SF 1746

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupational regulation; requiring 
  1.3             proponents of new or expanded regulation to provide 
  1.4             certain information in writing to the chairs of the 
  1.5             standing committees; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 214. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [214.002] [EVIDENCE IN SUPPORT OF REGULATION.] 
  1.9      Subdivision 1.  [WRITTEN REPORT.] Within 15 days of the 
  1.10  introduction of a bill proposing new or expanded regulation of 
  1.11  an occupation, the proponents of the new or expanded regulation 
  1.12  shall submit a written report to the chair of the standing 
  1.13  committee in each house of the legislature to which the bill was 
  1.14  referred setting out the information required by this section.  
  1.15  If a committee chair requests that the report be submitted 
  1.16  earlier, but no fewer than five days from introduction of the 
  1.17  bill, the proponents shall comply with the request. 
  1.18     Subd. 2.  [CONTENTS OF THE REPORT.] A report in support of 
  1.19  the regulation of a health-related or non-health-related 
  1.20  occupation must address the following issues as specifically as 
  1.21  possible: 
  1.22     (1) the harm to the public that is or could be posed by the 
  1.23  unregulated practice of the occupation or by continued practice 
  1.24  at its current degree of regulation; 
  1.25     (2) any reason why existing civil or criminal laws or 
  1.26  procedures are inadequate to prevent or remedy any harm to the 
  2.1   public; 
  2.2      (3) why the proposed level of regulation is being proposed 
  2.3   and why, if there is a lesser degree of regulation, it was not 
  2.4   selected; 
  2.5      (4) any associations, organizations, or other groups 
  2.6   representing the occupation seeking regulation and the 
  2.7   approximate number of members in each in Minnesota; 
  2.8      (5) the functions typically performed by members of this 
  2.9   occupational group and whether they are identical or similar to 
  2.10  those performed by another occupational group or groups; 
  2.11     (6) whether any specialized training, education, or 
  2.12  experience is required to engage in the occupation and, if so, 
  2.13  how current practitioners have acquired that training, 
  2.14  education, or experience; 
  2.15     (7) whether the proposed regulation would change the way 
  2.16  practitioners of the occupation acquire any necessary 
  2.17  specialized training, education, or experience and, if so, why; 
  2.18     (8) whether any current practitioners of the occupation in 
  2.19  Minnesota lack whatever specialized training, education, or 
  2.20  experience might be required to engage in the occupation and, if 
  2.21  so, how the proposed regulation would address that lack; 
  2.22     (9) whether new entrants into the occupation would be 
  2.23  required to provide evidence of any necessary training, 
  2.24  education, or experience, or to pass an examination, or both; 
  2.25     (10) whether current practitioners would be required to 
  2.26  provide evidence of any necessary training, education, or 
  2.27  experience, or to pass an examination, and, if not, why not; and 
  2.28     (11) the expected impact of the proposed regulation on the 
  2.29  supply of practitioners of the occupation and on the cost of 
  2.30  services or goods provided by the occupation. 
  2.31     Subd. 3.  [ADDITIONAL CONTENTS; HEALTH-RELATED 
  2.32  OCCUPATIONS.] In addition to the contents listed in subdivision 
  2.33  2, a report submitted by supporters of regulation of a 
  2.34  health-related occupation must address the following issues as 
  2.35  specifically as possible: 
  2.36     (1) typical work settings and conditions for practitioners 
  3.1   of the occupation; and 
  3.2      (2) whether practitioners of the occupation work without 
  3.3   supervision or are supervised and monitored by a regulated 
  3.4   institution or by regulated health professionals.