Approved by the Board on July 18, 2007

Executive Order #9 requires that each August 1 the Board of Medicine submit a regulatory plan listing each "regulatory action" (each potential rule currently under active consideration or development within the agency excluding those rules that do not have a substantial impact on the legal rights, privileges, or duties of persons) that the agency reasonably expects to issue in proposed or final form in that fiscal year or thereafter.

The Board's current regulatory objectives and priorities and how they relate to the obligations imposed on the agency by statute and the Governor's priorities.

The Board is charged with safeguarding the public health, safety and welfare by:

· licensing qualified physicians and acupuncturists;
· investigating complaints against physicians and acupuncturists and taking corrective action;
· operating a program for physicians and acupuncturists with an impairment;
· defining the scope of medical and acupuncture practice;
· working cooperatively with certain other agencies, e.g., Board of Physician Assistants, Board of Pharmacy; and
· operating within specified limitations, e.g., public meetings law, public records law, waiver and variance law.

The Board's priorities for rule writing for FY'08 are as follows:

1. To fulfill any requirements imposed by the legislative session,
2. To complete changes resulting from administrative and judicial decisions,
3. To address public health issues.

A description of each contemplated regulatory action, including, to the extent reasonable and practicable, alternatives to be considered and a preliminary estimate of the anticipated costs and benefits of the action.

See Table 1. Regulatory Plan for FY'08.

A summary of the legal basis for each such action, including whether any aspect of the action is required by statute or court order.

See Table 1. Regulatory Plan for FY'08.

A statement of the need for each action and, if applicable, how the action reduces risk to public health, safety, or the environment, as well as how the magnitude of the risk addressed by the action relates to other risks within the jurisdiction of the agency.

See Table 2. Regulatory Plan for FY'08.

The agency's contemplated schedule for action, including a statement of any applicable statutory or judicial deadlines.

See Table 1. Regulatory Plan for FY'08.

Name, address, and telephone number of a person knowledgeable about the contemplated action who may be contacted for additional information about that action.

Ann Mowery, Ph.D., Executive Director
Iowa Board of Medicine
400 S.W. 8th Street, Suite C
Des Moines, IA 50309-4686
515/242-3268
Email

Iowa Board of Medicine

Table 1. Regulatory Plan for FY '08

Priority	Chapter or Rule for Revisions in FY '04	Description of Each Contemplated Regulatory Action	Alternatives	Date and Anticipated Board Action	Anticipated Costs	Anticipated Benefits	Legal Basis for Action
1	All Chapters	The Code Editor will change the Board's name to Board of Medicine in response to SF 274.	None	Rules changes will be implemented in July 2007.	Staff costs to change the rules $100.	The public will no longer confuse the Board with the Office of the State Medical Examiners.	Iowa Code SF 74
2	2	Update the chapter to specify that the preliminary notice of denial and denial of a license are public record and clarify that the statement of charges are public record .	No change.	Rules will be considered in FY '08	Staff costs to change the rules $1,500.	The public will be better informed about the board's actions.	Smith v. Board of Medical Examiners; Reveiz v Board of Medical Examiners
3	13	Update the chronic pain rules to address under treatment and over treatment of acute pain and pain of terminal diseases, e.g., cancer pain	No change.	Rules will be considered in FY '08.	Staff costs to change the rules $1,500.	Physicians will have better guidance on how to treat pain; patients should receive better pain management.	Iowa Code Chapter 272C.
3	9,10	Clarify when a license is needed for practice and broaden the usage and eligibility for temporary licensure.	None	Rules will be filed under Notice in June 2006	Staff costs to change the rules $3,000.	Clarity for the physicians, hospitals and medical education.	Iowa Code Chapter 148
3	24	Clarify the role of the staff and board in processing complaints and investigations.	No change.	Rules will be considered in FY '08.	Staff costs to change the rules $1,500.	Both the complainant and the physician will be happier with clearer guidance on what happens with complaints and investigations.	Iowa Code Chapter 272C
3	9,10,17	Update licensure chapters.	No change.	Rules will be considered in FY'08.	Staff costs to change the rules $1,500.	Updated rules and acupuncture rules more aligned with physician rules.	Iowa Code Chapters 147, 148E, 148, 150, 150A.

Table 2. Regulatory Plan for FY '08

Priority	Chapter or Rule for Revisions in FY '04	Description of Each Contemplated Regulatory Action	Need for Action	How the Action Reduces Risk	Maginitude of the Risk Compared to Other Risk Faced by the Board
1	All Chapters	The Code Editor will change the Board's name to Board of Medicine in response to SF 274	None	Eliminates the public's confusion with the Office of the State Medical Examiners .	1 on a scale of 10 with 10 being the greatest risk
2	2	Specify that the preliminary notice of denial and denial of a license are public record. Specify more clearly that the statement of charges are a public record.	Recent court decisions have clarified these positions.	The public is more well informed.	3 on a scale of 10 with 10 being the greatest risk
3	13	Update the chronic pain rules to address acute pain and pain of terminal diseases, e.g., cancer pain	The rules need to address pain in a broader sense because the Board has seen examples of under and over treatment that have been detrimental to the public.	Physicians will have better guidance on how to treat pain.	8 on a scale of 10 with 10 being the greatest risk
3	9,10	Clairfy when a license is needed for practice and broaden the usage and eligibility for temporary licensure.	Questions arise regarding the need for licensure for physicians who teach or are students of continuing medical education and for exchanges with physicians from other countries.	More physicians will be licensed but under a temporary license.	5 on a scale of 10 with 10 being the greatest risk
3	24	Clarify the role of the staff and board in processing complaints and investigations.	The rules do not reflect exactly how complaints and investigations are handled and there is confusion on the part of the medical community.	The rule changes include what the complainant and the physician can expect from the Board and staff.	3 on a scale of 10 with 10 being the greatest risk
3	9,10	Update licensure chapters.	These rules need to be updated.	This does not reduce risk but updates rules.	1 on a scale of 10 with 10 being the greatest risk.