Bill Text: IA SF2392 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act relating to the operation of state government, including the review of state boards, the regulation of professions and occupations, and investigations conducted by state boards, and including effective date provisions. (Formerly SSB 3142.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-03-11 - Subcommittee: Kaufmann, Bloomingdale and Mascher. H.J. 588. [SF2392 Detail]
Download: Iowa-2019-SF2392-Amended.html
Senate
File
2392
-
Reprinted
SENATE
FILE
2392
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3142)
(As
Amended
and
Passed
by
the
Senate
March
10,
2020
)
A
BILL
FOR
An
Act
relating
to
the
operation
of
state
government,
including
1
the
review
of
state
boards,
the
regulation
of
professions
2
and
occupations,
and
investigations
conducted
by
state
3
boards,
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
SF
2392
(4)
88
ss/rh
S.F.
2392
DIVISION
I
1
REGULATION
OF
PROFESSIONS
2
Section
1.
NEW
SECTION
.
272C.12
Definitions.
3
For
the
purposes
of
this
subchapter:
4
1.
“Health
profession
board”
means
an
entity
regulating,
5
licensing,
or
certifying
a
profession
regulated
pursuant
to
6
Title
IV,
subtitle
3.
7
2.
“Nonhealth
profession”
means
a
profession
regulated
by
8
this
state
other
than
provided
in
Title
IV,
subtitle
3.
9
3.
“Regulated
health
profession”
means
a
profession
10
regulated
pursuant
to
Title
IV,
subtitle
3.
11
4.
“Unregulated
health
profession”
means
a
profession
12
pursuant
to
Title
IV,
subtitle
3,
that
is
not
currently
13
regulated
by
any
entity
of
this
state.
14
5.
“Unregulated
nonhealth
profession”
means
a
profession
15
that
is
not
currently
regulated
by
any
entity
of
this
state
16
that
is
not
an
unregulated
health
profession.
17
Sec.
2.
NEW
SECTION
.
272C.13
Regulation
of
unregulated
18
health
professions.
19
1.
An
unregulated
health
profession
shall
not
be
subject
20
to
regulation
by
any
entity
of
this
state
for
the
purpose
of
21
prohibiting
competition
but
only
for
the
exclusive
purpose
of
22
protecting
the
public
interest.
All
proposed
legislation
to
23
regulate
an
unregulated
health
profession
shall
be
reviewed
by
24
the
general
assembly
to
determine
that
all
of
the
following
25
conditions
are
met:
26
a.
There
is
credible
evidence
that
the
unregulated
27
practice
of
the
unregulated
health
profession
will
clearly
28
harm
or
endanger
the
public
health,
safety,
or
welfare
and
the
29
potential
for
harm
is
easily
recognizable
and
not
remote.
30
b.
The
public
needs
and
can
reasonably
be
expected
31
to
benefit
from
an
assurance
of
initial
and
continuing
32
professional
ability.
33
c.
The
public
cannot
be
effectively
protected
by
other
means
34
in
a
more
cost-efficient
manner.
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2.
Prior
to
considering
proposed
legislation
to
regulate
an
1
unregulated
health
profession
for
passage
to
the
floor
of
the
2
senate
or
the
house
of
representatives,
a
legislative
committee
3
to
which
proposed
legislation
to
regulate
an
unregulated
4
health
profession
has
been
referred
shall
consider
whether
the
5
conditions
in
subsection
1
have
been
met.
If
the
committee
6
finds
that
the
conditions
in
subsection
1
have
been
met,
the
7
committee
shall
consider
whether
the
legislation
is
the
least
8
restrictive
method
of
regulation
to
address
the
specific
harm
9
or
danger
identified
in
this
subsection.
10
a.
If
existing
common
law
and
statutory
civil
actions
and
11
criminal
prohibitions
are
not
sufficient
to
eradicate
existing
12
harm,
the
legislation
shall
provide
for
stricter
civil
actions
13
and
criminal
prohibitions.
14
b.
If
a
service
is
being
performed
for
individuals
that
15
involves
a
hazard
to
the
public
health,
safety,
or
welfare,
the
16
legislation
shall
impose
inspection
requirements
and
enable
an
17
appropriate
state
entity
to
respond
to
a
violation
by
seeking
18
injunctive
relief
in
court.
19
c.
If
the
threat
to
the
public
health,
safety,
or
welfare
20
is
relatively
small
as
a
result
of
the
operation
of
the
21
unregulated
health
profession,
the
legislation
shall
implement
22
a
system
of
registration.
23
d.
If
a
consumer
may
have
a
substantial
basis
for
relying
24
on
the
services
of
a
practitioner
of
an
unregulated
health
25
profession,
the
legislation
shall
implement
a
system
of
26
certification.
27
e.
If
the
legislative
committee
determines
that
adequate
28
regulation
cannot
be
achieved
by
means
other
than
licensing,
29
the
legislation
shall
implement
a
system
of
licensing.
30
3.
The
legislative
committee
shall
submit
its
findings
31
regarding
whether
the
proposed
legislation
meets
the
conditions
32
in
subsections
1
and
2
to
the
president
of
the
senate
or
the
33
speaker
of
the
house
of
representatives,
who
shall
make
the
34
findings
available
to
each
member
of
the
general
assembly
on
35
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the
internet
site
of
the
general
assembly.
1
Sec.
3.
NEW
SECTION
.
272C.14
Proposed
regulation
of
2
unregulated
health
professions
——
written
reports.
3
1.
A
member
of
the
general
assembly
introducing
proposed
4
legislation
to
regulate
an
unregulated
health
profession
5
shall
submit
with
the
legislation
a
report,
prepared
by
the
6
legislative
services
agency,
addressing
the
requirements
7
contained
in
subsection
2.
The
report
shall
be
submitted
to
8
the
president
of
the
senate
or
the
speaker
of
the
house
of
9
representatives
prior
to
full
consideration
of
the
legislation
10
by
the
senate
or
the
house
of
representatives
and
made
11
available
on
the
internet
site
of
the
general
assembly.
