case basis whether an applicant or licensee
			 who self-reports or is referred by the board is an appropriate candidate for
			 participation in the program. Several factors may lead to the INAPC's
			 determination that an applicant or licensee is ineligible to participate in the
			 program, including but not limited to if the committee finds sufficient
			 evidence that the applicant or licensee:
a.
			 Diverted drugs for distribution to third parties or for personal
			 profit;
b. Adulterated, misbranded,
			 or otherwise tampered with drugs intended for a patient;
c. Provided inaccurate, misleading, or
			 fraudulent information or failed to fully cooperate with the INAPC;
d. Participated in the program, or similar
			 programs offered by other states, without success; or
e. Fails to sign a contract when recommended
			 by the INAPC.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 19 - Iowa Nurse Assistance Program › Rule 655-19.5 - Terms of Participation

Current through Register Vol. 47, No. 3, July 24, 2024
A participant shall agree to comply with the INAP terms of
				participation established in the initial agreement and contract. Participants
				will be responsible for all expenses incurred to comply with the terms imposed
				by the program. Terms of participation specified in the contract shall include,
				but not be limited to:
(1)
Duration.
The length of time a participant may participate in
			 the program shall be determined by the INAPC in accordance with the following:
a. Participation in the program for
			 participants impaired as a result of a substance use disorder is set at a
			 minimum of three years. The INAPC may offer a contract with a shorter duration
			 to a participant who can demonstrate successful participation in another
			 state's nurse assistance program, who can document similar experience, or who,
			 as a board referral, has successfully completed a portion of the monitoring
			 period established in the board order.
b. Length of participation in the program for
			 participants with impairments resulting from mental or physical conditions will
			 vary depending upon the recommendations provided by an approved licensed health
			 care professional and the determination of the INAPC following review of all
			 relevant information.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 19 - Iowa Nurse Assistance Program › Rule 655-19.6 - Referral to the Board

Current through Register Vol. 47, No. 3, July 24, 2024
If a participant is alleged to have violated a statute or board
				administrative rule, based on conduct that is unrelated to the participant's
				impairment, the INAPC shall refer the participant to the board for appropriate
				action.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 19 - Iowa Nurse Assistance Program › Rule 655-19.7 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
Information in the possession of the board or the committee
				shall be subject to the confidentiality requirements of Iowa Code section
				272C.6.
				Information about participants in the program shall not be disclosed except as
				provided in this rule.
(1) The INAPC is
			 authorized, pursuant to Iowa Code section
			 272C.6(4),
			 to communicate information about a current or former INAP participant to the
			 applicable regulatory authorities or impaired licensee programs in the state of
			 Iowa and in any jurisdiction of the United States or foreign nations in which
			 the participant is currently licensed or in which the participant seeks
			 licensure. INAP participants must report their participation to the applicable
			 nurse assistance program or licensing authority in any state in which the
			 participant is currently licensed or in which the participant seeks
			 licensure.
(2) The INAPC is
			 authorized to communicate information about an INAP participant to any person
			 assisting in the participant's treatment, recovery, rehabilitation, monitoring,
			 or maintenance for the duration of the contract.
(3) The INAPC is authorized to communicate
			 information about an INAP participant to the board in the event a participant
			 does not comply with the terms of the contract as set forth in rule
			 655-19.5
			 (272C). The INAPC may provide the board with a participant's INAP file in the
			 event the participant does not comply with the terms of the contract and the
			 INAPC refers the case to the board for the filing of formal disciplinary
			 charges or other appropriate action. If the board initiates disciplinary action
			 against a licensee for noncompliance with the terms of the contract, the board
			 may include information about a licensee's participation in the INAP in the
			 public disciplinary documents. The INAPC is also authorized to communicate
			 information about a participant to the board in the event the participant is
			 under investigation by the board.
(4) The INAPC is authorized to communicate
			 information about a current or former INAP participant to the board if reliable
			 information held by the INAPC reasonably indicates a significant risk to the
			 public exists. If the board initiates disciplinary action based upon this
			 information, the board may include in the public disciplinary documents
			 information about a licensee's participation if necessary to address impairment
			 issues related to the violations which are the subject of the disciplinary
			 action.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 19 - Iowa Nurse Assistance Program › Rule 655-19.8 - Authority for 28e Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
The INAPC may enter into 28E agreements with other health
				professional licensing boards to evaluate, assist, and monitor impaired
				licensees from other health professions who self-report and to report to those
				professional licensing boards regarding the compliance of individual licensees.
				In the event of noncompliance, the licensee may be referred to the appropriate
				licensing board for appropriate disciplinary action.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Board"
means a quorum of members of the Iowa
				board of nursing.
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5),
				including but not limited to licensee disciplinary proceedings, adverse agency
				action to limit or revoke the multistate licensure privilege granted under the
				provisions of the nurse licensure compact, license denial proceedings, and
				license reinstatement proceedings.
"Issuance "
means the date of mailing of a
				decision or order, or date of delivery if service is by other means, unless
				another date is specified in the order.
"Party"
means the state of Iowa, as
				represented by the office of the attorney general, and the respondent or
				applicant.
"Probable cause "
means a reasonable ground
				for belief in the existence of facts warranting the specified
				proceeding.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Time shall be computed as provided in Iowa Code section
				4.1(34).
				For good cause, the presiding officer may lengthen or shorten the time to take
				any action, except as precluded by statute or by rule. Except for good cause
				stated in the record, before lengthening or shortening the time to take any
				action, the presiding officer shall afford all parties an opportunity to be
				heard or to file written arguments.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.4 - Applicability of Iowa Rules of Civil Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Except as expressly provided in Iowa Code chapter 17A and these
				rules, the Iowa Rules of Civil Procedure do not apply to contested case
				proceedings. However, upon application by a party, the board may permit the use
				of procedures provided for in the Iowa Rules of Civil Procedure unless doing so
				would unreasonably complicate the proceedings or impose an undue hardship on a
				party.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.5 - Combined Statement of Charges and Settlement Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
Upon a determination by the board that probable cause exists to
				take public disciplinary action, the board and the licensee may enter into a
				combined statement of charges and settlement agreement.
(1) No licensee is entitled to be offered a
			 combined statement of charges and settlement agreement.
(2) Entering into a combined statement of
			 charges and settlement agreement is completely voluntary.
(3) The combined statement of charges and
			 settlement agreement shall include a brief statement of the charges, the
			 circumstances that led to the charges, and the terms of settlement.
(4) A combined statement of charges and
			 settlement agreement shall constitute the commencement and resolution of a
			 contested case proceeding. By entering into a combined statement of charges and
			 settlement agreement, the licensee waives the right to a contested case hearing
			 on the matter.
(5) A combined
			 statement of charges and settlement agreement is a permanent public record open
			 for inspection under Iowa Code chapter 22.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.6 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service, as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified restricted mail, return receipt requested; or
c. Signed acknowledgment accepting service;
			 or
d. When service cannot be
			 accomplished using the above methods:
(1) An
			 affidavit shall be prepared outlining the measures taken to attempt service;
			 and
(2) Notice of hearing shall be
			 published once each week for three consecutive weeks in a newspaper of general
			 circulation, published or circulated in the county of last-known residence of
			 the respondent. The first notice of hearing shall be published at least 30 days
			 prior to the scheduled hearing.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.7 - Statement of Charges

