SSB 3142

The legislative committee must then verify that the legislation is the least restrictive method of regulation to protect the public. After completing its review, the bill requires the committee to submit its findings to the president of the senate and speaker of the house of representatives, who shall make the findings available to each member of the general assembly. The bill requires a member of the general assembly introducing legislation to regulate an unregulated health profession to submit a report with the legislation addressing why the regulation is necessary, the efforts that have been made to address the problem, the alternatives considered, the benefits and harms to the public from regulation, the maintenance of professional standards, and shall include a description of the profession proposed for regulation and the expected costs of regulation. The report shall be submitted to the president of the senate and the speaker of the house of representatives, and shall be made publicly available on the internet site of the general assembly. The bill requires a member of the general assembly introducing legislation to expand the scope of practice of a regulated health profession to submit a report addressing why the expanded scope of practice is beneficial, whether practitioners currently have or will be required to obtain training because of the expanded scope of practice, whether the new practice is currently tested by a nationally recognized examination, the extent to which the expanded scope of practice will impact the practice of professionals currently in the state or who relocate to the state, the costs or savings from the expanded scope of practice, relevant laws in other states, and any recommendations from regulatory entities. _____ report shall be submitted to the president of the senate and the speaker of the house of representatives, and shall be made publicly available on the internet site of the general assembly. A legislative committee reviewing such legislation shall consider whether the scope of practice is being expanded only to protect the public, whether the expansion of services will benefit the public, and whether any changes to the entity regulating the profession are necessary. The committee shall not consider competitive implications of expanding the scope of practice. The bill requires a member of the general assembly introducing legislation to impose or increase a continuing education requirement on a health profession to submit evidence of the efficacy of the requirement to the president of the senate and the speaker of the house of representatives. The evidence shall also be made publicly available on the internet site of the general assembly. The bill requires a legislative committee reviewing legislation to impose a regulation on an unregulated nonhealth profession to consider whether the unregulated practice of the profession can clearly harm the public, whether the benefits of regulation clearly exceeds the costs imposed on consumers, and whether the public needs assurances of professional ability. If the committee finds in the affirmative with respect to the preceding factors, the committee shall examine data to find evidence of actual harm to the public related to the unregulated nonhealth profession being considered for regulation. If the committee finds that regulation is necessary, the committee shall review the legislation to determine whether it is the least restrictive regulation necessary to protect the public and that it is not being imposed to protect a profession from economic competition. _____ assembly. The bill requires a member of the general assembly introducing legislation to regulate an unregulated nonhealth profession to submit a report addressing why regulation is necessary, the efforts made to address the problem, the alternatives considered, the benefits and harm to the public, the maintenance of professional standards, the professional groups proposed for regulation, and the expected costs of regulation. DIVISION II —— STATE BOARD AND AGENCY SUNSET REVIEW. This division relates to the sunset of state boards and agencies. The bill defines “sunset” as the cessation of all activities of a board or agency. The bill creates a sunset advisory committee (the committee) consisting 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 speaker of the house of representatives, and two members of the house of representatives appointed by the minority leader of the house of representatives. The bill includes rules for the operation of the committee. The bill creates a process for the sunset of all boards that license, register, or certify a profession in the state. The bill sets a schedule to sunset all such boards on December of the fifth calendar year after the date the board was created or last renewed, or on December 31, 2026, whichever is later, subject to the committee’s review, and on December every five calendar years thereafter if renewed. A board that has been scheduled to sunset shall sunset on June of the following year. Once a board has sunset, any individual may practice a profession previously licensed by the board without obtaining a license. If a board performs functions other than licensing, it may continue to perform those functions. The sunset of a board may be prevented by the passage of a bill continuing the existence of the board. _____ Prior to the date on which a board is scheduled to sunset, the bill requires the committee to review the usefulness, performance, and efficacy of the board. The legislative services agency shall create a schedule, which the committee may revise, for review of approximately one-fifth of all boards each calendar year in each five-year period. A board that is subject to review shall submit a report to the committee prior to the date the board is scheduled for a sunset review that includes certain information specified in the