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,
1
including
the
review
of
state
boards
and
the
regulation
of
2
professions
and
occupations,
and
including
effective
date
3
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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487
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487
DIVISION
I
1
REGULATION
OF
PROFESSIONS
2
Section
1.
NEW
SECTION
.
272C.16
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.17
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
22
of
protecting
the
public
health
or
safety.
All
proposed
23
legislation
to
regulate
an
unregulated
health
profession
shall
24
be
reviewed
by
the
general
assembly
to
determine
that
all
of
25
the
following
conditions
are
met:
26
a.
There
is
credible
evidence
that
the
unregulated
practice
27
of
the
unregulated
health
profession
will
clearly
harm
or
28
endanger
the
public
health
or
safety
and
the
potential
for
harm
29
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.
35
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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,
as
defined
in
section
4B.1,
9
to
address
the
specific
harm
or
danger
identified
in
this
10
subsection.
11
3.
The
legislative
committee
shall
submit
its
findings
12
regarding
whether
the
proposed
legislation
meets
the
conditions
13
in
subsections
1
and
2
to
the
president
of
the
senate
or
the
14
speaker
of
the
house
of
representatives,
who
shall
make
the
15
findings
available
to
each
member
of
the
general
assembly
on
16
the
internet
site
of
the
general
assembly.
17
4.
This
section
does
not
allow
a
person
to
practice
an
18
unregulated
health
profession
if
the
profession
includes
19
practices
within
the
scope
of
practice
of
an
existing
regulated
20
health
profession.
21
Sec.
3.
NEW
SECTION
.
272C.18
Proposed
regulation
of
22
unregulated
health
professions
——
written
reports.
23
1.
A
member
of
the
general
assembly
introducing
proposed
24
legislation
to
regulate
an
unregulated
health
profession
25
shall
submit
with
the
legislation
a
report,
prepared
by
the
26
legislative
services
agency,
addressing
the
requirements
27
contained
in
subsection
2.
The
report
shall
be
submitted
to
28
the
president
of
the
senate
or
the
speaker
of
the
house
of
29
representatives
prior
to
full
consideration
of
the
legislation
30
by
the
senate
or
the
house
of
representatives
and
made
31
available
on
the
internet
site
of
the
general
assembly.
32
2.
The
report
shall
address
all
of
the
following
and
33
identify
the
source
of
all
information
contained
in
the
report:
34
a.
Why
regulation
is
necessary
including
all
of
the
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following:
1
(1)
The
nature
of
the
proven
harm
to
the
public
if
the
2
unregulated
health
profession
is
not
regulated
and
the
extent
3
to
which
there
is
a
threat
to
the
public
health
or
safety.
4
(2)
The
extent
of
autonomy
a
practitioner
has,
as
indicated
5
by
the
extent
to
which
the
profession
calls
for
the
exercise
6
of
independent
judgment
and
the
extent
to
which
a
practitioner
7
is
supervised.
8
b.
The
efforts
made
to
address
the
problem
addressed
by
the
9
legislation
including
all
of
the
following:
10
(1)
Voluntary
efforts,
if
any,
undertaken
by
members
of
the
11
profession.
12
(2)
Recourse
to,
and
the
extent
of
use
of,
applicable
law
13
and
whether
the
law
could
be
amended
to
control
the
problem.
14
c.
The
alternatives
considered
including
all
of
the
15
following:
16
(1)
Regulation
of
business
employers
or
practitioners
17
rather
than
employee
practitioners.
18
(2)
Regulation
of
the
program
or
service
rather
than
19
individual
practitioners.
20
(3)
Registration
of
all
practitioners.
21
(4)
Certification
of
all
practitioners.
22
(5)
Other
viable
alternatives.
23
(6)
If
licensing
is
sought,
why
licensing
would
serve
to
24
protect
the
public
health
or
safety.
25
d.
The
benefit
to
the
public
health
or
safety
if
regulation
26
is
granted
including
all
of
the
following:
27
(1)
The
extent
to
which
the
incidence
of
specific
problems
28
present
in
the
unregulated
health
profession
can
reasonably
be
29
expected
to
be
reduced
by
regulation.
30
(2)
Whether
the
public
can
identify
qualified
31
practitioners.
32
(3)
The
extent
to
which
qualified
practitioners
are
33
competent
including
all
of
the
following:
34
(a)
The
composition,
powers,
duties,
and
practices
of
the
35
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proposed
regulatory
entity.
1
(b)
Whether
current
practitioners
of
an
unregulated
health
2
profession
will
be
allowed
to
continue
to
practice
and
whether
3
they
will
be
required
to
meet
the
qualifications
for
the
4
regulated
health
profession.
5
(c)
The
nature
of
the
standards
proposed
for
registration,
6
certification,
or
licensure
as
compared
with
the
standards
in
7
other
jurisdictions.
8
(d)
Whether
the
proposed
regulatory
entity
would
be
9
authorized
to
enter
into
reciprocity
agreements
with
other
10
jurisdictions.
