655—1.3 (17A,147,152) Description and organization of the board.
	   1.3(1) Description of the board. The board derives its legal authority for regulating and enforcing regulations for nursing education, nursing practice and continuing education for nurses under the provisions of Iowa Code chapters 147, 147A, 152, 152E and 272C. The mission of the board is to protect the public health, safety and welfare by regulating the licensure of nurses, the practice of nurses, and nursing education and continuing education.
	   1.3(2) Organization of the board and meetings. The composition of the board is defined in Iowa Code sections 147.14 and 147.19. The board shall:
	      a.    	 At the last regularly scheduled meeting prior to May 1, elect a chairperson and vice chairperson from its membership to begin serving as officers on May 1.
	      b.    	 At the first regularly scheduled meeting after May 1, establish standing committees.
	      c.    	 Schedule regular meeting dates and hold regularly scheduled meetings.
	      d.    	 Hold special meetings called by the chairperson or upon request of four members of the board to the chairperson or executive director. Special meetings may be held by electronic means in accordance with Iowa Code section 21.8.
	      e.    	 Make available to the public, the date, time, and location of board meetings.
	      f.    	 Make available to the public, the date on which board materials are due in the board office for the agenda of regularly scheduled meetings. Materials received three weeks prior to a scheduled board meeting shall be placed on the agenda. Materials from emergency or unusual circumstances may be added to the agenda with the chairperson’s approval.
	      g.    	 Allow members of the public to be present during board meetings unless the board votes to hold a closed session.
	       (1)  	 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.
	       (2)  	 At every regularly scheduled board meeting, time will be designated for “Public Comment.” During the time on the agenda labeled “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 of “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.
	       (3)  	 One who has not asked to address the board during “Public Comment” may be recognized by the chairperson if one raises a hand. Acknowledgment and an opportunity to speak will be at the discretion of the chairperson.
	      h.    	 Hold a closed session if the board voted to do so in a public roll call vote with an affirmative vote of at least two-thirds if the total board is present or a unanimous vote if less than two-thirds of the board is present. The board will recognize the appropriate statute allowing for a closed session when voting to go into closed session. Minutes of all discussion, persons present, and action occurring at a closed session will be recorded along with a tape recording of the proceedings. The records shall be stored securely in the board office and shall not be made available for public inspection.
	      i.    	 Govern its meetings in accordance with Iowa Code chapter 21. The board proceedings shall be conducted to ensure that all members have equal rights, privileges and obligations.
	      j.    	 Appoint a full-time executive director who, under the direction of the board, is responsible for the administration of policies and programs of the board and for the operation of the board office. Appointment or termination of appointment of the executive director shall require a majority vote of the entire board.
	      k.    	 Act on a petition for adoption of rules. Any person may request the promulgation, amendment, or repeal of a rule in accordance with Iowa Code section 17A.7 and 655—Chapter 8.
	      l.    	 Adopt, amend, or repeal rules in accordance with Iowa Code sections 17A.3, 17A.4, 17A.5, 17A.6, and 17A.7.
	   1.3(3) Information. Members of the public may obtain information or submit requests to the board office that relate to regulating and enforcing regulations on nursing education, nursing practice, and continuing education for nurses. Requests for information resulting in legally binding answers require a petition for rule making or a petition for declaratory order. See 655—Chapter 8, “Petitions for Rule Making”; 655—Chapter 9, “Declaratory Orders”; and 655—Chapter 10, “Agency Procedure for Rule Making.”
	   1.3(4) Petition for declaratory orders. Any person may petition the board for a declaratory order as to the applicability of statute, rule, policy statement, decision or order which is under the board’s jurisdiction. The petition shall be submitted in writing to the board office and shall be in accordance with 655—Chapter 9.
	   1.3(5) Public hearings. Public hearings shall be held in accordance with Iowa Code section 17A.4, subsection 1, paragraphs “a” and “b,” with respect to rule making and 655—Chapter 10.
	   1.3(6) Public records and rosters. Public records and rosters of licensees shall be made available in accordance with Iowa Code chapter 22 and section 147.8 and 655—Chapter 11.
[ARC 0085C, IAB 4/18/12, effective 5/23/12; ARC 1541C, IAB 7/23/14, effective 8/27/14]