H.F. 90 Section 1. NEW SECTION . 147.171 Scope of practice impact 1 statement and regulatory analysis. 2 1. a. A board enumerated in section 147.13 shall publish 3 in the Iowa administrative bulletin a scope of practice impact 4 statement of an administrative rule within seventy days after 5 the effective date of the administrative rule, if a written 6 request for the analysis is submitted to the board by the 7 administrative rules review committee or the administrative 8 rules coordinator. 9 b. The statement shall evaluate the impact of a rule upon 10 the duties and functions of a licensed health profession 11 directly impacted by the rule and the duties and functions of 12 health professionals whose jobs are indirectly impacted by 13 the rule. The statement shall evaluate the overall effect of 14 the rule on patient safety, health outcomes, liability issues 15 for impacted licensed professionals and licensed facilities, 16 working conditions, and the feasibility of licensees completing 17 their duties in an appropriate manner based upon licensure 18 specifications. 19 c. The statement shall be published within seventy days of 20 the request. 21 2. Prior to the adoption of an administrative rule, a 22 board shall issue a regulatory analysis that complies with 23 the requirements of this subsection, if the rule would have 24 a substantial impact on licensed health professionals and 25 if, within thirty-two days after the published notice of the 26 proposed rule’s adoption, a written request for analysis is 27 submitted to the board by the administrative rules review 28 committee, the administrative rules coordinator, at least 29 twenty-five persons signing that request who each are licensees 30 of the profession or by an organization representing at least 31 twenty-five such persons. If a rule has been adopted without 32 prior notice and an opportunity for public participation in 33 reliance upon section 17A.4, subsection 3, the written request 34 for a regulatory analysis that complies with this subsection 35 -1- LSB 1612HH (3) 84 jr/rj 1/ 4

H.F. 90 may be made within seventy days of publication of the rule. 1 a. Except to the extent that a written request for a 2 regulatory analysis expressly waives one or more of the 3 following, the regulatory analysis must contain all of the 4 following: 5 (1) A description of the classes of persons who probably 6 will be affected by the proposed rule, including classes that 7 may suffer from the proposed rule and classes that will benefit 8 from the proposed rule. 9 (2) A description of the probable quantitative and 10 qualitative impact of the proposed rule, economic or otherwise, 11 upon affected classes of persons, including a description of 12 the nature and amount of all of the different kinds of costs 13 that would be incurred in complying with the proposed rule. 14 (3) The probable costs to the agency and to any other agency 15 of the implementation and enforcement of the proposed rule and 16 any anticipated effect on state revenues. 17 (4) A comparison of the probable costs and benefits of the 18 proposed rule to the probable costs and benefits of inaction. 19 (5) A determination of whether less intrusive methods exist 20 for achieving the purpose of the proposed rule. 21 (6) A description of any alternative methods for achieving 22 the purpose of the proposed rule that were seriously considered 23 by the agency and the reasons why they were rejected in favor 24 of the proposed rule. 25 b. Each regulatory analysis must include quantifications 26 of the data to the extent practicable and must take account of 27 both short-term and long-term consequences. 28 3. Upon receipt of a timely request for a regulatory 29 analysis, the board shall extend the period specified in this 30 chapter for each of the following until at least twenty days 31 after publication in the administrative bulletin of a concise 32 summary of the regulatory analysis: 33 a. The end of the period during which persons may make 34 written submissions on the proposed rule. 35 -2- LSB 1612HH (3) 84 jr/rj 2/ 4

H.F. 90 b. The end of the period during which an oral proceeding may 1 be requested. 2 c. The date of any required oral proceeding on the proposed 3 rule. 4 4. In the case of a rule adopted without prior notice and an 5 opportunity for public participation in reliance upon section 6 17A.4, subsection 3, the summary must be published within 7 seventy days of the request. 8 5. The published summary of the regulatory analysis must 9 also indicate where persons may obtain copies of the full text 10 of the analysis and where, when, and how persons may present 11 their views on the proposed rule and demand an oral proceeding 12 thereon if one is not already provided. Agencies shall make 13 available to the public, to the maximum extent feasible, the 14 published summary and the full text of the analysis described 15 in this subsection in an electronic format, including but not 16 limited to access to the documents through the internet. 17 6. If the agency has made a good faith effort to comply with 18 the requirements of subsections 1 through 3, the rule may not 19 be invalidated on the ground that the contents of the analysis 20 are insufficient or inaccurate. 21 EXPLANATION 22 This bill creates two distinct analysis requirements for 23 administrative rules adopted by health-related licensing 24 boards. 25 The scope of practice impact statement requires that a 26 health-related licensing board analyze the impact of a rule 27 upon the duties and functions of a licensed health profession 28 directly impacted by the rule and the duties and functions 29 of health professionals whose jobs are indirectly impacted 30 by a proposed rule. The statement may be requested by the 31 administrative rules review committee or the governor’s 32 administrative rules coordinator. 33 The second analysis requires a cost-benefit analysis on 34 specific subjects relating to regulation. A proposed rule 35 -3- LSB 1612HH (3) 84 jr/rj 3/ 4

H.F. 90 cannot be adopted until the analysis is complete; if the rule 1 has been filed “emergency”, the analysis must be prepared 2 within 70 days of the request. The regulatory analysis must 3 include quantifications of the data to the extent practicable 4 and must take account of both short-term and long-term 5 consequences. The request for this analysis may be made by 6 the administrative rules review committee, the administrative 7 rules coordinator, at least 25 persons signing that request 8 who each are licensees of the profession or by an organization 9 representing at least 25 such persons. 10 -4- LSB 1612HH (3) 84 jr/rj 4/ 4