The legislature may regulate a previously unregulated health profession only when the statutory criteria are met, and it must choose the least restrictive regulation that addresses the identified harm.
32-3103 - Regulation of health professions; legislation; criteria 32-3103 . Regulation of health professions; legislation; criteria A. Regulation shall not be imposed on any unregulated health profession for the purpose of prohibiting competition, but only for the exclusive purpose of protecting the public interest. All proposed legislation to regulate a health profession for the first time shall be reviewed according to the following criteria. A health profession shall be regulated by this state only if: 1. There is credible evidence that the unregulated practice of that health profession can clearly harm or endanger the public health, safety or welfare and the potential for harm is easily recognizable and not remote or dependent on tenuous argument. 2. The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability. 3. The public cannot be effectively protected by other means in a more cost-beneficial manner. B. After evaluating the criteria prescribed in subsection A of this section and considering governmental and societal costs and benefits, if the legislature finds that it is necessary to regulate a health profession not previously regulated by law, the legislature shall implement the least restrictive alternative method of regulation to address the specific harm or danger identified, consistent with the public interest and the following: 1. If existing common law and statutory civil actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation shall provide for stricter civil actions and criminal prohibitions. 2. If a service is being performed for individuals that involves a hazard to the public health, safety or welfare, the regulation shall impose inspection requirements and enable an appropriate state agency to enforce violations by injunctive relief in court. 3. If the threat to the public health, safety or economic well-being is relatively small as a result of the operation of the health profession, the regulation shall implement a system of registration. 4. If the consumer may have a substantial basis for relying on the services of a practitioner, the regulation shall implement a system of certification. 5. If it is apparent that adequate regulation cannot be achieved by means other than licensing, the regulation shall implement a system of licensing.