12
2.
The
report
shall
address
all
of
the
following
and
13
identify
the
source
of
all
information
contained
in
the
report:
14
a.
Why
regulation
is
necessary
including
all
of
the
15
following:
16
(1)
The
nature
of
the
potential
harm
to
the
public
if
the
17
unregulated
health
profession
is
not
regulated
and
the
extent
18
to
which
there
is
a
threat
to
the
public
health,
safety,
or
19
welfare.
20
(2)
The
extent
to
which
consumers
need
and
will
benefit
21
from
a
method
of
regulation,
including
the
identification
22
of
competent
practitioners
and
typical
employers
in
the
23
profession.
24
(3)
The
extent
of
autonomy
a
practitioner
has,
as
indicated
25
by
the
extent
to
which
the
profession
calls
for
the
exercise
26
of
independent
judgment
and
the
extent
to
which
a
practitioner
27
is
supervised.
28
b.
The
efforts
made
to
address
the
problem
addressed
by
the
29
legislation
including
all
of
the
following:
30
(1)
Voluntary
efforts,
if
any,
undertaken
by
members
of
the
31
profession.
32
(2)
Recourse
to,
and
the
extent
of
use
of,
applicable
law
33
and
whether
the
law
could
be
amended
to
control
the
problem.
34
c.
The
alternatives
considered
including
all
of
the
35
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following:
1
(1)
Regulation
of
business
employers
or
practitioners
2
rather
than
employee
practitioners.
3
(2)
Regulation
of
the
program
or
service
rather
than
4
individual
practitioners.
5
(3)
Registration
of
all
practitioners.
6
(4)
Certification
of
all
practitioners.
7
(5)
Other
viable
alternatives.
8
(6)
If
licensing
is
sought,
why
licensing
would
serve
to
9
protect
the
public
interest.
10
d.
The
benefit
to
the
public
if
regulation
is
granted
11
including
all
of
the
following:
12
(1)
The
extent
to
which
the
incidence
of
specific
problems
13
present
in
the
unregulated
health
profession
can
reasonably
be
14
expected
to
be
reduced
by
regulation.
15
(2)
Whether
the
public
can
identify
qualified
16
practitioners.
17
(3)
The
extent
to
which
the
public
can
be
confident
that
18
qualified
practitioners
are
competent
including
all
of
the
19
following:
20
(a)
The
composition,
powers,
duties,
and
practices
of
the
21
proposed
regulatory
entity.
22
(b)
Whether
current
practitioners
of
an
unregulated
health
23
profession
will
be
allowed
to
continue
to
practice
and
whether
24
they
will
be
required
to
meet
the
qualifications
for
the
25
regulated
health
profession.
26
(c)
The
nature
of
the
standards
proposed
for
registration,
27
certification,
or
licensure
as
compared
with
the
standards
in
28
other
jurisdictions.
29
(d)
Whether
the
proposed
regulatory
entity
would
be
30
authorized
to
enter
into
reciprocity
agreements
with
other
31
jurisdictions.
32
(e)
The
nature
and
duration
of
any
training
and
experience
33
required,
whether
applicants
will
be
required
to
pass
an
34
examination,
and
whether
there
will
be
alternative
methods
to
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enter
the
health
profession.
1
(4)
Assurances
from
the
public
that
practitioners
have
2
maintained
their
competence
including
all
of
the
following:
3
(a)
Whether
a
registration,
certificate,
or
license
will
4
include
an
expiration
date.
5
(b)
Whether
the
renewal
of
a
registration,
certificate,
6
or
license
will
be
based
only
on
payment
of
a
fee
or
whether
7
renewal
will
involve
reexamination,
peer
review,
or
other
8
enforcement.
9
e.
The
extent
to
which
regulation
might
harm
the
public
10
including
all
of
the
following:
11
(1)
The
extent
to
which
regulation
will
restrict
entry
into
12
the
profession
including
all
of
the
following:
13
(a)
Whether
the
proposed
standards
are
more
restrictive
14
than
necessary
to
ensure
a
practitioner’s
safe
and
effective
15
performance
in
the
practice
of
the
profession.
16
(b)
Whether
the
proposed
legislation
requires
registered,
17
certified,
or
licensed
practitioners
in
other
jurisdictions
18
who
relocate
to
this
state
to
qualify
in
the
same
manner
as
19
other
applicants
if
the
other
jurisdiction
has
substantially
20
equivalent
requirements
for
registration,
certification,
or
21
licensure.
22
(2)
Whether
there
are
professions
similar
to
the
23
unregulated
health
profession
that
should
be
included
in,
or
24
portions
of
the
unregulated
health
profession
that
should
be
25
excluded
from,
the
proposed
legislation.
26
f.
The
maintenance
of
professional
standards
including
all
27
of
the
following:
28
(1)
Whether
effective
quality
assurance
standards
exist
29
in
the
profession
such
as
legal
requirements
associated
with
30
specific
programs
that
define
or
enforce
standards
or
a
code
31
of
ethics.
32
(2)
How
the
proposed
legislation
will
ensure
quality,
33
including
whether
a
code
of
ethics
will
be
adopted
and
the
34
grounds
for
suspension
or
revocation
of
a
registration,
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certificate,
or
license.
1
g.
A
description
of
the
group
proposed
for
regulation,
2
including
a
list
of
associations,
organizations,
and
other
3
professional
groups
representing
practitioners
in
this
state,
4
an
estimate
of
the
number
of
practitioners
in
each
professional
5
group,
and
whether
the
professional
groups
represent
different
6
levels
of
practice.
7
h.
The
expected
costs
of
regulation,
including
the
impact
of
8
costs
on
the
public
and
costs
imposed
on
this
state.
9
Sec.
4.
NEW
SECTION
.
272C.15
Proposed
increased
regulation
10
of
regulated
health
professions
——
written
reports.
11
1.
