36-23-107 - Sunrise or sunset review -- Criteria.
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 orprofession 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 committeeshall use the following criteria:
(a) whether or not the unregulated practice of the occupation or profession has clearlyharmed 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, anassurance 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 orinterest;
(e) whether or not the occupation or profession requires knowledge, skills, and abilitiesthat are:
(i) teachable; and
(ii) testable;
(f) whether or not the occupation or profession is clearly distinguishable from otheroccupations 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 carecondition; and
(ii) practitioners of the occupation or profession will request payment of benefits for thetreatment 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