2006 Minnesota Statutes

214.001 POLICY AND REGULATION.
    Subdivision 1. Policy. The legislature finds that the interests of the people of the state are
served by the regulation of certain occupations. The legislature further finds: (1) that it is desirable
for boards composed primarily of members of the occupations so regulated to be charged with
formulating the policies and standards governing the occupation; (2) that economical and efficient
administration of the regulation activities can be achieved through the provision of administrative
services by departments of state government; and (3) that procedural fairness in the disciplining
of persons regulated by the boards requires a separation of the investigative and prosecutorial
functions from the board's judicial responsibility.
    Subd. 2. Criteria for regulation. The legislature declares that no regulation shall be imposed
upon any occupation unless required for the safety and well being of the citizens of the state. In
evaluating whether an occupation shall be regulated, the following factors shall be considered:
(1) whether the unregulated practice of an occupation may harm or endanger the health,
safety and welfare of citizens of the state and whether the potential for harm is recognizable
and not remote;
(2) whether the practice of an occupation requires specialized skill or training and whether
the public needs and will benefit by assurances of initial and continuing occupational ability;
(3) whether the citizens of this state are or may be effectively protected by other means; and
(4) whether the overall cost effectiveness and economic impact would be positive for
citizens of the state.
    Subd. 3. Regulation of new occupations. If the legislature finds after evaluation of the
factors identified in subdivision 2 that it is necessary to regulate an occupation not heretofore
credentialed or regulated, then regulation should be implemented consistent with the policy of
this section, in modes in the following order:
(1) creation or extension of common law or statutory causes of civil action, and the creation
or extension of criminal prohibitions;
(2) imposition of inspection requirements and the ability to enforce violations by injunctive
relief in the courts;
(3) implementation of a system of registration whereby practitioners who will be the only
persons permitted to use a designated title are listed on an official roster after having met
predetermined qualifications; or
(4) implementation of a system of licensing whereby a practitioner must receive recognition
by the state of having met predetermined qualifications, and persons not so licensed are prohibited
from practicing.
Two or more of these modes may be simultaneously implemented if necessary and
appropriate.
    Subd. 4. Information from Council of Health Boards. The chair of a standing committee
in either house of the legislature may request information from the Council of Health Boards on
proposals relating to the regulation of health occupations.
History: 1976 c 222 s 1; 1984 c 654 art 5 s 9; 1986 c 444; 2001 c 161 s 37