A
member
of
the
general
assembly
introducing
proposed
12
legislation
to
expand
the
scope
of
practice
of
a
regulated
13
health
profession
shall
submit
with
the
legislation
a
report,
14
prepared
by
the
legislative
services
agency,
addressing
the
15
requirements
contained
in
subsection
2.
The
report
shall
be
16
submitted
to
the
president
of
the
senate
or
the
speaker
of
the
17
house
of
representatives
prior
to
full
consideration
of
the
18
legislation
by
the
senate
or
the
house
of
representatives
and
19
made
available
on
the
internet
site
of
the
general
assembly.
20
2.
The
report
shall
address
all
of
the
following
and
21
identify
the
source
of
all
information
contained
in
the
report:
22
a.
Why
an
expanded
scope
of
practice
for
the
regulated
23
health
profession
is
beneficial,
including
the
extent
to
which
24
health
care
consumers
need
and
will
benefit
from
safe,
quality
25
health
care
from
practitioners
within
the
expanded
scope
of
26
practice.
27
b.
Whether
expanding
the
scope
of
practice
of
practitioners
28
in
the
regulated
health
profession
will
require
practitioners
29
to
have
didactic
and
clinical
education
from
accredited
30
professional
schools
or
training
from
recognized
programs
that
31
prepare
them
to
perform
within
the
proposed
expanded
scope
of
32
practice,
and
specific
educational
or
training
requirements
for
33
that
proposed
expanded
scope
of
practice.
34
c.
Whether
the
subject
matter
of
the
proposed
expanded
scope
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of
practice
is
currently
tested
by
nationally
recognized
and
1
accepted
examinations
for
applicants
for
professional
licensure
2
and
the
details
of
the
examination
relating
to
the
expanded
3
scope
of
practice.
4
d.
The
extent
to
which
the
proposed
expanded
scope
5
of
practice
will
impact
the
practice
of
practitioners
6
currently
licensed
in
this
state
or
the
entry
into
practice
7
of
practitioners
who
have
relocated
from
other
states
with
8
substantially
equivalent
requirements
for
registration,
9
certification,
or
licensure
in
this
state.
10
e.
The
extent
to
which
implementing
the
proposed
expanded
11
scope
of
practice
may
result
in
savings
or
a
cost
to
this
state
12
and
to
the
public.
13
f.
The
relevant
regulated
health
profession
licensure
laws,
14
if
any,
in
this
state
and
other
states.
15
g.
Recommendations,
if
any,
the
applicable
regulatory
entity
16
or
entities,
the
department
of
public
health,
and
accredited
17
educational
or
training
programs.
18
3.
a.
Prior
to
considering
proposed
legislation
to
19
expand
the
scope
of
practice
of
a
regulated
health
profession
20
for
passage
to
the
floor
of
the
senate
or
the
house
of
21
representatives,
a
legislative
committee
to
which
proposed
22
legislation
has
been
referred
shall
consider
all
of
the
23
following:
24
(1)
Whether
the
expansion
of
a
regulated
health
25
profession’s
scope
of
practice
is
only
for
the
purpose
of
26
protecting
the
public
from
a
specific
harm
or
danger.
27
(2)
Whether
the
addition
of
adequately
trained
28
practitioners
providing
an
expanded
range
of
health
care
29
services
will
have
a
beneficial
effect
on
the
public
and
30
increase
access
to
safe,
quality
health
care.
31
(3)
Whether
any
changes
in
the
entity
regulating
the
32
regulated
health
profession
are
necessary
to
protect
the
33
public.
34
b.
The
legislative
committee
shall
not
consider
competition
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with
or
from
other
regulated
health
professions
or
whether
a
1
practitioner
will
be
able
to
obtain
health
insurance
coverage
2
for
the
proposed
expanded
scope
of
practice.
3
Sec.
5.
NEW
SECTION
.
272C.16
Continuing
education
4
requirements
——
evidence
of
efficacy.
5
A
member
of
the
general
assembly
introducing
proposed
6
legislation
to
impose
or
increase
a
continuing
education
7
requirement
on
a
regulated
health
profession
shall
submit
with
8
the
legislation
evidence
that
such
a
requirement
has
proven
9
effective
for
the
health
profession.
The
evidence
shall
be
10
submitted
to
the
president
of
the
senate
or
the
speaker
of
the
11
house
of
representatives
prior
to
full
consideration
of
the
12
legislation
by
the
senate
or
the
house
of
representatives
and
13
made
available
on
the
internet
site
of
the
general
assembly.
14
Sec.
6.
NEW
SECTION
.
272C.17
Regulation
of
unregulated
15
nonhealth
professions.
16
1.
An
unregulated
nonhealth
profession
shall
not
be
17
regulated
except
for
the
exclusive
purpose
of
protecting
the
18
public
interest.
All
proposed
legislation
to
regulate
an
19
unregulated
nonhealth
profession
shall
be
reviewed
by
the
20
legislative
committee
to
which
the
proposed
legislation
is
21
referred
to
ensure
that
all
of
the
following
requirements
are
22
met:
23
a.
The
unregulated
practice
of
the
nonhealth
profession
can
24
clearly
harm
the
public
health,
safety,
or
welfare.
25
b.
The
actual
or
anticipated
public
benefit
of
the
26
regulation
clearly
exceeds
the
costs
imposed
by
the
regulation
27
on
consumers,
businesses,
and
individuals.
28
c.
The
public
needs
and
can
reasonably
be
expected
29
to
benefit
from
an
assurance
of
initial
and
continuing
30
professional
ability.
31
d.
The
public
cannot
be
effectively
protected
by
private
32
certification
or
other
alternatives.
33
2.
If
a
legislative
committee
finds
that
the
proposed
34
legislation
satisfies
the
conditions
in
subsection
1,
the
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committee
shall
examine
data
from
multiple
sources
and
shall
1
consider
evidence
of
actual
harm
to
the
public
related
to
2
the
unregulated
nonhealth
profession
being
considered
for
3
regulation.
