Mo. Ass’n of Nurse Anesthetists v. State Board of Registration for the Healing Arts

The State Board of Registration for the Healing Arts is an agency with the authority to register and supervise all state physicians, surgeons, and midwives. After receiving a series of letters regarding the propriety of instances in which a physician delegates certain pain management procedures to advance practice nurses (APNs), the Board published a letter stating that APNs did not have the appropriate training or experience to perform those procedures. Appellants, medical professionals, filed a petition in the circuit court seeking a preliminary and permanent injunction prohibiting the Board from enforcing its "letter rule" and claiming that (1) the Board's letter failed to adhere to statutory public rulemaking requirements, and (2) the Board's letter exceeded the authority of the Board insomuch as it defined the scope of practice for nurses. The trial court granted the Board's motion for summary judgment. On appeal, the Supreme Court reversed and remanded, holding (1) the Board failed to comply with rulemaking procedures and therefore the letter had no legal effect; and (2) it was unclear whether the Board was attempting to regulate the practice of physicians or the practice of nursing. Therefore, the record did not support summary judgment as a matter of law. View "Mo. Ass'n of Nurse Anesthetists v. State Board of Registration for the Healing Arts" on Justia Law