House Economic Matters Committee of the Maryland General Assembly
Testimony on: HB 1471 - “Business Occupations and Professions and Health Occupations - Regulation of Occupational Boards ”
Position: Oppose
Hearing date: March 7, 2017
The Funeral Consumers Alliance of Maryland and Environs opposes HB 1471 that would impose additional requirements on the Office of Policy Analysis in the Department of Legislative Service (DLS) for how its evaluates proposed legislation that may lead to the adoption of a regulation by an occupational board. The bill also would create an Office of Supervision of Occupational Boards in the Executive Branch with broad powers that would effectively neuter the ability of health occupation boards to function as they do now to protect consumers and public health.
There are so many problems with this bill it’s difficult to know where to begin to describe them. First and foremost, HB 1471 would create a new, unnecessary and costly bureaucracy to address a non-existent problem. The new regulations that this proposed bureaucracy evidently is intended to limit are created by occupational boards to carry out legislation passed by the General Assembly to address problems the legislature decided needed attention. The Administrative, Executive and Legislative Review Committee of the General Assembly now has the power to put a hold on proposed regulations, and if the General Assembly decides it doesn’t like a regulation, it can pass a law to address the issue. In addition, the periodic sunset review evaluations of occupational boards that DLS conducts for the General Assembly provide an effective mechanism to ensure that boards are doing their jobs as statute dictates and if not, the legislature can require changes be made or possibly that the boards be eliminated.
The Executive Branch already exercises control over regulations proposed by occupational boards reporting to it, so the proposed Office of Supervision of Occupational Boards would be duplicative. For example, the Secretary of Health and Mental Hygiene reviews proposed regulations of health occupation boards under his supervision, and no proposed regulatory change can be posted for public comment in the Maryland Register (a necessary step before a proposed regulation can be issued) until the proposed regulatory change first receives the Secretary’s OK.
The criteria that HB 1471 states an occupational board would be required to follow to justify new regulations (as specified on page 4, lines 18 to 30) would prevent a health occupation board from issuing any regulation to protect consumers or public health. This would be totally contrary to statute-mandated responsibilities of these boards. Instead, HB 1471 states a regulation adopted by an occupational board would have “to increase economic opportunities, promote competition and encourage innovation.” These are commendable goals but clearly not sufficient.
HB 1471 also would allow a member of the General Assembly to ask the Attorney General to review a regulation the legislator thinks is problematic. This would add to the burden of the AG’s office without justification for doing so, and would slow the regulatory process immeasurably.
In summary, HB 1471 would create unnecessary and costly bureaucracy that would serve no useful purpose and hinder the public welfare. We urge anunfavorable report on HB 1471.
Brian Ditzler, FCAME Vice President,
Funeral Consumers Alliance of Maryland & Environs (FCAME)
301-564-0006 . email:
9601 Cedar Lane, Bethesda, MD 20814