The
evidence
may
include
industry
association
4
data;
federal,
state,
and
local
government
data;
business
5
reports;
complaints
to
law
enforcement,
relevant
state
6
agencies,
and
the
better
business
bureau;
and
data
from
7
agencies
in
other
states
with
and
without
similar
systems
of
8
regulation.
9
3.
If,
after
consideration
of
evidence
pursuant
to
10
subsection
2,
the
legislative
committee
finds
that
it
is
11
necessary
to
regulate
an
unregulated
nonhealth
profession,
the
12
committee
shall
review
the
proposed
legislation
to
determine
13
whether
it
is
the
least
restrictive
regulation
necessary
and
14
whether
the
regulation
protects
a
discrete
interest
group
from
15
economic
competition.
16
4.
The
legislative
committee
shall
submit
its
findings
17
regarding
whether
the
proposed
legislation
meets
the
18
requirements
of
subsections
1,
2,
and
3
to
the
president
of
19
the
senate
or
the
speaker
of
the
house
of
representatives,
who
20
shall
make
the
findings
available
to
each
member
of
the
general
21
assembly
on
the
internet
site
of
the
general
assembly.
22
Sec.
7.
NEW
SECTION
.
272C.18
Proposed
regulation
of
23
unregulated
nonhealth
professions
——
written
reports.
24
1.
A
member
of
the
general
assembly
introducing
legislation
25
to
regulate
an
unregulated
nonhealth
profession
shall
submit
26
with
the
legislation
a
report,
prepared
by
the
legislative
27
services
agency,
addressing
the
requirements
contained
in
28
subsection
2.
The
report
shall
be
submitted
to
the
president
29
of
the
senate
or
the
speaker
of
the
house
of
representatives
30
prior
to
full
consideration
of
the
legislation
by
the
senate
or
31
the
house
of
representatives
and
made
available
on
the
internet
32
site
of
the
general
assembly.
33
2.
The
report
shall
address
all
of
the
following
and
34
identify
the
source
of
all
information
contained
in
the
report:
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a.
Why
regulation
is
necessary
including
what
particular
1
problem
regulation
would
address.
2
b.
The
efforts
made
to
address
the
problem.
3
c.
The
alternatives
considered.
4
d.
The
benefit
to
the
public
of
regulating
the
profession.
5
e.
The
extent
to
which
regulation
might
harm
the
public.
6
f.
The
maintenance
of
professional
standards
including
all
7
of
the
following:
8
(1)
Whether
effective
quality
assurance
standards
exist
9
in
the
profession
such
as
legal
requirements
associated
with
10
specific
programs
that
define
or
enforce
standards
or
a
code
11
of
ethics.
12
(2)
How
the
proposed
legislation
will
assure
quality
13
including
the
extent
to
which
a
code
of
ethics
will
be
14
adopted
and
the
grounds
for
the
suspension
or
revocation
of
a
15
registration,
certificate,
or
license.
16
g.
A
description
of
the
profession
proposed
for
regulation,
17
including
a
list
of
associations,
organizations,
and
other
18
professional
groups
representing
practitioners
in
this
state,
19
an
estimate
of
the
number
of
practitioners
in
each
profession,
20
and
whether
the
professional
groups
represent
different
levels
21
of
practice.
22
h.
The
expected
costs
of
regulation,
including
the
impact
of
23
costs
on
the
public
and
costs
imposed
on
this
state.
24
DIVISION
II
25
BOARD
REVIEWS
26
Sec.
8.
Section
2.69,
subsection
1,
Code
2020,
is
amended
27
to
read
as
follows:
28
1.
A
state
government
efficiency
review
committee
is
29
established
which
shall
meet
at
least
every
two
years
to
review
30
the
operations
of
state
government
monthly,
as
necessary,
31
to
efficiently
review
all
boards
according
to
the
schedule
32
established
by
the
legislative
services
agency
pursuant
to
33
section
4A.5
.
The
committee
shall
meet
as
directed
by
the
34
legislative
council.
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Sec.
9.
Section
2.69,
subsection
2,
paragraph
a,
Code
2020,
1
is
amended
to
read
as
follows:
2
a.
The
committee
shall
consist
of
three
members
of
the
3
senate
appointed
by
the
majority
leader
of
the
senate,
two
4
members
of
the
senate
appointed
by
the
minority
leader
of
the
5
senate,
three
members
of
the
house
of
representatives
appointed
6
by
the
speaker
of
the
house
of
representatives,
and
two
members
7
of
the
house
of
representatives
appointed
by
the
minority
8
leader
of
the
house
of
representatives
,
and
one
ex
officio,
9
nonvoting
member
appointed
by
the
governor
.
10
Sec.
10.
Section
2.69,
subsections
4,
5,
and
6,
Code
2020,
11
are
amended
by
striking
the
subsections.
12
Sec.
11.
NEW
SECTION
.
4A.2
Definitions.
13
As
used
in
this
chapter,
unless
the
context
otherwise
14
requires:
15
1.
“Board”
means
any
board,
council,
commission,
committee,
16
panel,
review
team,
or
foundation
of
this
state,
except
that
17
“board”
does
not
include
a
pension
board
or
the
Iowa
ethics
and
18
campaign
disclosure
board
created
in
section
68B.32.
19
2.
“Board
review
criteria”
means
the
criteria
required
to
be
20
considered
under
section
4A.5.
21
3.
“Committee”
means
the
state
government
efficiency
review
22
committee
created
pursuant
to
section
2.69.
23
Sec.
12.
NEW
SECTION
.
4A.3
Committee
——
review
of
boards.
24
1.
The
committee
shall
carry
out
the
functions
provided
in
25
this
chapter.
26
2.
Administrative
assistance
shall
be
provided
by
the
27
legislative
services
agency
and
by
staff
of
each
caucus
of
the
28
general
assembly.
29
Sec.
13.
NEW
SECTION
.
4A.5
Board
reviews.
30
1.