11
(e)
The
nature
and
duration
of
any
training
and
experience
12
required,
whether
applicants
will
be
required
to
pass
an
13
examination,
and
whether
there
will
be
alternative
methods
to
14
enter
the
health
profession.
15
(4)
Assurances
to
the
public
that
practitioners
have
16
maintained
their
competence
including
all
of
the
following:
17
(a)
Whether
a
registration,
certificate,
or
license
will
18
include
an
expiration
date.
19
(b)
Whether
the
renewal
of
a
registration,
certificate,
20
or
license
will
be
based
only
on
payment
of
a
fee
or
whether
21
renewal
will
involve
reexamination,
peer
review,
or
other
22
enforcement.
23
e.
The
extent
to
which
regulation
might
harm
the
public
24
including
all
of
the
following:
25
(1)
The
extent
to
which
regulation
will
restrict
entry
into
26
the
profession,
including
whether
the
proposed
standards
are
27
more
restrictive
than
necessary
to
ensure
a
practitioner’s
safe
28
and
effective
performance
in
the
practice
of
the
profession.
29
(2)
Whether
there
are
professions
similar
to
the
30
unregulated
health
profession
that
should
be
included
in,
or
31
portions
of
the
unregulated
health
profession
that
should
be
32
excluded
from,
the
proposed
legislation.
33
f.
The
maintenance
of
professional
standards
including
all
34
of
the
following:
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(1)
Whether
effective
quality
assurance
standards
exist
1
in
the
profession
such
as
legal
requirements
associated
with
2
specific
programs
that
define
or
enforce
standards
or
a
code
3
of
ethics.
4
(2)
How
the
proposed
legislation
will
ensure
quality,
5
including
whether
a
code
of
ethics
will
be
adopted
and
the
6
grounds
for
suspension
or
revocation
of
a
registration,
7
certificate,
or
license.
8
g.
A
description
of
the
group
proposed
for
regulation,
9
including
a
list
of
associations,
organizations,
and
other
10
professional
groups
representing
practitioners
in
this
state,
11
an
estimate
of
the
number
of
practitioners
in
each
professional
12
group,
and
whether
the
professional
groups
represent
different
13
levels
of
practice.
14
h.
The
expected
costs
of
regulation,
including
the
impact
of
15
costs
on
the
public
and
costs
imposed
on
this
state.
16
Sec.
4.
NEW
SECTION
.
272C.19
Proposed
increased
regulation
17
of
regulated
health
professions
——
written
reports.
18
1.
A
member
of
the
general
assembly
introducing
proposed
19
legislation
to
expand
the
scope
of
practice
of
a
regulated
20
health
profession
shall
submit
with
the
legislation
a
report,
21
prepared
by
the
legislative
services
agency,
addressing
the
22
requirements
contained
in
subsection
2.
The
report
shall
be
23
submitted
to
the
president
of
the
senate
or
the
speaker
of
the
24
house
of
representatives
prior
to
full
consideration
of
the
25
legislation
by
the
senate
or
the
house
of
representatives
and
26
made
available
on
the
internet
site
of
the
general
assembly.
27
2.
The
report
shall
address
all
of
the
following
and
28
identify
the
source
of
all
information
contained
in
the
report:
29
a.
Why
an
expanded
scope
of
practice
for
the
regulated
30
health
profession
is
beneficial,
including
the
extent
to
which
31
health
care
consumers
need
and
will
benefit
from
safe,
quality
32
health
care
from
practitioners
within
the
expanded
scope
of
33
practice.
34
b.
Whether
expanding
the
scope
of
practice
of
practitioners
35
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in
the
regulated
health
profession
will
require
practitioners
1
to
have
didactic
and
clinical
education
from
accredited
2
professional
schools
or
training
from
recognized
programs
that
3
prepare
them
to
perform
within
the
proposed
expanded
scope
of
4
practice,
and
specific
educational
or
training
requirements
for
5
that
proposed
expanded
scope
of
practice.
6
c.
Whether
the
subject
matter
of
the
proposed
expanded
scope
7
of
practice
is
currently
tested
by
nationally
recognized
and
8
accepted
examinations
for
applicants
for
professional
licensure
9
and
the
details
of
the
examination
relating
to
the
expanded
10
scope
of
practice.
11
d.
The
extent
to
which
implementing
the
proposed
expanded
12
scope
of
practice
may
result
in
savings
or
a
cost
to
this
state
13
and
to
the
public.
14
e.
The
relevant
regulated
health
profession
licensure
laws,
15
if
any,
in
this
state
and
other
states.
16
f.
Recommendations,
if
any,
the
applicable
regulatory
entity
17
or
entities,
the
department
of
public
health,
and
accredited
18
educational
or
training
programs.
19
3.
a.
Prior
to
considering
proposed
legislation
to
20
expand
the
scope
of
practice
of
a
regulated
health
profession
21
for
passage
to
the
floor
of
the
senate
or
the
house
of
22
representatives,
a
legislative
committee
to
which
proposed
23
legislation
has
been
referred
shall
consider
all
of
the
24
following:
25
(1)
Whether
the
expansion
of
a
regulated
health
26
profession’s
scope
of
practice
is
only
for
the
purpose
of
27
protecting
the
public
from
a
specific
harm
or
danger.
