Occupational Regulation - Office of the Legislative Auditor

16 OCCUPATIONAL REGULATION
in Figure 1.3. The 1998 report concentrates on the three areas of (1) regulatory
boards and governance structures, (2) professional practice authority, and
(3) continuing competence. The 1998 report also includes helpful “legislative
implementation templates” on all three issues.
The history of
occupational
regulation in
Minnesota
should be
considered as
the Legislature
takes up the
issue.
RECENT HISTORY OF OCCUPATIONAL
REGULATION IN MINNESOTA
Having presented the national history, criticisms, and major national reforms of
occupational regulation, we now review the recent history of occupational
regulation in Minnesota. During the last quarter century, occupational regulation
has been an important issue in Minnesota as in many other states. Some of the
noteworthy historical markers include:
· the adoption of a sunrise law in 1976;
· the establishment of a review process conducted by the Health Department
to assess the need for regulation of health occupations in 1976;
· a study of occupational regulation conducted by the Department of
Administration in 1976 and 1977;
· recommendations concerning occupational regulation issued by the
Commission on Reform and Efficiency (CORE) in 1993; and
· legislative hearings in 1991 and 1997, followed by the introduction of bills
in 1992 and 1998 to change the system of occupational regulation.
Sunrise in Minnesota
Requests for occupational regulation proliferated in the 1970s. In Minnesota no
more than 12 occupations gained state regulation in a single decade until the
1970s, when 40 occupations gained state regulation. In 1976 Minnesota
responded by becoming one of the first states to enact sunrise legislation by
amending Minnesota Statutes Chapter 214 to include a policy for the regulation of
new occupations. 53
As discussed earlier in this chapter, sunrise legislation is a means of screening
proposals for occupational regulation to ensure they meet criteria for public
protection. In Minnesota, three criteria were established in 1976:
· Whether the unregulated practice of an occupation may cause a
recognizable, and not remote, harm or danger to citizens of the state;
53 Minn. Laws (1976), ch. 222, secs. 1-9.