Bill Text: IA SF487 | 2021-2022 | 89th General Assembly | Amended

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Bill Title: A bill for an act 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. (Formerly SSB 1046.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2022-03-28 - Fiscal note. [SF487 Detail]

Download: Iowa-2021-SF487-Amended.html

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Senate File 487 - Reprinted
SENATE FILE 487
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 1046)
(As Amended and Passed by the Senate March 17, 2021 )
A BILL FOR
An Act 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
REGULATION OF PROFESSIONS
Section 1. NEW SECTION . 272C.16 Definitions.
For the purposes of this subchapter:
1. “Health profession board” means an entity regulating,
licensing, or certifying a profession regulated pursuant to
Title IV, subtitle 3.
2. “Nonhealth profession” means a profession regulated by
this state other than provided in Title IV, subtitle 3.
3. “Regulated health profession” means a profession
regulated pursuant to Title IV, subtitle 3.
4. “Unregulated health profession” means a profession
pursuant to Title IV, subtitle 3, that is not currently
regulated by any entity of this state.
5. “Unregulated nonhealth profession” means a profession
that is not currently regulated by any entity of this state
that is not an unregulated health profession.
Sec. 2. NEW SECTION . 272C.17 Regulation of unregulated
health professions.
1. An unregulated health profession shall not be subject
to regulation by any entity of this state for the purpose of
prohibiting competition but only for the exclusive purpose
of protecting the public health or safety. All proposed
legislation to regulate an unregulated health profession shall
be reviewed by the general assembly to determine that all of
the following conditions are met:
a. There is credible evidence that the unregulated practice
of the unregulated health profession will clearly harm or
endanger the public health or safety and the potential for harm
is easily recognizable and not remote.
b. The public needs and can reasonably be expected
to benefit from an assurance of initial and continuing
professional ability.
c. The public cannot be effectively protected by other means
in a more cost-efficient manner.
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2. Prior to considering proposed legislation to regulate an
unregulated health profession for passage to the floor of the
senate or the house of representatives, a legislative committee
to which proposed legislation to regulate an unregulated
health profession has been referred shall consider whether the
conditions in subsection 1 have been met. If the committee
finds that the conditions in subsection 1 have been met, the
committee shall consider whether the legislation is the least
restrictive method of regulation, as defined in section 4B.1,
to address the specific harm or danger identified in this
subsection.
3. The legislative committee shall submit its findings
regarding whether the proposed legislation meets the conditions
in subsections 1 and 2 to the president of the senate or the
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.
4. This section does not allow a person to practice an
unregulated health profession if the profession includes
practices within the scope of practice of an existing regulated
health profession.
Sec. 3. NEW SECTION . 272C.18 Proposed regulation of
unregulated health professions —— written reports.
1. A member of the general assembly introducing proposed
legislation to regulate an unregulated health profession
shall submit with the legislation a report, prepared by the
legislative services agency, addressing the requirements
contained in subsection 2. The report shall be submitted to
the president of the senate or the speaker of the house of
representatives prior to full consideration of the legislation
by the senate or the house of representatives and made
available on the internet site of the general assembly.
2. The report shall address all of the following and
identify the source of all information contained in the report:
a. Why regulation is necessary including all of the
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following:
(1) The nature of the proven harm to the public if the
unregulated health profession is not regulated and the extent
to which there is a threat to the public health or safety.
(2) The extent of autonomy a practitioner has, as indicated
by the extent to which the profession calls for the exercise
of independent judgment and the extent to which a practitioner
is supervised.
b. The efforts made to address the problem addressed by the
legislation including all of the following:
(1) Voluntary efforts, if any, undertaken by members of the
profession.
(2) Recourse to, and the extent of use of, applicable law
and whether the law could be amended to control the problem.
c. The alternatives considered including all of the
following:
(1) Regulation of business employers or practitioners
rather than employee practitioners.
(2) Regulation of the program or service rather than
individual practitioners.