28
(2)
Whether
the
addition
of
adequately
trained
29
practitioners
providing
an
expanded
range
of
health
care
30
services
will
have
a
beneficial
effect
on
the
public
and
31
increase
access
to
safe,
quality
health
care.
32
(3)
Whether
any
changes
in
the
entity
regulating
the
33
regulated
health
profession
are
necessary
to
protect
the
public
34
health
or
safety.
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b.
The
legislative
committee
shall
not
consider
competition
1
with
or
from
other
regulated
health
professions
or
whether
a
2
practitioner
will
be
able
to
obtain
health
insurance
coverage
3
for
the
proposed
expanded
scope
of
practice.
4
Sec.
5.
NEW
SECTION
.
272C.20
Continuing
education
5
requirements
——
evidence
of
efficacy.
6
A
member
of
the
general
assembly
introducing
proposed
7
legislation
to
impose
or
increase
a
continuing
education
8
requirement
on
a
regulated
health
profession
shall
submit
with
9
the
legislation
evidence
that
such
a
requirement
has
proven
10
effective
for
the
health
profession.
The
evidence
shall
be
11
submitted
to
the
president
of
the
senate
or
the
speaker
of
the
12
house
of
representatives
prior
to
full
consideration
of
the
13
legislation
by
the
senate
or
the
house
of
representatives
and
14
made
available
on
the
internet
site
of
the
general
assembly.
15
Sec.
6.
NEW
SECTION
.
272C.21
Regulation
of
unregulated
16
nonhealth
professions.
17
1.
An
unregulated
nonhealth
profession
shall
not
be
18
regulated
except
for
the
exclusive
purpose
of
protecting
the
19
public
health
or
safety.
All
proposed
legislation
to
regulate
20
an
unregulated
nonhealth
profession
shall
be
reviewed
by
the
21
legislative
committee
to
which
the
proposed
legislation
is
22
referred
to
ensure
that
all
of
the
following
requirements
are
23
met:
24
a.
The
unregulated
practice
of
the
nonhealth
profession
can
25
clearly
harm
the
public
health
or
safety.
26
b.
The
actual
or
anticipated
public
benefit
of
the
27
regulation
clearly
exceeds
the
costs
imposed
by
the
regulation
28
on
consumers,
businesses,
and
individuals.
29
c.
The
public
needs
and
can
reasonably
be
expected
30
to
benefit
from
an
assurance
of
initial
and
continuing
31
professional
ability.
32
d.
The
public
cannot
be
effectively
protected
by
private
33
certification
or
other
alternatives.
34
2.
If
a
legislative
committee
finds
that
the
proposed
35
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legislation
satisfies
the
conditions
in
subsection
1,
the
1
committee
shall
examine
data
from
multiple
sources
and
shall
2
consider
evidence
of
actual
harm
to
the
public
related
to
3
the
unregulated
nonhealth
profession
being
considered
for
4
regulation.
The
evidence
may
include
industry
association
5
data;
federal,
state,
and
local
government
data;
business
6
reports;
complaints
to
law
enforcement,
relevant
state
7
agencies,
and
the
better
business
bureau;
and
data
from
8
agencies
in
other
states
with
and
without
similar
systems
of
9
regulation.
10
3.
If,
after
consideration
of
evidence
pursuant
to
11
subsection
2,
the
legislative
committee
finds
that
it
is
12
necessary
to
regulate
an
unregulated
nonhealth
profession,
the
13
committee
shall
review
the
proposed
legislation
to
determine
14
whether
it
is
the
least
restrictive
regulation,
as
defined
in
15
section
4B.1,
necessary
and
whether
the
regulation
protects
a
16
discrete
interest
group
from
economic
competition.
17
4.
The
legislative
committee
shall
submit
its
findings
18
regarding
whether
the
proposed
legislation
meets
the
19
requirements
of
subsections
1,
2,
and
3
to
the
president
of
20
the
senate
or
the
speaker
of
the
house
of
representatives,
who
21
shall
make
the
findings
available
to
each
member
of
the
general
22
assembly
on
the
internet
site
of
the
general
assembly.
23
5.
This
section
does
not
allow
a
person
to
practice
an
24
unregulated
nonhealth
profession
if
the
profession
includes
25
practices
within
the
scope
of
practice
of
an
existing
regulated
26
nonhealth
profession.
27
Sec.
7.
NEW
SECTION
.
272C.22
Proposed
regulation
of
28
unregulated
nonhealth
professions
——
written
reports.
29
1.
A
member
of
the
general
assembly
introducing
legislation
30
to
regulate
an
unregulated
nonhealth
profession
shall
submit
31
with
the
legislation
a
report,
prepared
by
the
legislative
32
services
agency,
addressing
the
requirements
contained
in
33
subsection
2.
