Iowa Med. Soc’y v. Iowa Bd. of Nursing (Summary)

BOARD OF NURSING REGULATIONS

Iowa Med. Soc’y v. Iowa Bd. of Nursing, No. 11-1977 (Iowa May 31, 2013)

The Supreme Court of Iowa reversed and remanded a decision of the district court which invalidated the Board of Nursing and Department of Health’s promulgation of certain regulations.

Physician associations brought suit against the nursing board and the health department for their endorsement of regulations that permitted advanced registered nurse practitioners (“ARNPs”) to supervise radiologic technologists using fluoroscopy machines.  The district court found that none of the material facts at issue in the suit were in dispute and concluded that the nursing board and health department regulations were invalid.

The supreme court held that the nursing board’s determination on supervision of fluoroscopy procedures by ARNPs was lawful, stating that the language of the state law allows the nursing board to interpret whether the medical and nursing professions have recognized a particular practice of nurses, and that, unless said practice is “irrational, illogical, or wholly unjustifiable,” the court should uphold the nursing board’s determination.  The supreme court then held that the practice of ARNPs supervising fluoroscopy procedures was not irrational, illogical, or wholly unjustifiable, and concluded that the district court erred by reversing the nursing board’s determination.