(3) Registration of all practitioners.
(4) Certification of all practitioners.
(5) Other viable alternatives.
(6) If licensing is sought, why licensing would serve to
protect the public health or safety.
d. The benefit to the public health or safety if regulation
is granted including all of the following:
(1) The extent to which the incidence of specific problems
present in the unregulated health profession can reasonably be
expected to be reduced by regulation.
(2) Whether the public can identify qualified
practitioners.
(3) The extent to which qualified practitioners are
competent including all of the following:
(a) The composition, powers, duties, and practices of the
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proposed regulatory entity.
(b) Whether current practitioners of an unregulated health
profession will be allowed to continue to practice and whether
they will be required to meet the qualifications for the
regulated health profession.
(c) The nature of the standards proposed for registration,
certification, or licensure as compared with the standards in
other jurisdictions.
(d) Whether the proposed regulatory entity would be
authorized to enter into reciprocity agreements with other
jurisdictions.
(e) The nature and duration of any training and experience
required, whether applicants will be required to pass an
examination, and whether there will be alternative methods to
enter the health profession.
(4) Assurances to the public that practitioners have
maintained their competence including all of the following:
(a) Whether a registration, certificate, or license will
include an expiration date.
(b) Whether the renewal of a registration, certificate,
or license will be based only on payment of a fee or whether
renewal will involve reexamination, peer review, or other
enforcement.
e. The extent to which regulation might harm the public
including all of the following:
(1) The extent to which regulation will restrict entry into
the profession, including whether the proposed standards are
more restrictive than necessary to ensure a practitioner’s safe
and effective performance in the practice of the profession.
(2) Whether there are professions similar to the
unregulated health profession that should be included in, or
portions of the unregulated health profession that should be
excluded from, the proposed legislation.
f. The maintenance of professional standards including all
of the following:
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(1) Whether effective quality assurance standards exist
in the profession such as legal requirements associated with
specific programs that define or enforce standards or a code
of ethics.
(2) How the proposed legislation will ensure quality,
including whether a code of ethics will be adopted and the
grounds for suspension or revocation of a registration,
certificate, or license.
g. A description of the group proposed for regulation,
including a list of associations, organizations, and other
professional groups representing practitioners in this state,
an estimate of the number of practitioners in each professional
group, and whether the professional groups represent different
levels of practice.
h. The expected costs of regulation, including the impact of
costs on the public and costs imposed on this state.
Sec. 4. NEW SECTION . 272C.19 Proposed increased regulation
of regulated health professions —— written reports.
1. A member of the general assembly introducing proposed
legislation to expand the scope of practice of a regulated
health profession shall submit with the legislation a report,
prepared by the legislative services agency, addressing the
requirements contained in subsection 2. The report shall be
submitted to the president of the senate or the speaker of the
house of representatives prior to full consideration of the
legislation by the senate or the house of representatives and
made available on the internet site of the general assembly.
2. The report shall address all of the following and
identify the source of all information contained in the report:
a. Why an expanded scope of practice for the regulated
health profession is beneficial, including the extent to which
health care consumers need and will benefit from safe, quality
health care from practitioners within the expanded scope of
practice.
b. Whether expanding the scope of practice of practitioners
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in the regulated health profession will require practitioners
to have didactic and clinical education from accredited
professional schools or training from recognized programs that
prepare them to perform within the proposed expanded scope of
practice, and specific educational or training requirements for
that proposed expanded scope of practice.
c. Whether the subject matter of the proposed expanded scope
of practice is currently tested by nationally recognized and
accepted examinations for applicants for professional licensure
and the details of the examination relating to the expanded
scope of practice.
d. The extent to which implementing the proposed expanded
scope of practice may result in savings or a cost to this state
and to the public.
e. The relevant regulated health profession licensure laws,
if any, in this state and other states.
f. Recommendations, if any, the applicable regulatory entity
or entities, the department of public health, and accredited
educational or training programs.
