37-1-142. (Temporary) Review of licensing boards -- termination. (1) (a) The interim committee responsible for monitoring professional and occupational licensing boards shall in each interim review one-half of the licensing boards to determine whether the boards remain necessary for a public purpose and meet the criteria in subsection (2). A board that does not meet the criteria may be referred to the next legislature to be terminated on June 30 following the legislative session.
     (b) The review in the first interim after May 5, 2011, must start with the oldest established boards. The review in the second interim after May 5, 2011, must include the remaining boards. This review process must be repeated in the subsequent two interims.
     (2) The criteria to be used to determine if a board meets a public purpose includes information describing whether:
     (a) the unregulated practice of the occupation or profession creates a direct, immediate hazard to the public health, safety, or welfare;
     (b) the scope of practice is readily identifiable and distinguishable from the scope of practice of other professions and occupations;
     (c) the occupation or profession requires a specialized skill or training for which nationally recognized standards of education and training exist;
     (d) qualifications for licensure are justified;
     (e) a public benefit is provided by licensure;
     (f) licensure significantly increases the cost of service to the public; and
     (g) public support exists for licensure.
     (3) After a presentation and public comment during the review before the interim committee, the interim committee shall report to the legislature convening in the next odd-numbered year which boards, if any, fail to meet a majority of the criteria in subsection (2) and may recommend termination. The recommendation also must include information from the department regarding the board's ability to remain solvent or achieve fiscal solvency as provided in 37-1-101. (Terminates December 31, 2018--sec. 4, Ch. 330, L. 2011.)

     History: En. Sec. 1, Ch. 330, L. 2011.