The
report
shall
be
submitted
to
the
president
34
of
the
senate
or
the
speaker
of
the
house
of
representatives
35
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prior
to
full
consideration
of
the
legislation
by
the
senate
or
1
the
house
of
representatives
and
made
available
on
the
internet
2
site
of
the
general
assembly.
3
2.
The
report
shall
address
all
of
the
following
and
4
identify
the
source
of
all
information
contained
in
the
report:
5
a.
Why
regulation
is
necessary
including
what
particular
6
problem
regulation
would
address.
7
b.
The
efforts
made
to
address
the
problem.
8
c.
The
alternatives
considered.
9
d.
The
benefit
to
the
public
health
or
safety
of
regulating
10
the
profession.
11
e.
The
extent
to
which
regulation
might
harm
the
public.
12
f.
The
maintenance
of
professional
standards
including
all
13
of
the
following:
14
(1)
Whether
effective
quality
assurance
standards
exist
15
in
the
profession
such
as
legal
requirements
associated
with
16
specific
programs
that
define
or
enforce
standards
or
a
code
17
of
ethics.
18
(2)
How
the
proposed
legislation
will
assure
quality
19
including
the
extent
to
which
a
code
of
ethics
will
be
20
adopted
and
the
grounds
for
the
suspension
or
revocation
of
a
21
registration,
certificate,
or
license.
22
g.
A
description
of
the
profession
proposed
for
regulation,
23
including
a
list
of
associations,
organizations,
and
other
24
professional
groups
representing
practitioners
in
this
state,
25
an
estimate
of
the
number
of
practitioners
in
each
profession,
26
and
whether
the
professional
groups
represent
different
levels
27
of
practice.
28
h.
The
expected
costs
of
regulation,
including
the
impact
of
29
costs
on
the
public
and
costs
imposed
on
this
state.
30
Sec.
8.
REPEAL.
Section
3.20,
Code
2021,
is
repealed.
31
DIVISION
II
32
BOARD
REVIEWS
33
Sec.
9.
Section
2.69,
subsection
1,
Code
2021,
is
amended
34
to
read
as
follows:
35
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1.
A
state
government
efficiency
review
committee
is
1
established
which
shall
meet
at
least
every
two
years
to
review
2
the
operations
of
state
government
monthly,
as
necessary,
3
to
efficiently
review
all
boards
according
to
the
schedule
4
established
by
the
legislative
services
agency
pursuant
to
5
section
4A.5
.
The
committee
shall
meet
as
directed
by
the
6
legislative
council.
7
Sec.
10.
Section
2.69,
subsection
2,
paragraph
a,
Code
2021,
8
is
amended
to
read
as
follows:
9
a.
The
committee
shall
consist
of
three
members
of
the
10
senate
appointed
by
the
majority
leader
of
the
senate,
two
11
members
of
the
senate
appointed
by
the
minority
leader
of
the
12
senate,
three
members
of
the
house
of
representatives
appointed
13
by
the
speaker
of
the
house
of
representatives,
and
two
members
14
of
the
house
of
representatives
appointed
by
the
minority
15
leader
of
the
house
of
representatives
,
and
one
ex
officio,
16
nonvoting
member
appointed
by
the
governor
.
17
Sec.
11.
Section
2.69,
subsections
4,
5,
and
6,
Code
2021,
18
are
amended
by
striking
the
subsections.
19
Sec.
12.
NEW
SECTION
.
4A.1
Definitions.
20
As
used
in
this
chapter,
unless
the
context
otherwise
21
requires:
22
1.
“Board”
means
any
board,
council,
commission,
committee,
23
panel,
review
team,
or
foundation
of
this
state,
except
that
24
“board”
does
not
include
a
pension
board
or
the
Iowa
ethics
and
25
campaign
disclosure
board
created
in
section
68B.32.
26
2.
“Board
review
criteria”
means
the
criteria
required
to
be
27
considered
under
section
4A.3.
28
3.
“Committee”
means
the
state
government
efficiency
review
29
committee
created
pursuant
to
section
2.69.
30
Sec.
13.
NEW
SECTION
.
4A.2
Committee
——
review
of
boards.
31
1.
The
committee
shall
carry
out
the
functions
provided
in
32
this
chapter.
33
2.
Administrative
assistance
shall
be
provided
by
the
34
legislative
services
agency
and
by
staff
of
each
caucus
of
the
35
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general
assembly.
1
Sec.
14.
NEW
SECTION
.
4A.3
Board
reviews.
2
1.
The
committee
shall
review
the
usefulness,
performance,
3
and
efficacy
of
each
board
as
provided
in
subsection
2.
The
4
committee
shall
hold
hearings
to
receive
the
testimony
of
the
5
public
and
of
the
chief
executive
officer
of
the
board.
After
6
completing
a
review,
the
committee
shall
prepare
and
publish
7
a
report
of
its
findings
and
recommendations
as
provided
in
8
section
4A.4.
9
2.
The
legislative
services
agency
shall
establish
a
10
schedule
for
the
committee
to
review
each
board
such
that
the
11
committee
reviews
approximately
one-fifth
of
all
boards
each
12
calendar
year
and
each
board
has
been
reviewed
once
between
13
the
calendar
years
2022
and
2027,
and
once
every
five
years
14
thereafter.
