HOUSE FILE 90

BY  MURPHY

A BILL FOR

An Act requiring a scope of practice impact statement for administrative rules adopted by certain health-related licensing boards.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  147.171  Scope of practice impact statement and regulatory analysis.
   1.
  a.  A board enumerated in section 147.13 shall publish in the Iowa administrative bulletin a scope of practice impact statement of an administrative rule within seventy days after the effective date of the administrative rule, if a written request for the analysis is submitted to the board by the administrative rules review committee or the administrative rules coordinator. 
   b.  The statement shall evaluate the impact of a rule upon the duties and functions of a licensed health profession directly impacted by the rule and the duties and functions of health professionals whose jobs are indirectly impacted by the rule. The statement shall evaluate the overall effect of the rule on patient safety, health outcomes, liability issues for impacted licensed professionals and licensed facilities, working conditions, and the feasibility of licensees completing their duties in an appropriate manner based upon licensure specifications.
   c.  The statement shall be published within seventy days of the request. 
   2.  Prior to the adoption of an administrative rule, a board shall issue a regulatory analysis that complies with the requirements of this subsection, if the rule would have a substantial impact on licensed health professionals and if, within thirty-two days after the published notice of the proposed rule’s adoption, a written request for analysis is submitted to the board by the administrative rules review committee, the administrative rules coordinator, at least twenty-five persons signing that request who each are licensees of the profession or by an organization representing at least twenty-five such persons. If a rule has been adopted without prior notice and an opportunity for public participation in reliance upon section 17A.4, subsection 3, the written request for a regulatory analysis that complies with this subsection may be made within seventy days of publication of the rule.
   a.  Except to the extent that a written request for a regulatory analysis expressly waives one or more of the following, the regulatory analysis must contain all of the following:
   (1)  A description of the classes of persons who probably will be affected by the proposed rule, including classes that may suffer from the proposed rule and classes that will benefit from the proposed rule.
   (2)  A description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons, including a description of the nature and amount of all of the different kinds of costs that would be incurred in complying with the proposed rule.
   (3)  The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues.
   (4)  A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction.
   (5)  A determination of whether less intrusive methods exist for achieving the purpose of the proposed rule.
   (6)  A description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule.
   b.  Each regulatory analysis must include quantifications of the data to the extent practicable and must take account of both short-term and long-term consequences.
   3.  Upon receipt of a timely request for a regulatory analysis, the board shall extend the period specified in this chapter for each of the following until at least twenty days after publication in the administrative bulletin of a concise summary of the regulatory analysis:
   a.  The end of the period during which persons may make written submissions on the proposed rule.
   b.  The end of the period during which an oral proceeding may be requested.
   c.  The date of any required oral proceeding on the proposed rule.
   4.  In the case of a rule adopted without prior notice and an opportunity for public participation in reliance upon section 17A.4, subsection 3, the summary must be published within seventy days of the request.
   5.  The published summary of the regulatory analysis must also indicate where persons may obtain copies of the full text of the analysis and where, when, and how persons may present their views on the proposed rule and demand an oral proceeding thereon if one is not already provided. Agencies shall make available to the public, to the maximum extent feasible, the published summary and the full text of the analysis described in this subsection in an electronic format, including but not limited to access to the documents through the internet.
   6.  If the agency has made a good faith effort to comply with the requirements of subsections 1 through 3, the rule may not be invalidated on the ground that the contents of the analysis are insufficient or inaccurate.
EXPLANATION
   This bill creates two distinct analysis requirements for administrative rules adopted by health-related licensing boards.
   The scope of practice impact statement requires that a health-related licensing board analyze the impact of a rule upon the duties and functions of a licensed health profession directly impacted by the rule and the duties and functions of health professionals whose jobs are indirectly impacted by a proposed rule. The statement may be requested by the administrative rules review committee or the governor’s administrative rules coordinator.
   The second analysis requires a cost-benefit analysis on specific subjects relating to regulation. A proposed rule cannot be adopted until the analysis is complete; if the rule has been filed “emergency”, the analysis must be prepared within 70 days of the request. The regulatory analysis must include quantifications of the data to the extent practicable and must take account of both short-term and long-term consequences. The request for this analysis may be made by the administrative rules review committee, the administrative rules coordinator, at least 25 persons signing that request who each are licensees of the profession or by an organization representing at least 25 such persons.