The
committee
shall
review
the
usefulness,
performance,
31
and
efficacy
of
each
board
as
provided
in
subsection
2.
The
32
committee
shall
hold
hearings
to
receive
the
testimony
of
the
33
public
and
of
the
chief
executive
officer
of
the
board.
After
34
completing
a
review,
the
committee
shall
prepare
and
publish
35
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a
report
of
its
findings
and
recommendations
as
provided
in
1
section
4A.6.
2
2.
The
legislative
services
agency
shall
establish
a
3
schedule
for
the
committee
to
review
each
board
such
that
4
the
committee
reviews
approximately
one-fifth
of
all
boards
5
each
calendar
year
and
each
board
has
been
reviewed
once
6
between
the
calendar
years
2021
and
2026.
The
committee
may
7
modify
the
schedule
as
necessary
to
facilitate
the
efficient
8
administration
of
the
committee.
9
3.
A
board
that
is
scheduled
for
review
shall
submit
a
10
report
to
the
committee
prior
to
the
date
that
it
is
scheduled
11
for
review
that
includes
all
of
the
following
information:
12
a.
The
board’s
primary
purpose
and
its
goals
and
objectives.
13
b.
The
board’s
past
and
anticipated
workload,
the
number
of
14
staff
required
to
complete
that
workload,
and
the
board’s
total
15
number
of
staff.
16
c.
The
board’s
past
and
anticipated
budgets
and
its
sources
17
of
funding.
18
d.
The
number
of
members
that
compose
the
governing
board
or
19
other
governing
entity
of
the
board
and
member
compensation,
20
if
any.
21
4.
A
board
subject
to
review
shall
bear
the
burden
of
22
demonstrating
to
the
committee
a
public
need
for
its
continued
23
existence.
In
determining
whether
a
board
has
met
that
24
burden,
the
committee
shall
consider
all
of
the
following,
as
25
applicable:
26
a.
Whether
continuation
of
the
board
is
necessary
to
protect
27
the
health,
safety,
or
welfare
of
the
public,
and
if
so,
28
whether
the
board’s
authority
is
narrowly
tailored
to
protect
29
against
present,
recognizable,
and
significant
harms
to
the
30
health,
safety,
or
welfare
of
the
public.
31
b.
Whether
the
public
could
be
protected
or
served
in
an
32
alternate
or
less
restrictive
manner.
33
c.
Whether
the
board
serves
a
specific
private
interest.
34
d.
Whether
rules
adopted
by
the
board
are
consistent
with
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the
legislative
mandate
of
the
board
as
expressed
in
the
1
statutes
that
created
and
empowered
the
board.
2
e.
The
extent
to
which
the
board’s
jurisdiction
and
programs
3
overlap
or
duplicate
those
of
other
boards,
the
extent
to
which
4
the
board
coordinates
with
those
other
boards,
and
the
extent
5
to
which
the
board’s
programs
could
be
consolidated
with
the
6
programs
of
other
state
departments
or
boards.
7
f.
The
number
of
other
states
that
regulate
the
occupation,
8
whether
a
license
is
required
to
engage
in
the
occupation
in
9
other
states,
whether
the
initial
licensing
and
license
renewal
10
requirements
for
the
occupation
are
substantially
equivalent
11
in
every
state,
and
the
amount
of
regulation
exercised
by
the
12
board
compared
to
the
regulation,
if
any,
in
other
states.
13
g.
Whether
the
board
recognizes
national
uniform
licensure
14
requirements
for
the
occupation.
15
h.
Whether
private
contractors
could
be
used,
in
an
16
effective
and
efficient
manner,
either
to
assist
the
board
in
17
the
performance
of
its
duties
or
to
perform
the
board’s
duties
18
in
place
of
the
board.
19
i.
Whether
the
operation
of
the
board
has
inhibited
economic
20
growth,
reduced
efficiency,
or
increased
government
costs.
21
j.
An
assessment
of
the
authority
of
the
board
regarding
22
fees,
inspections,
enforcement,
and
penalties.
23
k.
The
extent
to
which
the
board
has
permitted
qualified
24
applicants
to
serve
the
public.
25
l.
The
extent
to
which
the
board
has
allowed
individuals
to
26
practice
elements
of
the
occupation
without
a
license.
27
m.
The
cost-effectiveness
of
the
board
in
terms
of
the
28
number
of
employees,
services
rendered,
and
administrative
29
costs
incurred,
both
past
and
present.
30
n.
Whether
the
board’s
operation
has
been
impeded
or
31
enhanced
by
existing
statutes
and
procedures
and
by
budgetary,
32
resource,
and
personnel
practices.
33
o.
Whether
the
board
has
recommended
statutory
changes
to
34
the
general
assembly
that
would
benefit
the
public
rather
than
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the
individuals
regulated
by
the
board,
if
any,
and
whether
the
1
board’s
recommendations
and
other
policies
have
been
adopted
2
and
implemented.
3
p.
Whether
the
board
has
required
any
individuals
subject
to
4
the
board’s
regulations
to
report
to
the
board
the
impact
of
5
board
rules
and
decisions
on
the
public
as
they
affect
service
6
costs
and
service
delivery.
7
q.
Whether
individuals
regulated
by
the
board,
if
any,
have
8
been
required
to
assess
problems
in
their
business
operations
9
that
affect
the
public.
10
r.
Whether
the
board
has
encouraged
public
participation
in
11
its
rulemaking
and
decision
making.
12
s.
The
efficiency
with
which
formal
public
complaints
filed
13
with
the
board
have
been
processed
to
completion.
14
t.
Whether
the
purpose
for
which
the
board
was
created
has
15
been
fulfilled,
has
changed,
or
no
longer
exists.
16
u.
Whether
federal
law
requires
that
the
board
be
renewed
17
in
some
form.
18
v.
An
assessment
of
the
administrative
hearing
process
of
19
the
board
if
the
board
has
an
administrative
hearing
process,
20
and
whether
the
hearing
process
is
consistent
with
due
process
21
rights.
22
w.