3. a. Prior to considering proposed legislation to
expand the scope of practice of a regulated health profession
for passage to the floor of the senate or the house of
representatives, a legislative committee to which proposed
legislation has been referred shall consider all of the
following:
(1) Whether the expansion of a regulated health
profession’s scope of practice is only for the purpose of
protecting the public from a specific harm or danger.
(2) Whether the addition of adequately trained
practitioners providing an expanded range of health care
services will have a beneficial effect on the public and
increase access to safe, quality health care.
(3) Whether any changes in the entity regulating the
regulated health profession are necessary to protect the public
health or safety.
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b. The legislative committee shall not consider competition
with or from other regulated health professions or whether a
practitioner will be able to obtain health insurance coverage
for the proposed expanded scope of practice.
Sec. 5. NEW SECTION . 272C.20 Continuing education
requirements —— evidence of efficacy.
A member of the general assembly introducing proposed
legislation to impose or increase a continuing education
requirement on a regulated health profession shall submit with
the legislation evidence that such a requirement has proven
effective for the health profession. The evidence shall be
submitted to the president of the senate or the speaker of the
house of representatives prior to full consideration of the
legislation by the senate or the house of representatives and
made available on the internet site of the general assembly.
Sec. 6. NEW SECTION . 272C.21 Regulation of unregulated
nonhealth professions.
1. An unregulated nonhealth profession shall not be
regulated except for the exclusive purpose of protecting the
public health or safety. All proposed legislation to regulate
an unregulated nonhealth profession shall be reviewed by the
legislative committee to which the proposed legislation is
referred to ensure that all of the following requirements are
met:
a. The unregulated practice of the nonhealth profession can
clearly harm the public health or safety.
b. The actual or anticipated public benefit of the
regulation clearly exceeds the costs imposed by the regulation
on consumers, businesses, and individuals.
c. The public needs and can reasonably be expected
to benefit from an assurance of initial and continuing
professional ability.
d. The public cannot be effectively protected by private
certification or other alternatives.
2. If a legislative committee finds that the proposed
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legislation satisfies the conditions in subsection 1, the
committee shall examine data from multiple sources and shall
consider evidence of actual harm to the public related to
the unregulated nonhealth profession being considered for
regulation. The evidence may include industry association
data; federal, state, and local government data; business
reports; complaints to law enforcement, relevant state
agencies, and the better business bureau; and data from
agencies in other states with and without similar systems of
regulation.
3. If, after consideration of evidence pursuant to
subsection 2, the legislative committee finds that it is
necessary to regulate an unregulated nonhealth profession, the
committee shall review the proposed legislation to determine
whether it is the least restrictive regulation, as defined in
section 4B.1, necessary and whether the regulation protects a
discrete interest group from economic competition.
4. The legislative committee shall submit its findings
regarding whether the proposed legislation meets the
requirements of subsections 1, 2, and 3 to the president of
the senate or the 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.
5. This section does not allow a person to practice an
unregulated nonhealth profession if the profession includes
practices within the scope of practice of an existing regulated
nonhealth profession.
Sec. 7. NEW SECTION . 272C.22 Proposed regulation of
unregulated nonhealth professions —— written reports.
1. A member of the general assembly introducing legislation
to regulate an unregulated nonhealth profession shall submit
with the legislation a report, prepared by the legislative
services agency, addressing the requirements contained in
subsection 2. The report shall be submitted to the president
of the senate or the speaker of the house of representatives
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prior to full consideration of the legislation by the senate or
the house of representatives and made available on the internet
site of the general assembly.
2. The report shall address all of the following and
identify the source of all information contained in the report:
a. Why regulation is necessary including what particular
problem regulation would address.
b. The efforts made to address the problem.
c. The alternatives considered.
d. The benefit to the public health or safety of regulating
the profession.
e. The extent to which regulation might harm the public.
f. The maintenance of professional standards including all
of the following:
(1) Whether effective quality assurance standards exist
in the profession such as legal requirements associated with
specific programs that define or enforce standards or a code
of ethics.
