SB503 Alabama 2015 Session

Under existing law, the board of an agency that regulates a business or profession which is controlled by active market participants in the business or profession, do not have state immunity from federal anti-trust law unless the board is subject to active state supervision

Also under existing law, administrative rules of agencies that regulate a business or profession are subject to review by the Joint Committee on Administrative Regulation Review prior to becoming effective. The committee may approve, disapprove, disapprove with a suggested amendment, or allow the agency to withdraw the rule for revision. A rule on which the committee takes no action is deemed approved

This bill would require certified rules of the Board of Medical Examiners and the Medical Licensure Commission to be reviewed by the Legislative Reference Service to determine whether the rule constitutes an anticompetitive and unfair method of competition. If the Legislative Reference Service makes such a determination, the committee would be required to meet to review the rule and determine whether the rule should be approved, disapproved, disapproved with a suggested amendment, or withdrawn. The bill would also authorize the board and commission to submit previously adopted rules for a similar review and require the board or commission to propose an amendment to a rule or the repeal of a rule if the committee determines the rule is an anticompetitive and unfair method of competition

The bill would allow the Legislative Reference Service to impose a fee for providing the review

To add Section 41-22-22.1 to the Code of Alabama 1975; to provide for further review of rules of the Board of Medical Examiners and the Medical Licensure Commission by Legislative Reference Service and by the Joint Committee on Administrative Regulation Review under certain conditions and to provide for certain fees to cover the costs of the review.