Relating to the regulation of professions, including the granting of professional licenses, certificates, and registrations to persons licensed in other states, the sunset of boards granting professional licenses, and the review of occupational licensing rules, and providing an effective date

In order to receive a reciprocal license, certificate, or registration under the bill, a person must meet certain requirements. The person must be currently licensed, certified, or registered in the occupation or profession applied for at the same practice level with substantially equivalent licensure requirements, as determined by the appropriate board, in at least one other state, and in good standing in all states in which the person is licensed, certified, or registered; have been licensed, certified, or registered in another state for at least one year; have met minimum educational and work requirements required by the licensing state; have passed any applicable examination; not have had a license, certificate, or registration revoked for unprofessional conduct, or surrendered a license, certificate, or registration while under investigation for such conduct; not have been subject to professional discipline from a regulating entity in any jurisdiction unless the appropriate licensing board determines that the issue has been resolved; not currently be subject to investigation for unprofessional conduct; pay all applicable fees; and not have a disqualifying criminal history. A person who receives a reciprocal license, certificate, or registration becomes subject to the laws regulating the profession or occupation in Iowa and to the jurisdiction of the appropriate licensing board regulating the profession or occupation in Iowa. A licensing board may require an applicant for a reciprocal license to submit fingerprints and may perform a criminal history check. A reciprocal license does not grant a person eligibility to practice pursuant an interstate compact or affect the eligibility of a person to practice in Iowa under an interstate compact. DIVISION II —— SUNRISE AND SUNSET REVIEWS. This division relates to the review of licensing boards in Code chapter 272C. The bill establishes the occupational licensing advisory committee (committee), to consist of three members of the senate appointed by the majority leader of the senate, two members of the senate appointed by the minority leader of the senate, three members of the house of representatives appointed by the majority leader of the house of representatives, two members of the house of representatives appointed by the minority leader of the house of representatives, and three members appointed by the governor who shall be subject to confirmation by the senate. The bill creates a schedule for the automatic sunset of five to six professional licensing boards every year beginning in 2022 and ending in 2026. The bill defines “sunset” as the termination of all activities of a board. The sunset of a board does not affect the rights and duties that matured, penalties incurred or imposed, civil or criminal liabilities that arose, or proceedings initiated in connection with the board before the effective date of the board’s sunset, unless otherwise expressly provided by law. The bill authorizes a board that has sunset to continue in existence to conclude its business until July of the fiscal year following the fiscal year in which the board was sunset. Unless otherwise provided by law, the sunset of a board does not reduce or otherwise limit the powers and authority of the board during the concluding year. The bill requires the board to terminate all activities on or before that date, and provides that all rules adopted by the board shall be void on that date. The bill provides that any unobligated or unexpended appropriations of a board that has sunset shall lapse and revert to the general fund of the state on that date. The bill provides that all moneys in a dedicated fund of a board that has sunset shall be transferred to the general fund of the state on July of the fiscal year following the fiscal year in which the board was sunset, except as provided in the bill or as otherwise provided by law. Any portion of a law dedicating moneys to a specific fund of a board that has sunset is void on that date. The bill provides that the property and records in the custody of a board that has sunset shall be transferred to the department of administrative services on July of the fiscal year following the fiscal year in which the board was sunset unless the governor designates an appropriate board as described in the bill. The bill provides that the sunset of a board shall not impair or impede payment of bonded indebtedness and all other obligations, including lease, contract, and other written obligations, in accordance with their terms. If a board that has sunset has outstanding bonded indebtedness or other outstanding obligations, the bonds and all other such obligations remain valid and enforceable in accordance with their terms and subject to all applicable terms and conditions of the laws and proceedings authorizing the bonds and all other such obligations. The bill requires the governor to designate an appropriate board to continue to carry out all covenants contained in the bonds and all other such obligations, and to perform all other such obligations to complete the construction of projects or perform other such obligations. The bill provides procedures for a designated board to carry out those duties. The bill requires the occupational licensing advisory committee to review each board by January in the calendar year before the year in which the board is scheduled to sunset. After performing this review, the committee shall either submit a report detailing the committee’s determination that the board should sunset or submit a bill not subject to amendment on the floor that extends the sunset of the board by no more than ten years but no fewer than five years, which may also make changes to the board. The bill requires reports and bills issued by the committee to be posted on the internet site of the general assembly and to be sent to the speaker of the house of representatives and the president of the senate, and shall be publicly posted on the general assembly’s internet site. The bill also requires the committee to review all introduced legislation that creates a new occupational license, registration, or certification or that alters any existing occupational license, registration, or certification. The committee shall review such legislation to determine whether the regulation contained in the legislation is the least restrictive means possible for accomplishing the goal of the legislation and to forward the findings of the committee to the relevant legislative committee as soon as is practicable. DIVISION III —— OCCUPATIONAL LICENSING RULE REVIEW. This division relates to the review of rules governing the practice of occupations. The bill establishes a new Code chapter to be known as the “Iowa Right to Earn a Living Act”. The bill requires each board to submit a copy of all of the board’s current and pending entry regulations, which the bill defines as rules adopted for the purpose of regulating an occupational or professional group, to the occupational licensing advisory committee by December 31, 2020. The committee shall review all such entry regulations and submit a report to the general assembly by the first week of the 2022 legislative session. After December 1, 2020, the bill requires each board to submit a proposed entry regulation to the committee prior to submitting a notice of intended action to the administrative rules coordinator and the Iowa administrative code editor. The committee shall meet at least monthly to review such entry regulations. In addition, the bill allows the chairpersons of the committee to request a board to submit an entry regulation for review and the governor to request that the committee, at the committee’s discretion, review a particular entry regulation. In conducting a review of an entry regulation, the bill requires the committee to consider whether the entry regulation is required by law; is necessary to protect the public health, safety, or welfare; unnecessarily inhibits competition or restricts entry into a business, trade, profession, or occupation; is the least restrictive or burdensome means to accomplish the goal; or is outside the scope of the board’s statutory authority. If the committee finds that the entry regulation is not required by law and is also otherwise deficient as provided by the bill, the committee may disapprove of the entry regulation and request that the board either amend the proposed entry regulation or decline to proceed with adoption of the entry regulation. The bill requires notice of disapproval to be posted publicly on the general assembly’s internet site, transmitted to the board seeking to adopt the entry regulation, and transmitted to the administrative rules review committee. The bill prohibits a board from submitting a notice of intended action until it has received approval or disapproval from the committee. If a board makes substantial changes to a proposed entry regulation, the board shall resubmit the proposed entry regulation to the committee for review. If the board chooses not to respond to the committee’s recommendations, the board may continue with the rulemaking process. The bill allows the committee to vote to submit a bill to the general assembly to suspend the rulemaking authority of a board that declines to comply with recommendations of the committee. The division takes effect upon enactment.