(2) How the proposed legislation will assure quality
including the extent to which a code of ethics will be
adopted and the grounds for the suspension or revocation of a
registration, certificate, or license.
g. A description of the profession proposed for regulation,
including a list of associations, organizations, and other
professional groups representing practitioners in this state,
an estimate of the number of practitioners in each profession,
and whether the professional groups represent different levels
of practice.
h. The expected costs of regulation, including the impact of
costs on the public and costs imposed on this state.
Sec. 8. REPEAL. Section 3.20, Code 2021, is repealed.
DIVISION II
BOARD REVIEWS
Sec. 9. Section 2.69, subsection 1, Code 2021, is amended
to read as follows:
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1. A state government efficiency review committee is
established which shall meet at least every two years to review
the operations of state government monthly, as necessary,
to efficiently review all boards according to the schedule
established by the legislative services agency pursuant to
section 4A.5 . The committee shall meet as directed by the
legislative council.
Sec. 10. Section 2.69, subsection 2, paragraph a, Code 2021,
is amended to read as follows:
a. The committee shall 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 speaker of the house of representatives, and two members
of the house of representatives appointed by the minority
leader of the house of representatives , and one ex officio,
nonvoting member appointed by the governor .
Sec. 11. Section 2.69, subsections 4, 5, and 6, Code 2021,
are amended by striking the subsections.
Sec. 12. NEW SECTION . 4A.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Board” means any board, council, commission, committee,
panel, review team, or foundation of this state, except that
“board” does not include a pension board or the Iowa ethics and
campaign disclosure board created in section 68B.32.
2. “Board review criteria” means the criteria required to be
considered under section 4A.3.
3. “Committee” means the state government efficiency review
committee created pursuant to section 2.69.
Sec. 13. NEW SECTION . 4A.2 Committee —— review of boards.
1. The committee shall carry out the functions provided in
this chapter.
2. Administrative assistance shall be provided by the
legislative services agency and by staff of each caucus of the
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general assembly.
Sec. 14. NEW SECTION . 4A.3 Board reviews.
1. The committee shall review the usefulness, performance,
and efficacy of each board as provided in subsection 2. The
committee shall hold hearings to receive the testimony of the
public and of the chief executive officer of the board. After
completing a review, the committee shall prepare and publish
a report of its findings and recommendations as provided in
section 4A.4.
2. The legislative services agency shall establish a
schedule for the committee to review each board such that the
committee reviews approximately one-fifth of all boards each
calendar year and each board has been reviewed once between
the calendar years 2022 and 2027, and once every five years
thereafter. The committee may modify the schedule as necessary
to facilitate the efficient administration of the committee.
3. A board that is scheduled for review shall submit a
report to the committee thirty days prior to the date that it
is scheduled for review that includes all of the following
information:
a. The board’s primary purpose and its goals and objectives.
b. The board’s past and anticipated workload, the number of
staff required to complete that workload, and the board’s total
number of staff.
c. The board’s past and anticipated budgets and its sources
of funding.
d. The number of members that compose the governing board or
other governing entity of the board and member compensation,
if any.
4. A board subject to review shall bear the burden of
demonstrating to the committee a public need for its continued
existence. In determining whether a board has met that
burden, the committee shall consider all of the following, as
applicable:
a. Whether continuation of the board is necessary to protect
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the health or safety of the public, and if so, whether the
board’s authority is narrowly tailored to protect against
present, recognizable, and significant harms to the health or
safety of the public.
b. Whether the public could be protected or served in an
alternate or less restrictive manner.
c. Whether the board serves a specific private interest.
d. Whether rules adopted by the board are consistent with
the legislative mandate of the board as expressed in the
statutes that created and empowered the board.
