13-1b-302. Review criteria. In conducting a sunrise review or a periodic review, unless otherwise directed in accordance with Subsection 13-1b-203(3), the office shall consider the following criteria:
(1)
whether the regulation of the occupation is necessary to address a present, recognizable, and significant harm to the health, safety, or financial welfare of the public;
Terms Used In Utah Code 13-1b-302
Contract: A legal written agreement that becomes binding when signed.
licensing: means a state-granted authorization for a person to engage in a specified occupation:
(a)
based on the person meeting personal qualifications established under state law; and
(b)
where state law requires the authorization before the person may lawfully engage in the occupation for compensation. See Utah Code 13-1b-101
Occupation: means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation. See Utah Code 13-1b-101
Office: means the Office of Professional Licensure Review created in this chapter. See Utah Code 13-1b-101
requires a person to obtain a license to practice the occupation; or
(b)
provides for state certification or state registration. See Utah Code 13-1b-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Sunrise review: means a review under this chapter of an application to establish a new regulated occupation. See Utah Code 13-1b-101
(2)
for any harm to the health, safety, or financial welfare of the public, the harm’s:
(a)
severity;
(b)
probability; and
(c)
permanence;
(3)
the extent to which the proposed or existing regulation of the occupation protects against or diminishes the harm described in Subsection (1);
(4)
whether the proposed or existing regulation of the occupation:
(a)
affects the supply of qualified practitioners;
(b)
creates barriers to:
(i)
service that are not in the public financial welfare or interest; or
(ii)
entry into the occupation or related occupations;
(c)
imposes new costs on existing practitioners;
(d)
affects:
(i)
license reciprocity with other jurisdictions; or
(ii)
mobility of practitioners; or
(e)
if the occupation involves a health care provider, impacts the health care provider’s ability to obtain payment of benefits for the health care provider’s treatment of an illness, injury, or health care condition under an insurance contract subject to Section 31A-22-618;
(5)
if the review involves licensing, the potential alternative pathways for a person to obtain a license;
(6)
the costs to the state of regulating the occupation;
(7)
whether the proposed or existing administering agency has sufficient expertise and resources;
(8)
the regulation of the occupation in other jurisdictions;
(9)
the scope of the proposed or existing regulation, including:
(a)
whether the occupation is clearly distinguishable from an already regulated occupation; and
(b)
potential for regulating only certain occupational activities;
(10)
the potentially less burdensome alternatives to the proposed or existing regulation and the effect of implementing an alternative method of regulation on:
(a)
the health, safety, or financial welfare of the public;
(b)
the occupation; and
(c)
practitioners of the occupation; and
(11)
any other criteria the office adopts, including criteria suggested in a stakeholder survey.