The
committee
may
modify
the
schedule
as
necessary
15
to
facilitate
the
efficient
administration
of
the
committee.
16
3.
A
board
that
is
scheduled
for
review
shall
submit
a
17
report
to
the
committee
thirty
days
prior
to
the
date
that
it
18
is
scheduled
for
review
that
includes
all
of
the
following
19
information:
20
a.
The
board’s
primary
purpose
and
its
goals
and
objectives.
21
b.
The
board’s
past
and
anticipated
workload,
the
number
of
22
staff
required
to
complete
that
workload,
and
the
board’s
total
23
number
of
staff.
24
c.
The
board’s
past
and
anticipated
budgets
and
its
sources
25
of
funding.
26
d.
The
number
of
members
that
compose
the
governing
board
or
27
other
governing
entity
of
the
board
and
member
compensation,
28
if
any.
29
4.
A
board
subject
to
review
shall
bear
the
burden
of
30
demonstrating
to
the
committee
a
public
need
for
its
continued
31
existence.
In
determining
whether
a
board
has
met
that
32
burden,
the
committee
shall
consider
all
of
the
following,
as
33
applicable:
34
a.
Whether
continuation
of
the
board
is
necessary
to
protect
35
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the
health
or
safety
of
the
public,
and
if
so,
whether
the
1
board’s
authority
is
narrowly
tailored
to
protect
against
2
present,
recognizable,
and
significant
harms
to
the
health
or
3
safety
of
the
public.
4
b.
Whether
the
public
could
be
protected
or
served
in
an
5
alternate
or
less
restrictive
manner.
6
c.
Whether
the
board
serves
a
specific
private
interest.
7
d.
Whether
rules
adopted
by
the
board
are
consistent
with
8
the
legislative
mandate
of
the
board
as
expressed
in
the
9
statutes
that
created
and
empowered
the
board.
10
e.
The
extent
to
which
the
board’s
jurisdiction
and
programs
11
overlap
or
duplicate
those
of
other
boards,
the
extent
to
which
12
the
board
coordinates
with
those
other
boards,
and
the
extent
13
to
which
the
board’s
programs
could
be
consolidated
with
the
14
programs
of
other
state
departments
or
boards.
15
f.
The
number
of
other
states
that
regulate
the
occupation,
16
whether
a
license
is
required
to
engage
in
the
occupation
in
17
other
states,
whether
the
initial
licensing
and
license
renewal
18
requirements
for
the
occupation
are
substantially
equivalent
19
in
every
state,
and
the
amount
of
regulation
exercised
by
the
20
board
compared
to
the
regulation,
if
any,
in
other
states.
21
g.
Whether
the
board
recognizes
national
uniform
licensure
22
requirements
for
the
occupation.
23
h.
Whether
private
contractors
could
be
used,
in
an
24
effective
and
efficient
manner,
either
to
assist
the
board
in
25
the
performance
of
its
duties
or
to
perform
the
board’s
duties
26
in
place
of
the
board.
27
i.
Whether
the
operation
of
the
board
has
inhibited
economic
28
growth,
reduced
efficiency,
or
increased
government
costs.
29
j.
An
assessment
of
the
authority
of
the
board
regarding
30
fees,
inspections,
enforcement,
and
penalties.
31
k.
The
extent
to
which
the
board
has
permitted
qualified
32
applicants
to
serve
the
public.
33
l.
The
extent
to
which
the
board
has
allowed
individuals
to
34
practice
elements
of
the
occupation
without
a
license.
35
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m.
The
cost-effectiveness
of
the
board
in
terms
of
the
1
number
of
employees,
services
rendered,
and
administrative
2
costs
incurred,
both
past
and
present.
3
n.
Whether
the
board’s
operation
has
been
impeded
or
4
enhanced
by
existing
statutes
and
procedures
and
by
budgetary,
5
resource,
and
personnel
practices.
6
o.
Whether
the
board
has
recommended
statutory
changes
to
7
the
general
assembly
that
would
benefit
the
public
rather
than
8
the
individuals
regulated
by
the
board,
if
any,
and
whether
the
9
board’s
recommendations
and
other
policies
have
been
adopted
10
and
implemented.
11
p.
Whether
the
board
has
required
any
individuals
subject
to
12
the
board’s
regulations
to
report
to
the
board
the
impact
of
13
board
rules
and
decisions
on
the
public
as
they
affect
service
14
costs
and
service
delivery.
15
q.
Whether
individuals
regulated
by
the
board,
if
any,
have
16
been
required
to
assess
problems
in
their
business
operations
17
that
affect
the
public.
18
r.
Whether
the
board
has
encouraged
public
participation
in
19
its
rulemaking
and
decision
making.
20
s.
The
efficiency
with
which
formal
public
complaints
filed
21
with
the
board
have
been
processed
to
completion.
22
t.
Whether
the
purpose
for
which
the
board
was
created
has
23
been
fulfilled,
has
changed,
or
no
longer
exists.
