Occupational Regulation - Office of the Legislative Auditor

EFFECTIVENESS OF OCCUPATIONAL REGULATION 69
One criterion defining the need to regulate in Chapter 214 is whether the practice
of an occupation requires specialized skills or training, and whether the public
needs and will benefit from assurances of initial and continuing occupational
ability. 18 We reviewed regulated occupations in Minnesota to see how many
lacked significant statutory requirements for education, experience, examination,
and continuing education.
We found:
· Out of 188 regulated occupations, 82 have no statutory educational
requirements beyond a high school diploma, 69 have no requirements
for specialized experience, and 32 have no examination requirements.
Twelve occupations have neither specialized education, experience, or
examination requirements.
Some regulated
occupations
have no
specialized
education,
experience, or
examination
requirements.
In addition, 75 occupations of the 188 regulated occupations have no continuing
education requirements.
The issue of whether the state should continue to regulate these or other
occupations obviously requires more detailed study, but a review of the database
and Directory we have put together can suggest where to start. Table 3.6 lists the
regulated occupations with the most limited statutory requirements. Several of
these occupations have no educational requirements beyond a high school
diploma, no experience requirements, no examination requirements, and no
requirements for continuing education. The remainder have requirements in only
one of these categories. In addition, many of these occupations are among the 67
reporting occupations that indicated receiving no formal complaints over a two
year period, calling into question whether regulation of these occupations is
necessary.
A number of the people we interviewed note that the statutes governing
occupational regulation are often out of date and in need of revision. We did not
attempt to measure the extent of these problems although it is fairly easy to find
examples that appear to contradict the basic policy articulated by Chapter 214.
For example, the licensure of plumbers is required only in cities over 5,000
population. 19 If licensure is required because of a threat to health or safety (the
primary criterion of Chapter 214), it should be required everywhere. In fact, the
Minnesota Department of Health has made this argument, so far without success,
because it is opposed by representatives of licensed plumbers. If plumbers present
a threat to public health that is no greater than that presented by other building
trades most of which are not regulated, or if it is judged that other types of
regulation such as enforcement of building standards is sufficient, then state
licensure of plumbers could be eliminated statewide. 20
18 Minn. Stat. §214.001.
19 The justification for licensing plumbers is based on the potential public health threat conveyed
through municipal water and sewer systems. Licensure is not required for plumbers working
on houses or businesses served by individual wells or on-site waste disposal systems.
20 See Appendix B for more discussion of this issue.