bill, and shall bear the burden of demonstrating a continued public need for its existence. The bill provides several factors for the committee to consider. After completing a review, the committee shall prepare a report of its findings and recommendations, which report may include findings and recommendations for more than one board. The committee shall present its findings to the general assembly in the form of a bill. The committee shall include with its recommendations an explanation of the benefits of implementing the recommendations. The division also requires the committee to review all agencies of the state. The bill sets the initial date for the scheduling of the sunset process for December 31, 2026. An agency may be prevented from sunsetting by enactment of a statute continuing the existence of the agency, which shall also schedule an additional review of the agency in no less than five but no more than ten years from the date of the review. Agencies shall be reviewed in a similar manner as provided for boards in the bill, and the committee shall submit a report containing its findings and recommendations for each agency. The recommendations of the committee shall be in the form of a bill submitted to the general assembly. The bill requires agency employees to assist the committee in the execution of its duties. The division includes provisions for the sunset of agencies. _____ of the fiscal year following the fiscal year in which it sunset in order to conclude its business. During this period, the agency has the same powers and authorities it had before it sunset. On or before July 1, the agency shall terminate all activities, and all rules adopted by the agency shall become void unless otherwise provided by law. The bill includes instructions for the disposition of the funds, records, and property of an agency that has sunset, and provides that the sunset of an agency does not eliminate any claims pending against the agency. The division requires the department of workforce development to assist agency employees discharged because they were employed by an agency that has sunset in obtaining new employment. The division does not restrict the general assembly from taking any other action with respect to regulating agencies. The division creates principles for the imposition of professional regulations. The principles created by the bill include a policy of enacting the least restrictive regulation necessary to protect the public, encouraging economic opportunities and competition, providing guidance for determining what style of regulation is appropriate, and enforcing an occupational regulation against an individual only to the extent that it is explicitly provided for by a statute. The bill does not prohibit a licensing board from requiring licensees to obtain credentials from private organizations. The bill enacts a rule of construction that any law of a political subdivision regulating a profession that is also regulated by the state shall be preempted if it is inconsistent with the principles expressed in the bill. The division repeals the Code section creating the state government efficiency review committee. DIVISION III —— ACCOUNTABLE GOVERNMENT ACT REPORTS. The division relates to accountable government Act reports submitted by agencies. _____ to include descriptions of how the agency has improved efficiency, modernized processes, eliminated duplication and outdated processes, reduced costs, increased accountability, expanded the use of technology, and incorporated productivity improvement measures. This portion of the report shall be submitted to the state government committee of both chambers of the general assembly and posted publicly on the internet site of the general assembly. DIVISION IV —— PROFESSIONAL LICENSING BOARD INVESTIGATIONS. This division relates to investigations by professional licensing boards. The bill strikes the provision that a determination by a licensing board that an investigation is not warranted or should be closed without a disciplinary hearing is not subject to judicial review. However, the bill requires a board that determines that no probable cause exists for an asserted violation to return the complaint asserting the violation to the complainant with a statement specifying the reasons for rejection of the complaint. DIVISION V —— ADMINISTRATIVE RULES REVIEW COMMITTEE REVIEW OF ENTRY REGULATIONS. This division requires the administrative rules review committee (ARRC), when reviewing an entry regulation, to consider certain factors specified in the bill. The bill defines “entry regulation” as any rule adopted pursuant to Code chapter 17A by a licensing board for the purpose of regulating an occupational or professional group, including but not limited to any rule prescribing qualifications or requirements for a person’s entry into, or continued participation in, any business, trade, profession, or occupation in this state. The bill provides that the ARRC shall not give deference to a statement or interpretation made by a licensing board regarding an entry regulation, statute, or other legal authority when considering the factors. _____ the bill, the ARRC may take any action on the rule otherwise permitted to the ARRC. The bill requires each licensing board to submit to the ARRC no later than December 31, 2020, a list of all entry regulations adopted by the board that are in effect as of the date of submission. The bill requires the ARRC to review all submitted entry regulations by December 31, 2024, and to establish and update a schedule for such review. The schedule shall be posted on the general assembly’s internet site by the legislative services agency. The bill requires that an entry regulation be designated as such in the preamble to the entry regulation, beginning with the July 29, 2020, Iowa administrative bulletin. DIVISION VI —— EFFECTIVE DATE. The bill takes effect upon enactment.