24
u.
Whether
federal
law
requires
that
the
board
exist
in
some
25
form.
26
v.
An
assessment
of
the
administrative
hearing
process
of
27
the
board
if
the
board
has
an
administrative
hearing
process,
28
and
whether
the
hearing
process
is
consistent
with
due
process
29
rights.
30
w.
Whether
the
requirement
for
an
occupational
license
31
is
consistent
with
the
principles
expressed
in
section
4B.2,
32
serves
the
public
health
or
safety,
and
provides
the
least
33
restrictive
form
of
regulation
that
adequately
protects
the
34
public
health
or
safety.
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x.
The
extent
to
which
licensing
ensures
that
practitioners
1
have
occupational
skill
sets
or
competencies
that
are
2
substantially
related
to
protecting
consumers
from
present,
3
significant,
and
substantiated
harms
that
threaten
the
public
4
health
or
safety,
and
the
impact
that
those
criteria
have
on
5
applicants
for
a
license,
particularly
those
with
moderate
or
6
low
incomes,
seeking
to
enter
the
occupation
or
profession.
7
y.
The
extent
to
which
the
requirement
for
the
occupational
8
license
stimulates
or
restricts
competition,
affects
consumer
9
choice,
and
affects
the
cost
of
services.
10
z.
An
assessment
of
whether
changes
are
needed
in
the
11
enabling
laws
of
the
board
in
order
for
the
board
to
comply
12
with
the
criteria
listed
in
this
subsection.
13
Sec.
15.
NEW
SECTION
.
4A.4
Reports
of
the
committee.
14
1.
After
completing
a
review
of
a
board
pursuant
to
section
15
4A.3,
the
committee
shall
prepare
and
submit
a
report
of
its
16
findings
and
recommendations
by
December
21
of
each
year.
17
A
report
may
include
findings
and
recommendations
for
more
18
than
one
board.
Copies
of
the
report
shall
be
submitted
19
to
the
president
of
the
senate,
the
speaker
of
the
house
20
of
representatives,
the
governor,
and
each
affected
board,
21
and
shall
be
made
publicly
available
on
the
internet
site
22
of
the
general
assembly.
The
committee
shall
present
its
23
recommendations
to
the
general
assembly
in
the
form
of
a
bill.
24
2.
Recommendations
of
the
committee
shall
indicate
how
or
25
whether
implementation
of
the
recommendations
would
do
each
of
26
the
following:
27
a.
Improve
efficiency
in
the
management
of
state
government.
28
b.
Improve
services
rendered
to
citizens
of
the
state.
29
c.
Simplify
and
improve
preparation
of
the
state
budget.
30
d.
Conserve
the
natural
resources
of
the
state.
31
e.
Promote
the
orderly
growth
of
the
state
and
its
32
government.
33
f.
Promote
occupational
regulations
to
increase
economic
34
opportunities,
encourage
competition,
and
encourage
innovation.
35
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g.
Provide
for
the
least
restrictive
regulations
by
1
repealing
current
regulations
and
replacing
them
with
less
2
restrictive
regulations
that
are
consistent
with
the
principles
3
expressed
in
section
4B.2.
4
h.
Improve
the
effectiveness
of
the
services
performed
by
5
the
boards
of
the
state.
6
i.
Avoid
duplication
of
effort
by
state
agencies
or
boards.
7
j.
Improve
the
organization
and
coordination
of
the
state
8
government.
9
Sec.
16.
NEW
SECTION
.
4A.5
Activities
of
the
general
10
assembly
not
restricted.
11
This
chapter
shall
not
be
construed
to
restrict
the
general
12
assembly
from
considering
any
legislation
concerning
a
board
13
subject
to
this
chapter.
14
Sec.
17.
NEW
SECTION
.
4A.6
Boards
and
governmental
entities
15
——
dissolution.
16
1.
An
Act
of
the
general
assembly
establishing
a
board
after
17
the
effective
date
of
this
Act
shall
include
a
dissolution
date
18
for
the
board
not
more
than
five
years
after
the
establishment
19
of
the
board.
20
2.
An
executive
order
of
the
governor
establishing
a
21
governmental
entity
including
but
not
limited
to
a
board
shall
22
provide
for
the
dissolution
of
the
entity
within
one
year
of
23
the
establishment
of
the
entity
or
upon
the
submission
of
a
24
report
required
by
the
executive
order,
whichever
is
later.
25
Sec.
18.
NEW
SECTION
.
4B.1
Definitions.
26
For
the
purposes
of
this
chapter:
27
1.
“Certification”
means
a
voluntary
program
in
which
28
a
private
organization
or
the
state
grants
nontransferable
29
recognition
to
an
individual
who
meets
personal
qualifications
30
established
by
the
private
organization
or
state
law.
31
2.
“Lawful
occupation”
means
a
course
of
conduct,
pursuit,
32
or
profession
that
includes
the
sale
of
goods
or
services
that
33
are
not
themselves
illegal
to
sell
irrespective
of
whether
34
the
individual
selling
the
goods
or
services
is
subject
to
an
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occupational
regulation.