Whether
the
requirement
for
an
occupational
license
23
is
consistent
with
the
principles
expressed
in
section
4B.2,
24
serves
a
meaningful,
defined
public
interest,
and
provides
the
25
least
restrictive
form
of
regulation
that
adequately
protects
26
the
public
interest.
27
x.
The
extent
to
which
licensing
ensures
that
practitioners
28
have
occupational
skill
sets
or
competencies
that
are
29
substantially
related
to
protecting
consumers
from
present,
30
significant,
and
substantiated
harms
that
threaten
the
public
31
health,
safety,
or
welfare,
and
the
impact
that
those
criteria
32
have
on
applicants
for
a
license,
particularly
those
with
33
moderate
or
low
incomes,
seeking
to
enter
the
occupation
or
34
profession.
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y.
The
extent
to
which
the
requirement
for
the
occupational
1
license
stimulates
or
restricts
competition,
affects
consumer
2
choice,
and
affects
the
cost
of
services.
3
z.
An
assessment
of
whether
changes
are
needed
in
the
4
enabling
laws
of
the
board
in
order
for
the
board
to
comply
5
with
the
criteria
listed
in
this
subsection.
6
Sec.
14.
NEW
SECTION
.
4A.6
Reports
of
the
committee.
7
1.
After
completing
a
review
of
a
board
pursuant
to
section
8
4A.5,
the
committee
shall
prepare
and
submit
a
report
of
its
9
findings
and
recommendations
by
December
21.
A
report
may
10
include
findings
and
recommendations
for
more
than
one
board.
11
Copies
of
the
report
shall
be
submitted
to
the
president
of
12
the
senate,
the
speaker
of
the
house
of
representatives,
the
13
governor,
and
each
affected
board,
and
shall
be
made
publicly
14
available
on
the
internet
site
of
the
general
assembly.
The
15
committee
shall
present
its
recommendations
to
the
general
16
assembly
in
the
form
of
a
bill.
17
2.
Recommendations
of
the
committee
shall
indicate
how
or
18
whether
implementation
of
the
recommendations
would
do
each
of
19
the
following:
20
a.
Improve
efficiency
in
the
management
of
state
government.
21
b.
Improve
services
rendered
to
citizens
of
the
state.
22
c.
Simplify
and
improve
preparation
of
the
state
budget.
23
d.
Conserve
the
natural
resources
of
the
state.
24
e.
Promote
the
orderly
growth
of
the
state
and
its
25
government.
26
f.
Promote
occupational
regulations
to
increase
economic
27
opportunities,
encourage
competition,
and
encourage
innovation.
28
g.
Provide
for
the
least
restrictive
regulations
by
29
repealing
current
regulations
and
replacing
them
with
less
30
restrictive
regulations
that
are
consistent
with
the
principles
31
expressed
in
section
4B.2.
32
h.
Improve
the
effectiveness
of
the
services
performed
by
33
the
boards
of
the
state.
34
i.
Avoid
duplication
of
effort
by
state
agencies
or
boards.
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j.
Improve
the
organization
and
coordination
of
the
state
1
government.
2
Sec.
15.
NEW
SECTION
.
4A.7
Activities
of
the
general
3
assembly
not
restricted.
4
This
chapter
shall
not
be
construed
to
restrict
the
general
5
assembly
from
considering
any
legislation
concerning
a
board
6
subject
to
this
chapter.
7
Sec.
16.
NEW
SECTION
.
4B.1
Definitions.
8
For
the
purposes
of
this
chapter:
9
1.
“Certification”
means
a
voluntary
program
in
which
10
a
private
organization
or
the
state
grants
nontransferable
11
recognition
to
an
individual
who
meets
personal
qualifications
12
established
by
the
private
organization
or
state
law.
13
2.
“Lawful
occupation”
means
a
course
of
conduct,
pursuit,
14
or
profession
that
includes
the
sale
of
goods
or
services
that
15
are
not
themselves
illegal
to
sell
irrespective
of
whether
16
the
individual
selling
the
goods
or
services
is
subject
to
an
17
occupational
regulation.
18
3.
“Least
restrictive
regulation”
means
the
public
policy
of
19
relying
on
one
of
the
following,
listed
from
the
least
to
the
20
most
restrictive,
as
a
means
of
consumer
protection:
21
a.
Market
competition.
22
b.
Third-party
or
consumer-created
ratings
and
reviews.
23
c.
Private
certifications.
24
d.
Actions
under
section
714H.5.
25
e.
Actions
under
section
714.16.
26
f.
Regulation
of
the
process
of
providing
the
specific
goods
27
or
services
to
consumers.
28
g.
Inspections.
29
h.
Bonding
or
insurance.
30
i.
Registrations.
31
j.
Government
certifications.
32
k.
Occupational
licenses,
including
specialty
occupational
33
licenses
for
medical
reimbursement.
34
4.
“Occupational
license”
means
a
government
permission
slip
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to
work
that
is
a
nontransferable
authorization
in
law
that
an
1
individual
must
possess
in
order
to
perform
a
lawful
occupation
2
for
compensation
based
on
meeting
personal
qualifications
3
established
by
statute
or
by
a
rule
authorized
by
statute.
4
“Occupational
license”
does
not
include
a
commercial
or
other
5
driver’s
license.
6
5.
“Occupational
licensing
board”
means
any
board,
7
commission,
committee,
or
council,
or
any
other
similar
state
8
public
body,
and
any
agency,
division,
or
office
of
state
9
government,
that
issues
an
occupational
license.
10
6.
“Occupational
regulation”
means
a
statute,
policy,
rule,
11
practice,
or
other
state
law
requiring
an
individual
to
possess
12
certain
personal
qualifications
to
use
an
occupational
title
or
13
work
in
a
lawful
occupation.
“Occupational
regulation”
includes
14
a
registration,
certification,
and
occupational
license.
