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IOWA MEDICAL SOC. v. IOWA BD. OF NURSING

No. 11-1977.

831 N.W.2d 826 (2013)

IOWA MEDICAL SOCIETY and Iowa Society of Anesthesiologists, Appellees, v. IOWA BOARD OF NURSING, Appellant, and Iowa Association of Nurse Anesthetists and Iowa Nurses Association, Appellants, and Iowa Osteopathic Medical Association, Appellee.

Supreme Court of Iowa.

May 31, 2013.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Chantelle C. Smith and Sara M. Scott, Assistant Attorneys General, for appellant Iowa Board of Nursing.

James W. Carney and George W. Appleby of Carney & Appleby, P.L.C., Des Moines, for appellant Iowa Association of Nurse Anesthetists.

Judith R. "Lynn" Boes and Jodie C. McDougal of Davis, Brown, Koehn, Shors & Roberts P.C., Des Moines, for appellant Iowa Nurses Association.

Douglas A. Fulton and Paul A. Drey of Brick Gentry, P.C., West Des Moines, for appellee Iowa Medical Society.

Nicholas J. Mauro of Crawford Quilty & Mauro Law Firm, Des Moines, for appellee Iowa Society of Anesthesiologists.

Kimberly Bartosh and Erik S. Fisk of Whitfield & Eddy P.L.C., Des Moines, for appellee Iowa Osteopathic Medical Association.

WATERMAN, Justice.

In this appeal, we must decide whether the Iowa Board of Nursing and Iowa Department of Public Health exceeded their regulatory authority by enacting rules allowing advanced registered nurse practitioners (ARNPs) to supervise radiologic technologists using fluoroscopy machines. Several physician associations brought this court action against the nursing board and the department of public health to invalidate the rules. Two nursing associations intervened...

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