1
3.
“Least
restrictive
regulation”
means
the
public
policy
of
2
relying
on
one
of
the
following,
listed
from
the
least
to
the
3
most
restrictive,
as
a
means
of
consumer
protection:
4
a.
Market
competition.
5
b.
Third-party
or
consumer-created
ratings
and
reviews.
6
c.
Private
certifications.
7
d.
Actions
under
section
714H.5.
8
e.
Actions
under
section
714.16.
9
f.
Regulation
of
the
process
of
providing
the
specific
goods
10
or
services
to
consumers.
11
g.
Inspections.
12
h.
Bonding
or
insurance.
13
i.
Registrations.
14
j.
Government
certifications.
15
k.
Occupational
licenses,
including
specialty
occupational
16
licenses
for
medical
reimbursement.
17
4.
“Occupational
license”
means
a
government
permission
slip
18
to
work
that
is
a
nontransferable
authorization
in
law
that
an
19
individual
must
possess
in
order
to
perform
a
lawful
occupation
20
for
compensation
based
on
meeting
personal
qualifications
21
established
by
statute
or
by
a
rule
authorized
by
statute.
22
“Occupational
license”
does
not
include
a
commercial
or
other
23
driver’s
license.
24
5.
“Occupational
licensing
board”
means
any
board,
25
commission,
committee,
or
council,
or
any
other
similar
state
26
public
body,
and
any
agency,
division,
or
office
of
state
27
government,
that
issues
an
occupational
license.
28
6.
“Occupational
regulation”
means
a
statute,
policy,
rule,
29
practice,
or
other
state
law
requiring
an
individual
to
possess
30
certain
personal
qualifications
to
use
an
occupational
title
or
31
work
in
a
lawful
occupation.
“Occupational
regulation”
includes
32
a
registration,
certification,
and
occupational
license.
33
“Occupational
regulation”
excludes
a
business
license,
facility
34
license,
building
permit,
or
zoning
and
land
use
regulation,
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except
to
the
extent
those
laws
regulate
an
individual’s
1
personal
qualifications
to
perform
a
lawful
occupation,
and
2
excludes
a
commercial
or
other
driver’s
license.
3
7.
“Personal
qualifications”
means
criteria
related
to
an
4
individual’s
personal
background
and
characteristics
including
5
completion
of
an
approved
educational
program,
satisfactory
6
performance
on
an
examination,
work
experience,
other
evidence
7
of
attainment
of
requisite
skills
or
knowledge,
moral
standing,
8
criminal
history,
and
completion
of
continuing
education.
9
8.
“Registration”
means
a
requirement
to
give
notice
to
the
10
government
that
may
include
the
individual’s
name
and
address,
11
the
individual’s
agent
for
service
of
process,
the
location
of
12
the
activity
to
be
performed,
and
a
description
of
the
service
13
the
individual
provides.
“Registration”
does
not
include
14
personal
qualifications
but
may
require
a
bond
or
insurance.
15
9.
“Specialty
occupational
license
for
medical
reimbursement”
16
is
a
nontransferable
authorization
in
law
for
an
individual
17
to
qualify
for
payment
or
reimbursement
from
a
government
18
agency
for
providing
identified
medical
services
based
on
19
meeting
personal
qualifications
established
in
law
which
may
be
20
recognized
by
a
private
company.
21
Sec.
19.
NEW
SECTION
.
4B.2
Occupational
regulation
22
principles.
23
With
respect
to
the
occupational
regulation
of
individuals,
24
all
of
the
following
shall
be
policies
of
this
state:
25
1.
Occupational
regulations
shall
be
construed
and
applied
26
to
increase
economic
opportunities,
promote
competition,
and
27
encourage
innovation.
28
2.
If
the
state
finds
it
is
necessary
to
displace
29
competition,
the
state
shall
use
the
least
restrictive
30
regulation
to
protect
consumers
from
present,
significant,
and
31
substantiated
harms
that
threaten
public
health
or
safety.
The
32
policy
of
employing
the
least
restrictive
regulation
shall
33
presume
that
market
competition
and
private
remedies
are
34
sufficient
to
protect
consumers.
If
necessary,
regulations
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shall
be
tailored
to
meet
the
predominate
identified
need
to
1
protect
consumers
as
follows:
2
a.
If
a
regulation
is
intended
to
protect
consumers
against
3
fraud,
the
appropriate
state
action
shall
be
to
strengthen
4
powers
under
deceptive
trade
practices
acts.
5
b.
If
a
regulation
is
intended
to
protect
consumers
against
6
unsanitary
facilities
and
general
health
or
safety
concerns,
7
the
appropriate
state
action
shall
be
to
require
periodic
8
inspections.
9
c.
If
a
regulation
is
intended
to
protect
a
consumer
against
10
potential
damages
to
a
third
party
who
is
not
a
party
to
a
11
contract
between
the
seller
and
buyer,
and
other
types
of
12
externalities,
the
appropriate
state
action
shall
be
to
require
13
bonding
or
insurance.
14
d.