15
“Occupational
regulation”
excludes
a
business
license,
facility
16
license,
building
permit,
or
zoning
and
land
use
regulation,
17
except
to
the
extent
those
laws
regulate
an
individual’s
18
personal
qualifications
to
perform
a
lawful
occupation,
and
19
excludes
a
commercial
or
other
driver’s
license.
20
7.
“Personal
qualifications”
means
criteria
related
to
an
21
individual’s
personal
background
and
characteristics
including
22
completion
of
an
approved
educational
program,
satisfactory
23
performance
on
an
examination,
work
experience,
other
evidence
24
of
attainment
of
requisite
skills
or
knowledge,
moral
standing,
25
criminal
history,
and
completion
of
continuing
education.
26
8.
“Registration”
means
a
requirement
to
give
notice
to
the
27
government
that
may
include
the
individual’s
name
and
address,
28
the
individual’s
agent
for
service
of
process,
the
location
of
29
the
activity
to
be
performed,
and
a
description
of
the
service
30
the
individual
provides.
“Registration”
does
not
include
31
personal
qualifications
but
may
require
a
bond
or
insurance.
32
9.
“Specialty
occupational
license
for
medical
reimbursement”
33
is
a
nontransferable
authorization
in
law
for
an
individual
34
to
qualify
for
payment
or
reimbursement
from
a
government
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agency
for
providing
identified
medical
services
based
on
1
meeting
personal
qualifications
established
in
law
which
may
be
2
recognized
by
a
private
company.
3
Sec.
17.
NEW
SECTION
.
4B.2
Occupational
regulation
4
principles.
5
With
respect
to
the
occupational
regulation
of
individuals,
6
all
of
the
following
shall
be
policies
of
this
state:
7
1.
Occupational
regulations
shall
be
construed
and
applied
8
to
increase
economic
opportunities,
promote
competition,
and
9
encourage
innovation.
10
2.
If
the
state
finds
it
is
necessary
to
displace
11
competition,
the
state
shall
use
the
least
restrictive
12
regulation
to
protect
consumers
from
present,
significant,
13
and
substantiated
harms
that
threaten
public
health,
safety,
14
or
welfare.
The
policy
of
employing
the
least
restrictive
15
regulation
shall
presume
that
market
competition
and
private
16
remedies
are
sufficient
to
protect
consumers.
If
necessary,
17
regulations
shall
be
tailored
to
meet
the
predominate
18
identified
need
to
protect
consumers
as
follows:
19
a.
If
a
regulation
is
intended
to
protect
consumers
against
20
fraud,
the
appropriate
state
action
shall
be
to
strengthen
21
powers
under
deceptive
trade
practices
acts.
22
b.
If
a
regulation
is
intended
to
protect
consumers
against
23
unsanitary
facilities
and
general
health,
safety,
or
welfare
24
concerns,
the
appropriate
state
action
shall
be
to
require
25
periodic
inspections.
26
c.
If
a
regulation
is
intended
to
protect
a
consumer
against
27
potential
damages
to
a
third
party
who
is
not
a
party
to
a
28
contract
between
the
seller
and
buyer,
and
other
types
of
29
externalities,
the
appropriate
state
action
shall
be
to
require
30
bonding
or
insurance.
31
d.
If
a
regulation
is
intended
to
protect
a
consumer
against
32
potential
damages
by
transient
providers,
the
appropriate
state
33
action
shall
be
to
require
registration
with
the
secretary
of
34
state.
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e.
If
a
regulation
is
intended
to
protect
a
consumer
1
against
asymmetrical
information
between
the
seller
and
buyer,
2
the
appropriate
state
action
shall
be
to
offer
voluntary
3
certification,
unless
appropriate,
privately
offered
voluntary
4
certification
for
the
relevant
occupation
is
available.
5
f.
If
a
regulation
is
intended
to
facilitate
governmental
6
reimbursement
for
providing
medical
services
for
an
emerging
7
medical
specialty,
the
appropriate
state
action
shall
be
8
to
require
a
specialty
occupational
license
for
medical
9
reimbursement.
A
person
shall
not
be
required
to
hold
a
10
specialty
occupational
license
for
medical
reimbursement
in
11
order
to
lawfully
provide
a
medical
service
for
an
emerging
12
medical
specialty;
however,
a
person
providing
a
medical
13
service
for
an
emerging
medical
specialty
without
a
specialty
14
occupational
license
for
medical
reimbursement
shall
not
15
receive
governmental
reimbursement
for
providing
that
service.
16
A
specialty
occupational
license
for
medical
reimbursement
17
shall
not
restrict
governmental
reimbursement
for
services
18
similar
to
the
regulated
service
that
may
be
provided
by
other
19
regulated
persons.
20
g.
If
a
regulation
is
required
to
perform
services
21
regulated
by
both
federal
laws
and
the
laws
of
this
state,
22
the
appropriate
state
action
shall
be
to
require
the
state
23
to
recognize
an
individual’s
occupational
license
from
24
another
state
or
territory
of
the
United
States
to
allow
that
25
individual
to
practice
in
this
state.
26
3.
An
occupational
regulation
may
be
enforced
against
an
27
individual
only
to
the
extent
the
individual
sells
goods
and
28
services
that
are
included
explicitly
in
the
statute
that
29
defines
the
occupation’s
scope
of
practice.
30
4.
This
chapter
shall
not
restrict
an
occupational
31
licensing
board
from
requiring,
as
a
condition
of
licensure
32
or
renewal
of
licensure,
that
an
individual’s
personal
33
qualifications
include
obtaining
or
maintaining
certification
34
from
a
private
organization
that
credentials
individuals
in
the
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relevant
occupation.
1
Sec.
18.
NEW
SECTION
.
4B.3
Local
licensing
——
preemption.
2
This
chapter
preempts
any
ordinance
or
other
local
law
or
3
regulation
which
conflicts
with
or
is
inconsistent
with
any
4
policy
of
the
state
expressed
in
this
chapter
by
any
political
5
subdivision
that
regulates
an
occupation
that
is
not
regulated
6
by
the
state.