e. The extent to which the board’s jurisdiction and programs
overlap or duplicate those of other boards, the extent to which
the board coordinates with those other boards, and the extent
to which the board’s programs could be consolidated with the
programs of other state departments or boards.
f. The number of other states that regulate the occupation,
whether a license is required to engage in the occupation in
other states, whether the initial licensing and license renewal
requirements for the occupation are substantially equivalent
in every state, and the amount of regulation exercised by the
board compared to the regulation, if any, in other states.
g. Whether the board recognizes national uniform licensure
requirements for the occupation.
h. Whether private contractors could be used, in an
effective and efficient manner, either to assist the board in
the performance of its duties or to perform the board’s duties
in place of the board.
i. Whether the operation of the board has inhibited economic
growth, reduced efficiency, or increased government costs.
j. An assessment of the authority of the board regarding
fees, inspections, enforcement, and penalties.
k. The extent to which the board has permitted qualified
applicants to serve the public.
l. The extent to which the board has allowed individuals to
practice elements of the occupation without a license.
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m. The cost-effectiveness of the board in terms of the
number of employees, services rendered, and administrative
costs incurred, both past and present.
n. Whether the board’s operation has been impeded or
enhanced by existing statutes and procedures and by budgetary,
resource, and personnel practices.
o. Whether the board has recommended statutory changes to
the general assembly that would benefit the public rather than
the individuals regulated by the board, if any, and whether the
board’s recommendations and other policies have been adopted
and implemented.
p. Whether the board has required any individuals subject to
the board’s regulations to report to the board the impact of
board rules and decisions on the public as they affect service
costs and service delivery.
q. Whether individuals regulated by the board, if any, have
been required to assess problems in their business operations
that affect the public.
r. Whether the board has encouraged public participation in
its rulemaking and decision making.
s. The efficiency with which formal public complaints filed
with the board have been processed to completion.
t. Whether the purpose for which the board was created has
been fulfilled, has changed, or no longer exists.
u. Whether federal law requires that the board exist in some
form.
v. An assessment of the administrative hearing process of
the board if the board has an administrative hearing process,
and whether the hearing process is consistent with due process
rights.
w. Whether the requirement for an occupational license
is consistent with the principles expressed in section 4B.2,
serves the public health or safety, and provides the least
restrictive form of regulation that adequately protects the
public health or safety.
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x. The extent to which licensing ensures that practitioners
have occupational skill sets or competencies that are
substantially related to protecting consumers from present,
significant, and substantiated harms that threaten the public
health or safety, and the impact that those criteria have on
applicants for a license, particularly those with moderate or
low incomes, seeking to enter the occupation or profession.
y. The extent to which the requirement for the occupational
license stimulates or restricts competition, affects consumer
choice, and affects the cost of services.
z. An assessment of whether changes are needed in the
enabling laws of the board in order for the board to comply
with the criteria listed in this subsection.
Sec. 15. NEW SECTION . 4A.4 Reports of the committee.
1. After completing a review of a board pursuant to section
4A.3, the committee shall prepare and submit a report of its
findings and recommendations by December 21 of each year.
A report may include findings and recommendations for more
than one board. Copies of the report shall be submitted
to the president of the senate, the speaker of the house
of representatives, the governor, and each affected board,
and shall be made publicly available on the internet site
of the general assembly. The committee shall present its
recommendations to the general assembly in the form of a bill.
2. Recommendations of the committee shall indicate how or
whether implementation of the recommendations would do each of
the following:
a. Improve efficiency in the management of state government.
b. Improve services rendered to citizens of the state.
c. Simplify and improve preparation of the state budget.
d. Conserve the natural resources of the state.
e. Promote the orderly growth of the state and its
government.
f. Promote occupational regulations to increase economic
opportunities, encourage competition, and encourage innovation.
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g. Provide for the least restrictive regulations by
repealing current regulations and replacing them with less
restrictive regulations that are consistent with the principles
expressed in section 4B.2.
h. Improve the effectiveness of the services performed by
the boards of the state.
i. Avoid duplication of effort by state agencies or boards.
j. Improve the organization and coordination of the state
government.
