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Published on January 7, 2008

Author: Justine

Source: authorstream.com

Curriculum Guide to Grassroots Advocacy in Speech-Language Pathology and Audiology:  Curriculum Guide to Grassroots Advocacy in Speech-Language Pathology and Audiology Module 2: Understanding Legislation and Regulation Differences Between Legislation and Regulation:  Differences Between Legislation and Regulation Legislation refers to laws which are also called statutes and acts passed by Congress or the state legislature Regulation refers to rules created by executive branch agencies such as State Departments of Health and Human Services and the U.S. Department of Education The Legislative Branch:  The Legislative Branch Comprised of the Congress at the federal level and comparable legislatures at the state level Enacts the law from which regulations are developed The Executive Branch :  The Executive Branch Carries out the rules and/or regulations necessary for proper implementation of the law At the federal level the United States President holds this power At the state level the governor and state agencies hold this power The Judicial Branch:  The Judicial Branch The judicial branch, at either the state or federal level, decides arguments about the meaning of laws The courts also decide how laws are applied and whether they violate the Constitution How Does a Bill Become a Law?:  How Does a Bill Become a Law? Here are the steps involved in a bill becoming a law: Introduction of a Bill Referral to Committee Committee Action Mark Up Scheduling Floor Action How Does a Bill Become a Law?:  How Does a Bill Become a Law? Continuing steps involved in a bill becoming a law: Debate Voting Referral to Other Chamber Conference Committee Action Final Actions What Are the Stages in the Regulatory Process?:  What Are the Stages in the Regulatory Process? Regulations are required to implement legislation Regulations tell the public how to comply with a law Regulations are based on statutes Laws are typically made at the federal level and states develop regulations that comply with the laws Slide9:  Rulemaking process is initiated by agency – one of three ways: 1) statutory command, 2) general mandate of agency, or 3) public petition Agency drafts proposed rules – with or without benefit of initial public comment or input from the regulated community Fiscal, environmental, small business, or other impact statements prepared, if required Stages in the State Rulemaking Process Slide10:  Draft proposed rules are published for public comment. Notice and hearing required by state Administrative Procedures Act Deadline for submission of written testimony and/or request for public hearing Public hearing, if required or requested, is held for oral presentations Agency considers public comment and either incorporates or responds to issues raised Stages in the State Rulemaking Process Slide11:  Draft final rules submitted to legislative oversight committee. Committee reviews for appropriateness and conformance with statutory mandate Governor’s signature may be required Publication of final rule Effective date – rule goes into effect and enforcement begins Stages in the State Rulemaking Process What Are Some Vehicles for Affecting Legislation and Regulations?:  What Are Some Vehicles for Affecting Legislation and Regulations? Identify the major issue(s) and the desired outcome(s) Consider hiring a professional lobbyist Identify the funding to cover the costs of hiring a lobbyist Contact other national or state associations for recommendations on possible lobbyists with expertise on an issue and a history of success What Are the Traits of a Successful Lobbyist?:  What Are the Traits of a Successful Lobbyist? Knowledge about the professions of speech-language pathology and audiology Capability to communicate the issues with legislators Negotiation skills What Are the Traits of a Successful Lobbyist? :  What Are the Traits of a Successful Lobbyist? Solid understanding of the political climate Awareness of allies and opponents Past success with passing legislation What Are Some Vehicles for Affecting Legislation and Regulations? :  What Are Some Vehicles for Affecting Legislation and Regulations? Political Action Committees (PACs) A political action committee is a non-profit, bipartisan political committee representing the interests of a particular group or organization Its political and financial strength is sustained by the support of the group or organization The Federal Election Campaign Act (1974) gave membership organizations the right to provide financial support for candidates Legislation and Regulations? What Are Some Vehicles for Affecting Legislation and Regulations :  Legislation and Regulations? What Are Some Vehicles for Affecting Legislation and Regulations Coalitions Coalitions are comprised of individuals or organizations with common interests can pool resources and collaborate to advocate for a common outcome Coalitions may be composed of professional organizations and/or consumers Examples of Successful Political Lobbying of ASHA and Its Members :  Examples of Successful Political Lobbying of ASHA and Its Members Congress Passes Two-Year Moratorium on Medicare Therapy Cap State Grants for the Support of Universal Newborn Infant Hearing Screening Programs Individuals With Disabilities Education Act (IDEA) Full Funding Passes First Major Hurdle in U.S. House

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