Current through Register Vol. 47, No. 3, July 24, 2024
In the event the board finds there is probable cause for taking
				public disciplinary action against a licensee, the board shall file a statement
				of charges. The statement of charges shall be incorporated within the notice of
				hearing. The statement of charges shall set forth the acts or omissions with
				which the respondent is charged including the statute(s) and rule(s) which are
				alleged to have been violated and shall be in sufficient detail to enable the
				preparation of the respondent's defense. Every statement of charges prepared by
				the board shall be reviewed by the office of the attorney general before it is
				filed. Statements of charges are permanent public records open for inspection
				under Iowa Code chapter 22.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.8 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
Following the issuance of a notice of hearing, the office of
				the attorney general shall be responsible for the legal representation of the
				public interest in the contested case. The assistant attorney general assigned
				to prosecute a contested case before the board shall not represent the board in
				that case but shall represent the public interest.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.9 - Presiding Officer in a Disciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer in a disciplinary contested case shall be
				the board. When acting as presiding officer, the board may request that an
				administrative law judge perform certain functions as an aid to the board, such
				as ruling on prehearing motions, conducting the prehearing conference, ruling
				on evidentiary objections at hearing, assisting in deliberations, and drafting
				the written decision for review by the board.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.10 - Presiding Officer in a Nondisciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party in a nondisciplinary contested
			 case who wishes to request that the presiding officer assigned to render a
			 proposed decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of the notice of hearing.
(2) The board may deny the request only upon
			 a finding that one or more of the following apply:
a. There is a compelling need to expedite
			 issuance of a final decision in order to protect the public health, safety, or
			 welfare.
b. An administrative law
			 judge is unavailable to hear the case within a reasonable time.
c. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
d. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
e. Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
f. The request was not
			 timely filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.11 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person shall withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party.
b. Has personally investigated, prosecuted,
			 or advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties. If the licensee elects to appear before the board in the
			 investigative process, the licensee waives this provision.
c. Is subject to the authority, direction or
			 discretion of any person who has personally investigated, prosecuted or
			 advocated in connection with that contested case, the specific controversy
			 underlying that contested case, or a pending factually related contested case
			 or controversy involving the same parties.
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years.
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case.
f. Has a spouse or relative within the third
			 degree of relationship who:
(1) Is a party to
			 the case, or an officer, director or trustee of a party;
(2) Is a lawyer in the case;
(3) Is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) Is likely to be a material witness in the
			 case.
g. Has any other
			 legally sufficient cause to withdraw from participation in the decision making
			 in that case.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.12 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter. However, the board in
				its discretion may refuse to give effect to such a waiver when the board deems
				the waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.13 - Telephone or Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve prehearing matters by
				telephone conference in which all parties have an opportunity to participate.
				Contested case hearings will generally not be held by telephone or electronic
				means in the absence of consent by all parties under compelling circumstances.
				Nothing shall prohibit a witness from testifying by telephone or electronic
				means pursuant to paragraph 20.26(3)
"b. "
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.14 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
(a) the matters at issue involve common
			 parties or common questions of fact or law;
(b) consolidation would expedite and simplify
			 consideration of the issues involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.15 - Appearance

