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Legislature | |
Occupational and Professional Licensure Review Committee Act | |
Section 107 | Sunrise or sunset review -- Criteria. |
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36-23-107. Sunrise or sunset review -- Criteria. (1) In conducting a sunrise review, the committee may: (a) receive information from: (i) representatives of the occupation or profession proposed to be newly regulated; (ii) the Division of Occupational and Professional Licensing; or (iii) any other person; (b) review the proposal with or without considering proposed statutory language; (c) evaluate the criteria in Subsection (2) to determine whether or not the occupation or profession should be regulated by the state; and (d) as to the proposal, recommend: (i) that the proposal be adopted by the Legislature; (ii) that the proposal be adopted by the Legislature with recommended changes; (iii) that the proposal not be adopted by the Legislature; or (iv) any other action. (2) When conducting a sunrise review or sunset review under this chapter, the committee shall use the following criteria: (a) whether or not the unregulated practice of the occupation or profession has clearly harmed or may harm or endanger the health, safety, or welfare of the public; (b) whether or not the potential for harm or endangerment described in Subsection (2)(a) is easily recognizable and not remote; (c) whether or not the public needs, and can reasonably be expected to benefit from, an assurance of initial and continuing occupational or professional competence; (d) whether or not regulation of the occupation or profession: (i) imposes significant new economic hardship on the public; (ii) significantly diminishes the supply of qualified practitioners; or (iii) otherwise creates barriers to service that are not consistent with the public welfare or interest; (e) whether or not the occupation or profession requires knowledge, skills, and abilities that are: (i) teachable; and (ii) testable; (f) whether or not the occupation or profession is clearly distinguishable from other occupations or professions that are already regulated; (g) whether or not the occupation or profession has: (i) an established code of ethics; (ii) a voluntary certification program; or (iii) other measures to ensure a minimum quality of service; (h) whether or not: (i) the occupation or profession involves the treatment of an illness, injury, or health care condition; and (ii) practitioners of the occupation or profession will request payment of benefits for the treatment under an insurance contract subject to Section 31A-22-618; (i) whether or not the public can be adequately protected by means other than regulation; and (j) other appropriate criteria as determined by the committee.
Amended by Chapter 137, 2007 General Session |
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