Relating to the operation of state government, including the review of state boards and the regulation of professions and occupations, and including effective date and applicability provisions

This bill relates to the operation of state government, including the review and sunset of state boards and agencies and the regulation of professions. The bill is organized into divisions. DIVISION I —— REGULATION OF PROFESSIONS. The division relates to the regulation of professions. The bill requires a legislative committee reviewing legislation to impose regulations on a health profession that is not currently subject to regulation by the state to verify that: the unregulated practice of the profession will clearly harm or endanger the public, the public will benefit from assurances of professional ability, and the public cannot be effectively protected in a more cost-efficient manner. 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 on the internet site 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, prepared by the legislative services agency, 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 prior to full consideration of the legislation, and shall be made publicly available on the internet site of the general assembly. The bill does not allow a person to practice an unregulated health profession if the profession includes practices within the scope of practice of a regulated health profession. 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, prepared by the legislative services agency, 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. The report shall be submitted to the president of the senate and the speaker of the house of representatives prior to full consideration of the legislation, 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. The committee shall submit its findings to the president of the senate and the speaker of the house of representatives, who shall make the findings available to each member of the general assembly. The bill does not allow a person to practice an unregulated nonhealth profession if the profession includes practices within the scope of practice of a regulated nonhealth profession. The bill requires a member of the general assembly introducing legislation to regulate an unregulated nonhealth profession to submit a report prior to full consideration of the legislation, prepared by the legislative services agency, 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. The bill repeals a Code provision creating principles to guide the general assembly for the state licensure of an occupation or profession. DIVISION II —— STATE BOARD REVIEWS. This division relates to the review of state boards. The bill creates new Code chapter 4A relating to the review of state boards by the state government efficiency review committee. The bill requires the state government efficiency review committee to meet monthly, as necessary, 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 between the year 2022 and the year 2027. The bill requires each board to be reviewed once every five years thereafter. The bill removes duties of the state government efficiency review committee not related to the review of boards. The bill adds one ex officio, nonvoting member appointed by the governor to the committee. 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 by December of each year, 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 bill provides that Code chapter 4A does not restrict the general assembly from taking any other action with respect to regulating boards, requires each Act creating a board after the effective date of the bill to include a dissolution date for the board within five years of creation, and requires a governmental entity created by an executive order to dissolve within one year or after submission of a report, whichever is later. The division creates principles for the imposition of professional regulations in new Code chapter 4B. The principles 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 provides a rule of construction that any law of a political subdivision regulating a profession that is not regulated by the state shall be preempted if it is inconsistent with the principles expressed in the bill. Code chapter 4B does not apply to the regulation of a place of business through an ordinance, permit, or license. DIVISION III —— ACCOUNTABLE GOVERNMENT ACT REPORTS. The division relates to accountable government Act reports submitted by agencies. The bill requires such reports 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 AND EXAMINATIONS. 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. The bill prohibits a licensing board from offering a temporary license to an applicant required to take an exam on the laws of this state if the applicant can take the exam within days of submitting an application. DIVISION V —— EFFECTIVE DATE. The bill takes effect upon enactment.