If
a
regulation
is
intended
to
protect
a
consumer
against
15
potential
damages
by
transient
providers,
the
appropriate
state
16
action
shall
be
to
require
registration
with
the
secretary
of
17
state.
18
e.
If
a
regulation
is
intended
to
protect
a
consumer
19
against
asymmetrical
information
between
the
seller
and
buyer,
20
the
appropriate
state
action
shall
be
to
offer
voluntary
21
certification,
unless
appropriate,
privately
offered
voluntary
22
certification
for
the
relevant
occupation
is
available.
23
f.
If
a
regulation
is
intended
to
facilitate
governmental
24
reimbursement
for
providing
medical
services
for
an
emerging
25
medical
specialty,
the
appropriate
state
action
shall
be
26
to
require
a
specialty
occupational
license
for
medical
27
reimbursement.
A
person
shall
not
be
required
to
hold
a
28
specialty
occupational
license
for
medical
reimbursement
in
29
order
to
lawfully
provide
a
medical
service
for
an
emerging
30
medical
specialty;
however,
a
person
providing
a
medical
31
service
for
an
emerging
medical
specialty
without
a
specialty
32
occupational
license
for
medical
reimbursement
shall
not
33
receive
governmental
reimbursement
for
providing
that
service.
34
A
specialty
occupational
license
for
medical
reimbursement
35
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shall
not
restrict
governmental
reimbursement
for
services
1
similar
to
the
regulated
service
that
may
be
provided
by
other
2
regulated
persons.
3
g.
If
a
regulation
is
required
to
perform
services
4
regulated
by
both
federal
laws
and
the
laws
of
this
state,
5
the
appropriate
state
action
shall
be
to
require
the
state
6
to
recognize
an
individual’s
occupational
license
from
7
another
state
or
territory
of
the
United
States
to
allow
that
8
individual
to
practice
in
this
state.
9
3.
An
occupational
regulation
may
be
enforced
against
an
10
individual
only
to
the
extent
the
individual
sells
goods
and
11
services
that
are
included
explicitly
in
the
statute
that
12
defines
the
occupation’s
scope
of
practice.
13
4.
This
chapter
shall
not
restrict
an
occupational
14
licensing
board
from
requiring,
as
a
condition
of
licensure
15
or
renewal
of
licensure,
that
an
individual’s
personal
16
qualifications
include
obtaining
or
maintaining
certification
17
from
a
private
organization
that
credentials
individuals
in
the
18
relevant
occupation.
19
Sec.
20.
NEW
SECTION
.
4B.3
Local
licensing
——
preemption.
20
1.
This
chapter
preempts
any
ordinance
or
other
local
law
21
or
regulation
which
conflicts
with
or
is
inconsistent
with
any
22
policy
of
the
state
expressed
in
this
chapter
by
any
political
23
subdivision
that
regulates
an
occupation
or
profession
that
is
24
not
regulated
by
the
state.
25
2.
This
chapter
does
not
apply
to
the
regulation
of
a
place
26
of
business
by
an
ordinance,
permit,
or
license.
27
DIVISION
III
28
ACCOUNTABLE
GOVERNMENT
ACT
REPORTS
29
Sec.
21.
Section
8E.210,
Code
2021,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
1A.
In
addition
to
the
requirements
32
of
subsection
1,
an
agency’s
annual
performance
report
33
shall
include
a
description
of
how
the
agency
improved
34
efficiency,
modernized
processes,
eliminated
duplication
and
35
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outdated
processes,
reduced
costs,
increased
accountability,
1
expanded
the
use
of
technology,
and
incorporated
productivity
2
improvement
measures.
The
section
of
the
annual
performance
3
report
addressing
the
factors
listed
in
this
subsection
shall
4
be
submitted
to
the
state
government
committee
of
each
chamber
5
of
the
general
assembly
and
made
publicly
available
on
the
6
internet
site
of
the
general
assembly.
7
DIVISION
IV
8
PROFESSIONAL
LICENSING
BOARD
EXAMINATIONS
9
Sec.
22.
Section
272C.12,
subsection
3,
paragraph
c,
Code
10
2021,
is
amended
to
read
as
follows:
11
c.
The
ability
of
a
licensing
board,
agency,
or
department
12
to
require
a
person
to
take
and
pass
an
examination
specific
to
13
the
laws
of
this
state
prior
to
issuing
a
license.
A
licensing
14
board,
agency,
or
department
that
requires
an
applicant
to
take
15
and
pass
an
examination
specific
to
the
laws
of
this
state
16
shall
issue
an
applicant
a
temporary
license
that
is
valid
17
for
a
period
of
three
months
and
may
be
renewed
once
for
an
18
additional
period
of
three
months
,
except
that
a
licensing
19
board,
agency,
or
department
shall
not
issue
a
temporary
20
license
if
the
applicant
can
take
the
examination
within
thirty
21
days
of
submitting
an
application
.
22
DIVISION
V
23
EFFECTIVE
DATE
24
Sec.
23.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
25
immediate
importance,
takes
effect
upon
enactment.
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