Current through Register Vol. 47, No. 3, July 24, 2024
The respondent or applicant may be represented by an attorney.
				The attorney must file an appearance in the contested case. If the attorney is
				not licensed to practice law in Iowa, the attorney must fully comply with Iowa
				Court Rule 31.14.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.16 - Answer

Current through Register Vol. 47, No. 3, July 24, 2024
An answer may be filed within 20 days of service of the notice
				of hearing and statement of charges. An answer shall specifically admit, deny,
				or otherwise answer all material allegations of the statement of charges to
				which it responds. It shall state any facts supporting any affirmative defenses
				and contain as many additional defenses as the respondent may claim. An answer
				shall state the name, address and telephone number of the person filing the
				answer. Any allegation in the statement of charges not denied in the answer is
				considered admitted. The presiding officer may refuse to consider any defense
				not raised in the answer which could have been raised on the basis of facts
				known when the answer was filed if any party would be
				prejudiced.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.17 - Filing and Service of Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing
-
when
			 required.
After the notice of hearing, all documents in a contested
			 case proceeding shall be filed with the board.
(2)
Filing
-
how
			 made.
Filing shall be made by delivering or mailing the document to
			 the board office located at 400 S.W. 8th Street, Suite B, Des Moines, Iowa
			 50309-4685.
(3)
Filing
-
when made. A
document is deemed filed
			 at the time it is delivered to the board office, delivered to an established
			 courier service for immediate delivery to the board office, or mailed by
			 first-class mail or state interoffice mail to that office, so long as there is
			 proof of mailing.
(4)
Service
-
when required.
Except as otherwise
			 provided by law, every document filed in a contested case proceeding shall be
			 simultaneously served upon each of the parties of record to the proceeding,
			 including the assistant attorney general representing the state. Except for an
			 application for rehearing as provided in Iowa Code section
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(5)
Service
-
how made.
Service upon a party
			 represented by an attorney shall be made upon the attorney unless otherwise
			 ordered. Service is made by delivery or by mailing a copy to the person's
			 last-known address. Service by mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule, or order, so long as there is
			 proof of mailing.
(6)
Electronic service.
Service may be made upon a party or
			 attorney by electronic mail (e-mail) if the person consents in writing in that
			 case to be served in that manner. The written consent shall specify the e-mail
			 address for such service. The written consent may be withdrawn by written
			 notice served on the parties or attorneys.
(7)
Proof of
			 mailing/e-mailing.
Proof of mailing/e-mailing includes either: a
			 legible United States Postal Service postmark on the envelope, a certificate of
			 service, a notarized affidavit, or a certification in substantially the
			 following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the (agency office and address) and to the names and addresses of
				the parties listed below by depositing the same in the United States mail,
				state interoffice mail, or e-mail when permitted by 655 IAC 20.17(6).
(Date) (Signature)
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.18 - Investigative File

Current through Register Vol. 47, No. 3, July 24, 2024
The board's investigative file is available to the respondent
				or applicant upon request only after the commencement of a contested case and
				only prior to the resolution of the contested case. A licensee who elects to
				enter into a combined statement of charges and settlement agreement is not
				entitled to request the investigative file. In accordance with Iowa Code
				section
				272C.6(4),
				information contained within an investigative file is confidential and may only
				be used in connection with the disciplinary proceedings before the
				board.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.19 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The scope of
			 discovery described in Iowa Rule of Civil Procedure 1.503 shall apply to
			 contested case proceedings.
(2) The
			 following discovery procedures available in the Iowa Rules of Civil Procedure
			 are available to the parties in a contested case proceeding: depositions upon
			 oral examination or written questions; written interrogatories; production of
			 documents, electronically stored information, and things; and requests for
			 admission. Unless lengthened or shortened by the presiding officer, the time
			 frames for discovery in the specific Iowa Rules of Civil Procedure govern those
			 specific procedures.
a. Iowa Rules of Civil
			 Procedure 1.701 through 1.717 regarding depositions shall apply to any
			 depositions taken in a contested case proceeding. Any party taking a deposition
			 in a contested case shall be responsible for any deposition costs, unless
			 otherwise specified or allocated in an order. Deposition costs include, but are
			 not limited to, reimbursement for mileage of the deponent, costs of a certified
			 shorthand reporter, and expert witness fees, as applicable.
b. Iowa Rule of Civil Procedure 1.509 shall
			 apply to any interrogatories propounded in a contested case
			 proceeding.
c. Iowa Rule of Civil
			 Procedure 1.512 shall apply to any requests for production of documents,
			 electronically stored information, and things in a contested case
			 proceeding.
d. Iowa Rule of Civil
			 Procedure 1.510 shall apply to any requests for admission in a contested case
			 proceeding. Iowa Rule of Civil Procedure 1.511 regarding the effect of an
			 admission shall apply in contested case proceedings.