Elaine J. Yeatts

1
Understanding the Translation of Legislation and
Policy into Regulations

• Elaine J. Yeatts
• Agency Regulatory Coordinator
• Department of Health Professions

2
Scope of regulatory activity at DHP

• 14 Boards with rule-making authority
• Director has specific authority to establish
  rules for 3 programs.
• Regulate almost 300,000 persons and entities
• 64 sets of regulations
• Currently, 40 actions on 33 sets of regulation in
  some stage of promulgation

3
Topics to be covered

• What generates the need for amending regulations.
• Process for the development of regulatory
  language.
• Opportunities for stakeholder input.
• Effective board member participation.

4
Need for regulation

• Legislation passed by the General Assembly
  changes in the Code.
• Periodic review required by Executive Order or
  PPGs.
• Petitions for rule-making.
• Callahan Act impact on fee regulations.
• Issue identified by the Board.

5
Development of regulation

• Committee of the board acting as workgroup.
• Use of advisory groups/committees
• Dissemination of information/drafts to interested
  parties
• Data collection
• Comparison of rules for other states/professions

6
Opportunities for public input

• Before the Notice of Intended Regulatory Action
  discussion of issues/problems
• Comment on Notice
• Inclusion during development of regulatory
  language
• 60-day comment period hearing on proposal
• All meetings public with time for comment

7
Timelines for completion

• Promulgation of a regulation typically takes 18
  to 24 months
• Emergency regulations bill with 280-day
  enactment clause.
• Fast-track regulations One-step process versus
  three steps.

8
The regulatory process is

• Thorough
• Inclusive
• Responsive
• Balanced
• Lengthy

9
5 Bs for Effective Board Member Participation

• Be there
• Be prepared
• Be informed
• Be open/objective
• Be honest