Occupational Regulation - Office of the Legislative Auditor

Organization of Occupational
Regulation in Minnesota
CHAPTER 2
In this section we describe how occupational regulation is organized and
carried out in Minnesota. We address the following questions:
• What are the types of occupational regulation used in Minnesota
• Which occupations are regulated in Minnesota
• How is regulation organized and financed in state government
There are
several types of
occupational
regulation,
including
licensure,
certification,
and
registration.
• In general, how does occupational regulation in Minnesota compare
with occupational regulation in other states
• What types of regulatory proposals have been before the Legislature
in recent years
In order to compile this information we surveyed regulatory boards and state
agencies. We reviewed the national literature and interviewed officials from other
states. We systematically identified occupational regulation issues before the
Legislature in recent years and studied 13 recent proposals for regulation in some
detail.
MODES OF OCCUPATIONAL REGULATION
Occupational regulation can be accomplished in several ways. The most
restrictive form of regulation is licensure which governs the right to practice a
legally defined occupational scope of practice. An example is the right to practice
medicine or law. A less restrictive form of occupational regulation is certification
which legally restricts the use of a professional or occupational title, but not the
right to provide similar or identical services. 1 For example, no one but certified
athletic trainers can use that title. A still less restrictive form of regulation is
1 We are referring here to statutory certification. There are many important private certification
programs, for example, certification in medical specialties such as surgery, pediatrics, or psychiatry.
In practice, private certification can be virtually as restrictive as licensure.