Sec. 16. NEW SECTION . 4A.5 Activities of the general
assembly not restricted.
This chapter shall not be construed to restrict the general
assembly from considering any legislation concerning a board
subject to this chapter.
Sec. 17. NEW SECTION . 4A.6 Boards and governmental entities
—— dissolution.
1. An Act of the general assembly establishing a board after
the effective date of this Act shall include a dissolution date
for the board not more than five years after the establishment
of the board.
2. An executive order of the governor establishing a
governmental entity including but not limited to a board shall
provide for the dissolution of the entity within one year of
the establishment of the entity or upon the submission of a
report required by the executive order, whichever is later.
Sec. 18. NEW SECTION . 4B.1 Definitions.
For the purposes of this chapter:
1. “Certification” means a voluntary program in which
a private organization or the state grants nontransferable
recognition to an individual who meets personal qualifications
established by the private organization or state law.
2. “Lawful occupation” means a course of conduct, pursuit,
or profession that includes the sale of goods or services that
are not themselves illegal to sell irrespective of whether
the individual selling the goods or services is subject to an
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occupational regulation.
3. “Least restrictive regulation” means the public policy of
relying on one of the following, listed from the least to the
most restrictive, as a means of consumer protection:
a. Market competition.
b. Third-party or consumer-created ratings and reviews.
c. Private certifications.
d. Actions under section 714H.5.
e. Actions under section 714.16.
f. Regulation of the process of providing the specific goods
or services to consumers.
g. Inspections.
h. Bonding or insurance.
i. Registrations.
j. Government certifications.
k. Occupational licenses, including specialty occupational
licenses for medical reimbursement.
4. “Occupational license” means a government permission slip
to work that is a nontransferable authorization in law that an
individual must possess in order to perform a lawful occupation
for compensation based on meeting personal qualifications
established by statute or by a rule authorized by statute.
“Occupational license” does not include a commercial or other
driver’s license.
5. “Occupational licensing board” means any board,
commission, committee, or council, or any other similar state
public body, and any agency, division, or office of state
government, that issues an occupational license.
6. “Occupational regulation” means a statute, policy, rule,
practice, or other state law requiring an individual to possess
certain personal qualifications to use an occupational title or
work in a lawful occupation. “Occupational regulation” includes
a registration, certification, and occupational license.
“Occupational regulation” excludes a business license, facility
license, building permit, or zoning and land use regulation,
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except to the extent those laws regulate an individual’s
personal qualifications to perform a lawful occupation, and
excludes a commercial or other driver’s license.
7. “Personal qualifications” means criteria related to an
individual’s personal background and characteristics including
completion of an approved educational program, satisfactory
performance on an examination, work experience, other evidence
of attainment of requisite skills or knowledge, moral standing,
criminal history, and completion of continuing education.
8. “Registration” means a requirement to give notice to the
government that may include the individual’s name and address,
the individual’s agent for service of process, the location of
the activity to be performed, and a description of the service
the individual provides. “Registration” does not include
personal qualifications but may require a bond or insurance.
9. “Specialty occupational license for medical reimbursement”
is a nontransferable authorization in law for an individual
to qualify for payment or reimbursement from a government
agency for providing identified medical services based on
meeting personal qualifications established in law which may be
recognized by a private company.
Sec. 19. NEW SECTION . 4B.2 Occupational regulation
principles.
With respect to the occupational regulation of individuals,
all of the following shall be policies of this state:
1. Occupational regulations shall be construed and applied
to increase economic opportunities, promote competition, and
encourage innovation.
