1. rulemaking in iowa

2. starts with a Notice of Intended Action?
Puts public on notice and starts the formal rulemaking process
Requires pre-clearance from the Governor’s office
Includes a mandatory public comment period
Requires Appearance #1 before the Administrative Rules Review Committee
Has to go back to the Board for final vote (Adopted and Filed) with considerations made for public comment
Requires Appearance #2 before the Administrative Rules Review Committee

4. Administrative Rules Review Committee
5 Members of the House (3 Republicans and 2 Democrats)
5 Members of the Senate (3 Republicans and 2 Democrats)
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Both the Governor and the ARRC can “object” to any rule. In effect an “objection” is a written opinion that either the Governor or the ARRC finds a rule to be unlawful. If the rule is later challenged in court, the objection requires the agency to come forward and to prove the validity of its rule. The Governor can rescind any proposed rule up to 70 days after it has become effective. The committee can delay the effective date of a proposed rule pending additional review by the legislature itself. The legislature may rescind any administrative rule by joint action of the two houses.

5. Iowa dental board internal process
We always notice rules as a “draft” before moving to a Notice of Intended Action. Sometimes we do this for a very, very, very long time.
We formally vet rules with stakeholder groups.
We attempt to work through issues prior to starting the rulemaking process (if possible – it’s not always possible).

6. RULEMAKING continued
Rulemaking is generally issue-driven. We maintain a regulatory calendar that we update after every meeting.
Iowa code does allow for any interested party to submit a Petition for Rulemaking. Agencies must give “fair consideration” to any request and to respond within 60 days.
All state agencies are required to do a rolling review of all rules every 5 years and submit a report to the Governor’s Office and Iowa Legislature.
Rulemaking is planned at least one year in advance, unless something urgent arises. The rulemaking calendar is posted on our website and we review the calendar, and our progress during every meeting.

7. lessons learned
Try to manage the amount of time it takes for stakeholder vetting.
Set deadlines and try to stick to them.
Be transparent without going overboard.
Do acknowledge when issues are difficult.
When issues are difficult focus on being evidence based and data driven.
Do work on building relationships with key stakeholders.
Rulemaking Battle

8. Specialty advertising
January 26, 2017 – Specialty advertising on meeting agenda for discussion
April 27, 2017 – Specialty advertising on meeting agenda for discussion
June 26, Sent first memo with draft rules to all associations in the state. Rules recognize ABDS, in addition to the ADA and establish a pathway for the Board to approve any new area of specialty that may arise. Formally asked for feedback – received comments from American Association of Orthodontists.
July 13, 2017 – Rules Posted as a Notice of Intended Action. Issued public memo announcing delay of vote 3 days before Board meeting.
August 15, Sent second memo with revised draft rules to all associations in the state. Asked for feedback – received comments from American Association of Orthodontists and the Iowa and American Academy of Pediatric Dentistry
September 27, Issued third round of revisions on specialty rules to all associations in the state

9. Specialty advertising
October 13, 2017 – Gave presentation on specialty advertising during our Board meeting. Rules posted as a Notice of Intended Action on the agenda again. Vote delayed again.
January 26, Craig Busey, ADA and Frank Recker, ABDS gave presentations to the Board. Board decided to explore deregulation of advertising altogether.
February through April, 2019 – ………..
April 6, 2018 – Noticed 2 Options for Intended Action: Deregulation or Addition of ABDS. Board Voted to add ABDS. Rulemaking Process Starts (4 Public Comments and 0 Questions by AARC!).
September 28, 2018 – Board will Vote As Final and Adopted.