41-3502. Regulating professions and occupations; criteria
A. A profession or occupation shall not be regulated except for the exclusive purpose of protecting the public interest. Regulation shall not be imposed for the exclusive purpose of protecting a profession or occupation from economic competition. Except as provided in title 32, chapter 31, all regulation of a profession or occupation for the first time shall be reviewed according to the criteria prescribed in subsection B of this section.
B. This state shall regulate a profession or occupation only if all of the following apply:
1. There is credible evidence of harm that the unregulated practice threatens the public health, safety or welfare in this state.
2. The actual or anticipated public benefit of the regulation clearly exceeds the costs imposed on consumers, businesses and individuals.
3. The public needs and can reasonably be expected to benefit from government regulation.
4. The public cannot be effectively protected by less restrictive regulations.
C. After evaluating the criteria prescribed in subsection B of this section, if it is necessary to regulate a profession or occupation not previously regulated by law, the regulation shall be in the least restrictive manner as prescribed by this article.
D. The legislative committee of reference may hold hearings to evaluate the criteria prescribed in subsection B of this section. The legislative committee of reference may request information from state agencies that contract with individuals in regulated occupations and others with knowledge of the occupation or labor market economics.
E. The legislative committee of reference shall provide the findings and recommendations to the standing committee to which the proposed legislation is assigned. The standing committee shall address all of the following:
1. The type of regulations, if any, that are appropriate pursuant to subsections B and C of this section.
2. If applicable, the scope of practice and requisite personal qualifications that are appropriate for a government certification or occupational or professional license.
3. The extent to which failure to regulate a profession or occupation will result in:
(a) The loss of insurance.
(b) An impact to the ability to practice in other states or as required by federal law.
(c) An impact to the required licensure or registration with the federal government.
(d) The loss of constitutionally afforded practices.
F. Notwithstanding any other law, an agency that issues new occupational or professional licenses, registrations or certificates shall not hinder the regulated industry through the delayed awarding of a license, registration or certificate.
G. Subsections B and C of this section do not preempt federal regulations or require a private certification organization to grant or deny private certification to an individual.