Rule-making Guide

Summary of Steps for Rule-making by the State Medical Board of Ohio

March 2023

A.  Rules are required to be reviewed every five years. The Medical Board seeks interested party input for possible amendments.


B.  Upon Medical Board member approval, the proposed rule is filed with the Common Sense Initiative Office (“CSI”). CSI’s goal is to establish a regulatory framework in Ohio that meets four basic criteria:

  1. Regulations should facilitate economic growth;

  2. Regulations should be transparent and responsive;

  3. Compliance should be easy and inexpensive; and

  4. Regulations should be fair and consistent.

 

CSI also reviews rules to determine whether any adverse effect on business is justified by the regulatory intent. The Medical Board notifies interested parties that the rule has been filed at CSI and they may submit comments on the proposed rule. CSI may call interested parties together to discuss provisions of the rule about which there is interested party opposition, after which the agency has an opportunity to revise the rule. CSI recommends either that the proposed rule be further amended or be filed in its present form to complete the rule-making process.


C. Once CSI has recommended that the rule be filed to complete the rule-making process, the rule is filed with the Joint Committee on Agency Rule Review (“JCARR”). JCARR is a legislative committee composed of members of the Ohio House of Representatives and the Ohio Senate.


D.

  • JCARR jurisdiction lasts for 65 days, during which time the agency must hold a public hearing on the proposed rule and JCARR must hold a public hearing on the proposed rule. The Medical Board notifies interested parties of the date and time set for its public hearing on the proposed rule.

 

E. Sometimes after the agency’s public hearing the proposed rule will be revised to reflect comments received.


F. After the JCARR jurisdiction ends, the agency is able to officially adopt the proposed rule and assign an effective date.