Occupational Regulation - Office of the Legislative Auditor

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90 OCCUPATIONAL REGULATION board performance could be better monitored through increased oversight. With increased oversight, whether through sunset reviews, improved biennial reporting, or by some other means, the Legislature and the public could have more confidence that regulatory boards are truly working in the public’s interest. REGISTERED DENTAL ASSISTANTS Legislation in 1998 sought licensure for registered dental assistants. Registered dental assistants have been regulated by the Board of Dentistry since 1977. In 1994 they were registered in 4 states and regulated in 11 states. 3 (Unregulated dental assistants are employed in Minnesota but do not perform any intra-oral functions.) In 1998, S.F. 3408 was introduced. The proposed legislation sought licensure for registered dental assistants. The bill did not change the activities defining the scope of practice for dental assistants, and it would have given registered dental assistants the same level of credentialing as dental hygienists. The Minnesota Dental Assistants Association (MDAA), which represents about 20 to 30 percent of Minnesota dental assistants, supported the bill. The board did not oppose S.F. 3408 because registered dental assistants are required to meet education, exam, and continuing education requirements as do dental hygienists. The bill was introduced late and received no hearings. The case study of dental assistants provides an example of an attempt to change the inconsistent use of the words certify, register, and license in Minnesota. Since registered dental assistants have a defined scope of practice, education, exam, and continuing education requirements, it is logical that they be licensed. The fact that they are currently referred to as registered dental assistants, yet they have title protection and practice protection illustrates the need for a review and standardization of terminology as we recommend in Chapter 3. LEAD WORKERS In 1998, legislation was enacted bringing Minnesota law into line with EPA requirements for licensing lead workers. Lead workers were regulated in Minnesota in 1993 by the Department of Health’s Division of Environmental Health. Only workers doing intentional lead removal are required to be licensed. If an individual or contractor removes lead incidental to a remodeling project, no license is required. Furthermore, these rules only apply to work done on buildings that have the potential to be homes or places frequented by children. The impetus for regulating this occupational group was the 1992 Federal Housing Act, which mandated regulation of lead removal, and the 1996 Environmental Protection Agency (EPA) requirements that followed. In 1998 H.F. 2334 and S.F. 2108 were introduced to bring Minnesota statutes in line with the EPA standards relating to lead removal. Recognizing the need to update Minnesota’s standards, and desiring to avoid the alternative of direct regulation by the EPA, the bills were backed by the Minnesota Department of Health. There were no groups opposed to the changes and the bills were passed with minimal discussion. 3 Ibid.
APPENDIX B 91 In this case the state proposal for a change in occupational regulation originated from a federal requirement. Prior to this federal initiative only two states regulated lead workers. 4 It is debatable whether the licensing of lead workers meets the criteria for regulation established in Chapter 214, especially since licensure is only required for specific lead removal projects. However, this case provides an example of how states must sometimes adjust regulatory policies in order to pre-empt federal regulation. Another issued raised in this case relates to the financing of occupational regulation. The fees generated by licensing lead workers do not cover the costs of regulation. The program receives some support from federal grants, but even with federal funds the licensing program is not self-supporting. This is a problem in light of Minnesota Statutes §16A.1285, which requires occupational regulation to be self supporting. MORTUARY SCIENCE PROFESSIONALS In 1994, 35 states regulated embalmers and 46 states regulated funeral directors. 5 Mortuary science professionals are currently regulated in Minnesota by the Mortuary Science section of the Department of Health. In 1998, the Health Department succeeeded in changing licensure requirements for morticians after trying to get a bill passed for three years. In 1997, H.F. 367/S.F. 199 was passed, changing the current licensing program. The legislation for morticians and embalmers included changing age and education requirements for licensees, and limiting the number of interns per license holder. This is the first major change to the statute since the 1950s, and it brings Minnesota in line with other states. It also accommodates people who are entering the field as a second career by giving more flexibility to education requirements. Although there was no opposition to the bill, it was presented to the Legislature for three consecutive years before it passed. Health Department staff involved in supporting the bill say the hardest part of the process was managing the bill in the Legislature. This case study illustrates how difficult and time consuming it can be to pass legislation regarding occupational regulation. The legislative process for the mortuary science profession took at least three years, even without any opposition. We have heard that the Legislature is more likely to pass bills that have consensus among the participants, but that did not happen the first two years mortuary science bills were introduced. Although the new statute appears to have more stringent education requirements, the department says the requirements in Minnesota mirror standards from other states and make it easier for people to enter the field if they already have some education. Adjusting the requirements to match those of other states indicates a growing awareness of professional mobility among those involved with mortuary sciences, a trend that is also affecting other occupations. 4 Ibid. 5 Ibid.
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