7
DIVISION
III
8
ACCOUNTABLE
GOVERNMENT
ACT
REPORTS
9
Sec.
19.
Section
8E.210,
Code
2020,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
1A.
In
addition
to
the
requirements
12
of
subsection
1,
an
agency’s
annual
performance
report
13
shall
include
a
description
of
how
the
agency
improved
14
efficiency,
modernized
processes,
eliminated
duplication
and
15
outdated
processes,
reduced
costs,
increased
accountability,
16
expanded
the
use
of
technology,
and
incorporated
productivity
17
improvement
measures.
The
section
of
the
annual
performance
18
report
addressing
the
factors
listed
in
this
subsection
shall
19
be
submitted
to
the
state
government
committee
of
each
chamber
20
of
the
general
assembly
and
made
publicly
available
on
the
21
internet
site
of
the
general
assembly.
22
DIVISION
IV
23
PROFESSIONAL
LICENSING
BOARD
INVESTIGATIONS
24
Sec.
20.
Section
272C.3,
subsection
1,
paragraph
d,
Code
25
2020,
is
amended
to
read
as
follows:
26
d.
Determine
in
any
case
whether
an
investigation,
or
27
further
investigation,
or
a
disciplinary
proceeding
is
28
warranted.
Notwithstanding
the
provisions
of
chapter
17A
,
29
a
determination
by
a
licensing
board
that
an
investigation
30
is
not
warranted
or
that
an
investigation
should
be
closed
31
without
initiating
a
disciplinary
proceeding
is
not
subject
to
32
judicial
review
pursuant
to
section
17A.19
.
Notwithstanding
33
any
other
provision
of
law,
if
a
board
determines
that
there
34
is
no
probable
cause
to
believe
that
an
asserted
violation
has
35
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occurred,
the
complaint
shall
be
returned
to
the
complainant
1
with
a
statement
specifying
the
reasons
for
rejection
2
sufficient
to
enable
the
complainant
to
review
the
agency’s
3
determination.
4
DIVISION
V
5
ADMINISTRATIVE
RULES
REVIEW
COMMITTEE
REVIEW
OF
ENTRY
6
REGULATIONS
7
Sec.
21.
NEW
SECTION
.
17A.35
Review
of
occupational
entry
8
regulations.
9
1.
For
purposes
of
this
section,
unless
the
context
10
otherwise
requires:
11
a.
“Entry
regulation”
means
any
rule
adopted
pursuant
to
12
chapter
17A
by
a
licensing
board
for
the
purpose
of
regulating
13
an
occupational
or
professional
group,
including
but
not
14
limited
to
any
rule
prescribing
qualifications
or
requirements
15
for
a
person’s
entry
into,
or
continued
participation
in,
any
16
business,
trade,
profession,
or
occupation
in
this
state.
17
b.
“Licensing
board”
or
“board”
means
the
same
as
defined
18
in
section
272C.1.
19
2.
A
licensing
board
shall
designate
any
entry
regulation
20
filed
with
the
administrative
rules
coordinator
and
21
administrative
code
editor
pursuant
to
section
17A.4
or
17A.5
22
as
an
entry
regulation
in
the
preamble.
23
3.
The
administrative
rules
review
committee,
when
24
reviewing
a
rule
pursuant
to
section
17A.8,
subsection
6,
that
25
is
designated
as
an
entry
regulation
by
a
licensing
board,
26
shall
consider
the
following
factors
when
reviewing
the
rule:
27
a.
Whether
the
entry
regulation
is
required
by
state
or
28
federal
law.
29
b.
Whether
the
entry
regulation
is
necessary
to
protect
the
30
public
health,
safety,
or
welfare.
31
c.
Whether
the
purpose
or
effect
of
the
entry
regulation
is
32
to
unnecessarily
inhibit
competition
or
arbitrarily
deny
entry
33
into
a
business,
trade,
profession,
or
occupation.
34
d.
Whether
the
intended
purpose
of
the
entry
regulation
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could
be
accomplished
by
less
restrictive
or
burdensome
means.
1
e.
Whether
the
entry
regulation
is
outside
of
the
scope
of
2
the
licensing
board’s
statutory
authority
to
adopt
rules.
3
4.
The
administrative
rules
review
committee,
when
4
considering
the
factors
provided
in
subsection
3,
shall
not
5
give
deference
to
a
statement
or
interpretation
made
by
a
6
licensing
board
regarding
an
entry
regulation,
statute,
or
7
other
legal
authority.
8
5.
If
the
administrative
rules
review
committee
disapproves
9
of
an
entry
regulation
after
consideration
of
the
factors
10
provided
in
subsection
3,
the
committee
may
take
any
action
on
11
the
rule
otherwise
permitted
to
the
committee.
12
6.
a.
No
later
than
December
31,
2020,
each
licensing
board
13
shall
submit
to
the
administrative
rules
review
committee
a
14
list
of
all
entry
regulations
adopted
by
the
board
that
are
in
15
effect
as
of
the
date
of
submission.
16
b.
The
administrative
rules
review
committee
shall
review
17
all
entry
regulations
submitted
to
the
committee
pursuant
18
to
paragraph
“a”
by
December
31,
2024.
The
committee
shall
19
prescribe
a
schedule
for
such
review
and
shall
update
the
20
schedule
as
necessary.
The
schedule
shall
be
posted
by
the
21
legislative
services
agency
on
the
general
assembly’s
internet
22
site.
23
Sec.
22.
APPLICABILITY.
Section
17A.35,
subsection
24
2,
as
enacted
by
this
Act,
applies
to
rules
filed
with
the
25
administrative
rules
coordinator
and
administrative
code
editor
26
pursuant
to
section
17A.4
or
17A.5,
for
publication
in
an
Iowa
27
administrative
bulletin
published
on
or
after
July
29,
2020.
28
DIVISION
VI
29
EFFECTIVE
DATE
30
Sec.
23.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
31
immediate
importance,
takes
effect
upon
enactment.
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