Struck = removed from the bill ·
added = the amendment's new text.
Senate File 487 -H-8192 ReprintedAmend SENATESenate FILEFile 487487, BYas COMMITTEEamended, ONpassed, STATE GOVERNMENT (SUCCESSOR TO SSB 1046) (As Amended and Passedreprinted by the SenateSenate, Marchas 17,follows: 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:
SF 487 (4) 89 ss/rh/mb S.F.
487 DIVISION I REGULATION OF PROFESSIONS Section 1.
NEW SECTION.
272C.16 Definitions.
For the purposes of this subchapter:
“HealthPage profession13, board”line means35, anafter entity<safety.> regulating,by licensing,inserting or<This certifyingparagraph adoes professionnot regulatedapply pursuant to Titlelearned IV,professionals subtitleas 3.defined in section 4B.1.> 2.
2.Page 15, line 4, after <section 4B.2.> by inserting <This paragraph does not apply to learned professionals as defined in section 4B.1.> 3.
“NonhealthPage profession”16, meansafter aline profession1 regulated by thisinserting: state other than provided in Title IV, subtitle 3.
3.<__.
“Regulated“Learned healthprofessional” profession” means a professionprofessional regulatedlisted pursuantin to29 TitleC.F.R. IV, subtitle 3.
§541.301(e).> 4.
Page 17, line 24, after <individuals,> by inserting <except for the regulation of learned professionals,> 5.
Page 19, by striking lines 10 through 13 and inserting:
<3.
An occupational regulation may be enforced against an individual to the extent the individual sells goods and services that are included in a statute or administrative rule that addresses the occupation’s scope of practice.
“UnregulatedThis healthsection profession”does meansnot allow a person to practice an unregulated health profession pursuantor toan Titleunregulated IV,nonhealth subtitleprofession 3,if thatthe isprofession notincludes currentlypractices regulatedwithin bythe anyscope entityof practice of thisan state.existing regulated health or nonhealth profession as defined in section 272C.16.> 6.
5.Page 19, line 14, by striking <4.> and inserting <5.> 7.
“UnregulatedBy nonhealthrenumbering, profession”redesignating, meansand acorrecting professioninternal thatreferences isas notnecessary. currently regulated by any entity of this state that is not an unregulated health profession.
Sec.______________________________ COMMITTEE ON STATE GOVERNMENT KAUFMANN of Cedar, Chairperson SF 487.3867 (2) 89 -1- ss/rh 1/1
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.
SF 487 (4) 89 -1- ss/rh/mb 1/20 S.F.
487 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 SF 487 (4) 89 -2- ss/rh/mb 2/20 S.F.
487 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 SF 487 (4) 89 -3- ss/rh/mb 3/20 S.F.
487 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:
SF 487 (4) 89 -4- ss/rh/mb 4/20 S.F.
487 (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 SF 487 (4) 89 -5- ss/rh/mb 5/20 S.F.
487 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.
SF 487 (4) 89 -6- ss/rh/mb 6/20 S.F.
487 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 SF 487 (4) 89 -7- ss/rh/mb 7/20 S.F.
487 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 SF 487 (4) 89 -8- ss/rh/mb 8/20 S.F.
487 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:
SF 487 (4) 89 -9- ss/rh/mb 9/20 S.F.
487 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 SF 487 (4) 89 -10- ss/rh/mb 10/20 S.F.
487 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 SF 487 (4) 89 -11- ss/rh/mb 11/20 S.F.
487 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.
SF 487 (4) 89 -12- ss/rh/mb 12/20 S.F.
487 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.
SF 487 (4) 89 -13- ss/rh/mb 13/20 S.F.
487 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.
SF 487 (4) 89 -14- ss/rh/mb 14/20 S.F.
487 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 SF 487 (4) 89 -15- ss/rh/mb 15/20 S.F.
487 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, SF 487 (4) 89 -16- ss/rh/mb 16/20 S.F.
487 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 SF 487 (4) 89 -17- ss/rh/mb 17/20 S.F.
487 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 SF 487 (4) 89 -18- ss/rh/mb 18/20 S.F.
487 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 SF 487 (4) 89 -19- ss/rh/mb 19/20 S.F.
487 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.
SF 487 (4) 89 -20- ss/rh/mb 20/20