71-6222. Least restrictive method of regulation; how implemented.
After evaluating the criteria in sections 71-6221 to 71-6223 and considering governmental and societal costs and benefits, if the Legislature finds that it is necessary to regulate a health profession not previously regulated by law, the least restrictive alternative method of regulation shall be implemented, consistent with the public interest and this section, as follows:
(1) When the threat to the public health, safety, welfare, or economic well-being is relatively small, regulation shall be by means other than direct credentialing of the health profession. Such regulation may include, but shall not be limited to:
(a) Inspection requirements;
(b) Enabling an appropriate state agency to bring an end to a harmful practice by injunctive relief in court;
(c) Regulating the business activity or entity providing the service rather than the employees of the business or entity; or
(d) Regulating or modifying the regulation of the health profession supervising or responsible for the service being performed;
(2) When there exists a diversity of approaches, methods, and theories by which services may be rendered and when the right of the consumer to choose freely among such options is considered to be of equal importance with the need to protect the public from harm, the regulation shall implement a system of registration;
(3) When the consumer may have a substantial basis for relying on the services of a practitioner, the regulation shall implement a system of certification; or
(4) When it is apparent that adequate regulation cannot be achieved by means other than licensing, the regulation shall implement a system of licensing.
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