Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 144-S.F.No. 1746 
                  An act relating to occupational regulation; requiring 
                  proponents of new or expanded regulation to provide 
                  certain information in writing to the chairs of the 
                  standing committees; proposing coding for new law in 
                  Minnesota Statutes, chapter 214. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [214.002] [EVIDENCE IN SUPPORT OF REGULATION.] 
           Subdivision 1.  [WRITTEN REPORT.] Within 15 days of the 
        introduction of a bill proposing new or expanded regulation of 
        an occupation, the proponents of the new or expanded regulation 
        shall submit a written report to the chair of the standing 
        committee in each house of the legislature to which the bill was 
        referred setting out the information required by this section.  
        If a committee chair requests that the report be submitted 
        earlier, but no fewer than five days from introduction of the 
        bill, the proponents shall comply with the request. 
           Subd. 2.  [CONTENTS OF THE REPORT.] A report in support of 
        the regulation of a health-related or non-health-related 
        occupation must address the following issues as specifically as 
        possible: 
           (1) the harm to the public that is or could be posed by the 
        unregulated practice of the occupation or by continued practice 
        at its current degree of regulation; 
           (2) any reason why existing civil or criminal laws or 
        procedures are inadequate to prevent or remedy any harm to the 
        public; 
           (3) why the proposed level of regulation is being proposed 
        and why, if there is a lesser degree of regulation, it was not 
        selected; 
           (4) any associations, organizations, or other groups 
        representing the occupation seeking regulation and the 
        approximate number of members in each in Minnesota; 
           (5) the functions typically performed by members of this 
        occupational group and whether they are identical or similar to 
        those performed by another occupational group or groups; 
           (6) whether any specialized training, education, or 
        experience is required to engage in the occupation and, if so, 
        how current practitioners have acquired that training, 
        education, or experience; 
           (7) whether the proposed regulation would change the way 
        practitioners of the occupation acquire any necessary 
        specialized training, education, or experience and, if so, why; 
           (8) whether any current practitioners of the occupation in 
        Minnesota lack whatever specialized training, education, or 
        experience might be required to engage in the occupation and, if 
        so, how the proposed regulation would address that lack; 
           (9) whether new entrants into the occupation would be 
        required to provide evidence of any necessary training, 
        education, or experience, or to pass an examination, or both; 
           (10) whether current practitioners would be required to 
        provide evidence of any necessary training, education, or 
        experience, or to pass an examination, and, if not, why not; and 
           (11) the expected impact of the proposed regulation on the 
        supply of practitioners of the occupation and on the cost of 
        services or goods provided by the occupation. 
           Subd. 3.  [ADDITIONAL CONTENTS; HEALTH-RELATED 
        OCCUPATIONS.] In addition to the contents listed in subdivision 
        2, a report submitted by supporters of regulation of a 
        health-related occupation must address the following issues as 
        specifically as possible: 
           (1) typical work settings and conditions for practitioners 
        of the occupation; and 
           (2) whether practitioners of the occupation work without 
        supervision or are supervised and monitored by a regulated 
        institution or by regulated health professionals. 
           Presented to the governor May 7, 1999 
           Signed by the governor May 11, 1999, 1:47 p.m.