Iowa Code § 4A.9

Current through bills signed by governor as of 5/17/2024
Section 4A.9 - 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 create a board or commission to regulate an unregulated nonhealth profession shall be reviewed by the legislative standing 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 cannot be effectively protected by private certification or other alternatives.
2. If a legislative standing committee finds that the proposed 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 standing committee finds that it is necessary to create a board or commission to regulate an unregulated nonhealth profession, the committee shall review the proposed legislation to determine whether it is the least restrictive regulation necessary to adequately protect the public and whether the regulation protects a discrete interest group from economic competition.
4. The legislative standing 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, as applicable, 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.

Iowa Code § 4A.9

Added by 2024 Iowa SF 2385,s 51, eff. 7/1/2024.