A regulation is a rule that is usually proposed by a state agency or is a petition which has been submitted by a group or individual. If the rule is passed it has the force of law. Regulations are proposed in order to administer and enforce specific state laws.
A regulation is created, amended, or repealed through a regulatory action. Typically, regulatory actions take about 18-24 months from start to finish. The reason for the lengthy process is to ensure that the public has an opportunity to participate, and that all perspectives are considered in the development of a final regulation.
Regulatory actions usually go through a three-step process but check with your state Medical Board to get the specific steps in your state
First Step: The public receives notification that a regulatory change is being considered, along with a description of the changes being considered. There is usually a 30-day period (differs in each state) during which the agency receives written comments from the public. The agency reviews these comments and may incorporate them into the proposed regulation.
Second Step: The public is provided with the full text of the regulation, a statement explaining the substance of the regulatory action, and an economic analysis. Once the proposal is published there is usually a 60-day public comment period (Once again, differs by state) and a public hearing is organized to hear testimony on the proposal.
Final: If the proposal makes it through the first two stages the public is provided with the full text of the regulation. Once the proposal ins finalized, there is a 30-day final adoption period (again, differs in each state).
There are many ways you can participate in the regulatory process. These opportunities include making a public comment, attending board meetings and public hearings, joining an ad hoc advisory committee, and submitting a petition for rulemaking.
Public comment is always very important. You need to voice your expert opinion to state regulators whether supporting or opposing a proposal.
- Be Brief. Take no more than 5 minutes. You don't want the reviewer to miss the point of your concern. Brevity assures that it won't be lost
- Be Specific. Make it clear what you want. It is more effective to say "I am concerned about how this will affect dermasurgeons because...", than "Don't do this." Give the reasons for your position
- Know your subject. If you are commenting on a document, make sure you have read it so that your comments make sense and are accurate
- Be Honest and Realistic. Distortions of facts or misstatements may cause the reviewer to question the accuracy of your other statements
- Be Polite. Even though you may be upset about a proposal, try to state your opinion objectively
You may attend these meetings to become more informed about a regulatory action and, depending on board policy, you may be able to offer your comments regarding regulations in development.
Often an agency will put together a committee consisting of regulators, advocacy groups, and other concerned citizens to assist the board in drafting or amending regulations. You can find out if there is an advisory committee and how you might participate by.