2. If the state finds it is necessary to displace
competition, the state shall use the least restrictive
regulation to protect consumers from present, significant, and
substantiated harms that threaten public health or safety. The
policy of employing the least restrictive regulation shall
presume that market competition and private remedies are
sufficient to protect consumers. If necessary, regulations
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shall be tailored to meet the predominate identified need to
protect consumers as follows:
a. If a regulation is intended to protect consumers against
fraud, the appropriate state action shall be to strengthen
powers under deceptive trade practices acts.
b. If a regulation is intended to protect consumers against
unsanitary facilities and general health or safety concerns,
the appropriate state action shall be to require periodic
inspections.
c. If a regulation is intended to protect a consumer against
potential damages to a third party who is not a party to a
contract between the seller and buyer, and other types of
externalities, the appropriate state action shall be to require
bonding or insurance.
d. If a regulation is intended to protect a consumer against
potential damages by transient providers, the appropriate state
action shall be to require registration with the secretary of
state.
e. If a regulation is intended to protect a consumer
against asymmetrical information between the seller and buyer,
the appropriate state action shall be to offer voluntary
certification, unless appropriate, privately offered voluntary
certification for the relevant occupation is available.
f. If a regulation is intended to facilitate governmental
reimbursement for providing medical services for an emerging
medical specialty, the appropriate state action shall be
to require a specialty occupational license for medical
reimbursement. A person shall not be required to hold a
specialty occupational license for medical reimbursement in
order to lawfully provide a medical service for an emerging
medical specialty; however, a person providing a medical
service for an emerging medical specialty without a specialty
occupational license for medical reimbursement shall not
receive governmental reimbursement for providing that service.
A specialty occupational license for medical reimbursement
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shall not restrict governmental reimbursement for services
similar to the regulated service that may be provided by other
regulated persons.
g. If a regulation is required to perform services
regulated by both federal laws and the laws of this state,
the appropriate state action shall be to require the state
to recognize an individual’s occupational license from
another state or territory of the United States to allow that
individual to practice in this state.
3. An occupational regulation may be enforced against an
individual only to the extent the individual sells goods and
services that are included explicitly in the statute that
defines the occupation’s scope of practice.
4. This chapter shall not restrict an occupational
licensing board from requiring, as a condition of licensure
or renewal of licensure, that an individual’s personal
qualifications include obtaining or maintaining certification
from a private organization that credentials individuals in the
relevant occupation.
Sec. 20. NEW SECTION . 4B.3 Local licensing —— preemption.
1. This chapter preempts any ordinance or other local law
or regulation which conflicts with or is inconsistent with any
policy of the state expressed in this chapter by any political
subdivision that regulates an occupation or profession that is
not regulated by the state.
2. This chapter does not apply to the regulation of a place
of business by an ordinance, permit, or license.
DIVISION III
ACCOUNTABLE GOVERNMENT ACT REPORTS
Sec. 21. Section 8E.210, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 1A. In addition to the requirements
of subsection 1, an agency’s annual performance report
shall include a description of how the agency improved
efficiency, modernized processes, eliminated duplication and
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outdated processes, reduced costs, increased accountability,
expanded the use of technology, and incorporated productivity
improvement measures. The section of the annual performance
report addressing the factors listed in this subsection shall
be submitted to the state government committee of each chamber
of the general assembly and made publicly available on the
internet site of the general assembly.
DIVISION IV
PROFESSIONAL LICENSING BOARD EXAMINATIONS
Sec. 22. Section 272C.12, subsection 3, paragraph c, Code
2021, is amended to read as follows:
c. The ability of a licensing board, agency, or department
to require a person to take and pass an examination specific to
the laws of this state prior to issuing a license. A licensing
board, agency, or department that requires an applicant to take
and pass an examination specific to the laws of this state
shall issue an applicant a temporary license that is valid
for a period of three months and may be renewed once for an
additional period of three months , except that a licensing
board, agency, or department shall not issue a temporary
license if the applicant can take the examination within thirty
days of submitting an application .
DIVISION V
EFFECTIVE DATE
Sec. 23. EFFECTIVE DATE. This Act, being deemed of
immediate importance, takes effect upon enactment.
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