"On Friday, September 9, 2011, a hearing was held before Judge Reis in the
Polk County District Courthouse from 9 AM to noon. The hearing related to
the Motion for Summary Judgment which had been filed by the Iowa Medical
Society and the Iowa Society of Anesthesiologists, and the state of Iowa's
Cross-Motion for Summary Judgment on behalf of the Iowa Board of Nursing and
the Iowa Department of Health. IANA and the Iowa Nurses Association as
intervenors had joined in, opposing the motions by IMS and ISA and had also
joined in support of the state's Cross-Motion for Summary Judgment.
A Motion for Summary Judgment is a preliminary proceeding prior to the final
hearing that allows the court to decide as a matter of law that there is no
genuine issue of material fact and that the court can rule on the issues as
a matter of law without any further hearing.
At the conclusion of the hearing, Judge Reis made comments on the status of
the legal proceedings to date. We have attached a copy of the court
reporter's transcript of Judge Reis's comments. The parties have until
October 1, 2011, to submit proposed findings of fact and law to the court.
If the court rules in favor of any party, whether it is IMS and ISA or the
Iowa Department of Health, Iowa Board of Nursing and Intervenors IANA/IINA,
there will almost certainly be an appeal of the proceedings as discussed at
page 87 of the attached transcript. If the court denies both motions, then
the matter will proceed to final hearing the week of December 5, 2011.
It is important to note that regardless of the court's rulings, for or
against any party, CRNAs will be able to continue to utilize fluoroscopy in
their practice and to perform pain management procedures. The court has
made it absolutely clear that it will not enjoin the practice of CRNAs that
is currently being practiced. The temporary stay and any potential final
stay of the rules would relate only to the effect of the rules. Ultimately,
if IMS and ISA were to prevail, the Department of Health and Board of
Nursing would have to go through a new rule-making procedure. CRNAs would
continue with their current practices. IANA has intervened in the legal
proceeding to support the legal authority of the Iowa Department of Health
and the Iowa Board of Nursing to promulgate rules that relate to Advanced
Registered Nurse Practitioners utilizing fluoroscopy in the performance of
We will keep you updated on any ruling of the court."