32-4401. Regulating nonhealth professions and occupations; criteria

A. A profession or occupation shall not be regulated except for the exclusive purpose of protecting the public interest. Except as provided in chapter 31 of this title, all proposed legislation to regulate a profession or occupation for the first time shall be reviewed according to the criteria prescribed in subsection B.

B. A profession or occupation shall be regulated by this state only if all of the following apply:

1. An unregulated practice can clearly harm or endanger the public health, safety or welfare.

2. The actual or anticipated public benefit of the regulation clearly exceeds the costs imposed on consumers, businesses and individuals.

3. The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability.

4. The public cannot be effectively protected by private certification or other alternatives.

C. After evaluating the criteria prescribed in subsection B, the legislative committee of reference shall examine data from multiple sources and look for evidence of actual harm to the public related to the industry being considered for regulation. The evidence may include industry association data, federal, state and local government data, business reports, complaints to the respective state law enforcement or consumer affairs divisions or the better business bureau and data from reciprocal agencies in other states with and without similar laws and rules.

D. If the legislative committee of reference finds that it is necessary to regulate a profession or occupation not previously regulated by law, the regulation shall be in the least restrictive manner and shall not be imposed to protect a discrete interest group from economic competition.

E. The legislative committee of reference may hold hearings to evaluate the criteria and examine the data and evidence prescribed in subsections B and C.

F. Notwithstanding any other law, an agency that issues new professional or occupational licenses, registrations or certificates shall not hinder the regulated industry through the delayed awarding of a license, registration or certificate.