Title 43, Chapter 1A, Section 7
( 43-1A-7)
After July 1, 1986, applicant groups and other interested parties
shall explain in writing each of the following factors to the extent
requested by the council and the legislative committee of reference: (1) A definition of the problem and why regulation is necessary: (A) The nature of the potential harm to the public if the
business or profession is not regulated, and the extent to which
there is a threat to public health and safety; and (B) The extent to which consumers need and will benefit from a
method of regulation identifying competent individuals engaged
in the business or profession; (2) The efforts made to address the problem: (A) Voluntary efforts, if any, by members of the business or
profession to establish a code of ethics or help resolve
disputes between the business or professional group and
consumers; and (B) Recourse to and the extent of use of applicable law and
whether it could be strengthened to control the problem; (3) The alternatives considered: (A) Regulation of business or professional employers rather than
employees; (B) Regulation of the program or service rather than the
individuals; (C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; (F) Why the use of the alternatives specified in this paragraph
would not be adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest; (4) The benefit to the public if regulation is granted: (A) The extent to which the incidence of specific problems
present in the unregulated business or profession can reasonably
be expected to be reduced by regulation; (B) Whether the public can identify qualified individuals; (C) The extent to which the public can be confident that
regulated individuals are competent: (i) Whether the proposed regulatory entity would be a board
composed of members of the profession and public members, or a
state agency, or both and, if appropriate, their respective
responsibilities in administering the system of certification
or licensure, including the composition of the board; the
powers and duties of the board or state agency regarding
examinations, investigations, and the disciplining of
certified or licensed individuals; the promulgation of rules
and a code of ethics; and how fees would be levied and
collected to cover the expenses of administering and operating
the regulatory system; (ii) If there is a grandfather clause, whether such
individuals will be required to meet the prerequisite
qualifications established by the regulatory entity at a later
date; (iii) The nature of the standards proposed for certification
or licensure as compared with the standards of other
jurisdictions; (iv) Whether the regulatory entity would be authorized to
enter into reciprocity agreements with other jurisdictions;
and (v) The nature and duration of any training and whether
applicants will be required to pass an examination; and, if an
examination is required, by whom it will be developed and how
the cost of development will be met; and (D) Assurance to the public that regulated individuals have
maintained their competence: (i) Whether the certification or license will carry an
expiration date; and (ii) Whether renewal will be based only upon payment of a fee
or whether renewal will involve reexamination, satisfactory
completion of continuing education, peer review, or other
enforcement; (5) The extent to which regulation might harm the public: (A) The extent to which regulation might restrict entry into the
business or profession and whether the proposed standards are
more restrictive than necessary to ensure safe and effective
performance; and (B) Whether there are similar professions to that of the
applicant group which should be included in, or portions of the
applicant group which should be excluded from, the proposed
legislation; (6) A description of the group proposed for regulation, including
a list of associations, organizations, and other groups
representing the business or profession in this state, an estimate
of the number of individuals in each group, and whether the groups
represent different levels of business or professional activity; (7) The expected cost of regulation: (A) The impact regulation might have on the costs of service to
the public;
(B) The impact regulation might have on various types of
insurance; and (C) The initial and long-term cost to the state and to the
general public of implementing the proposed legislation; and (8) Any additional information requested by the council or the
legislative committee of reference. |