UT Code § 36-23-107 (2021)
2021 Utah Code|Title 36 - Legislature|Chapter 23 - Occupational and Professional Licensure Review Committee Act|Section 107 - Sunrise or sunset review -- Criteria.

 Effective 5/9/2017  36-23-107. Sunrise or sunset review -- Criteria.    (1) In conducting a sunrise review or a sunset review under this chapter, the committee may:   (a) receive information from:   (i) representatives of the lawful occupation proposed to be newly regulated or that is subject to a sunset review;     (ii) the Division of Occupational and Professional Licensing; or     (iii) any other person; and       (b) review a proposal with or without considering proposed statutory language.       (2) When conducting a sunrise review or sunset review under this chapter, the committee shall:   (a) consider whether state regulation of the lawful occupation is necessary to address a compelling state interest in protecting against present, recognizable, and significant harm to the health or safety of the public;     (b) consider if the committee's recommendations to the Legislature would negatively affect the interests of members of the regulated lawful occupation, including the effect on matters of reciprocity with other states;     (c) if the committee determines that state regulation of the lawful occupation is not necessary to protect against present, recognizable, and significant harm to the health or safety of the public, recommend to the Legislature that the state not regulate the profession;     (d) if the committee determines that state regulation of the lawful occupation is necessary in protecting against present, recognizable, and significant harm to the health or safety of the public, consider whether:   (i) the proposed or existing statute is narrowly tailored to protect against present, recognizable, and significant harm to the health or safety of the public; and     (ii) a potentially less restrictive alternative to licensing, including state certification, state registration, or exemption, would avoid unnecessary regulation while still protecting the health and safety of the public; and       (e) recommend to the Legislature any necessary changes to the proposed or existing statute to ensure it is narrowly tailored to protect against present, recognizable, and significant harm to the health or safety of the public.       (3) In its performance of each sunrise review or sunset review, the committee may apply the following criteria, to the extent that it is applicable:   (a) whether the unregulated practice of the occupation or profession has clearly harmed or may harm or endanger the health, safety, or welfare of the public;     (b) whether the potential for harm or endangerment described in Subsection (3)(a) is easily recognizable and not remote;     (c) whether regulation of the occupation or profession will significantly diminish an identified risk to the health, safety, or welfare of the public;     (d) whether regulation of the lawful occupation:   (i) imposes significant new economic hardship on the public;     (ii) significantly diminishes the supply of qualified practitioners; or     (iii) otherwise creates barriers to service that are not consistent with the public welfare or interest;       (e) whether the lawful occupation requires knowledge, skills, and abilities that are:   (i) teachable; and     (ii) testable;       (f) whether the lawful occupation is clearly distinguishable from other lawful occupations that are already regulated;     (g) whether the lawful occupation has:   (i) an established code of ethics;     (ii) a voluntary certification program; or     (iii) other measures to ensure a minimum quality of service;       (h) whether:   (i) the lawful occupation involves the treatment of an illness, injury, or health care condition; and     (ii) practitioners of the lawful occupation will request payment of benefits for the treatment under an insurance contract subject to Section 31A-22-618;       (i) whether the public can be adequately protected by means other than regulation; and     (j) other appropriate criteria as determined by the committee.      Amended by Chapter 307, 2018 General Session, (Coordination Clause)Amended by Chapter 133, 2017 General SessionAmended by Chapter 272, 2017 General SessionAmended by Chapter 272, 2017 General Session, (Coordination Clause)