Bill Text: MN HF779 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Occupational licensure; right to engage in an occupation stated, and conditions for government regulation of occupations specified.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-03 - Introduction and first reading, referred to Health and Human Services Reform [HF779 Detail]
Download: Minnesota-2011-HF779-Introduced.html
1.2relating to occupational licensure; stating a right to engage in an occupation;
1.3specifying conditions for government regulation of occupations;amending
1.4Minnesota Statutes 2010, section 214.01; proposing coding for new law as
1.5Minnesota Statutes, chapter 213.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [213.01] RIGHT TO ENGAGE IN AN OCCUPATION.
1.8 Subdivision 1. Definition. In this chapter, "government" means the government
1.9of this state or any political subdivision.
1.10 Subd. 2. Right to engage in an occupation. (a) An individual may engage in a
1.11legal occupation without being subject to statutes, administrative rules, and governmental
1.12policies that regulate the occupation that are arbitrary, unnecessary, or substantially
1.13burdensome.
1.14(b) No government shall require an occupational license, certification, registration,
1.15or other occupational regulation that imposes a substantial burden on the person unless the
1.16government demonstrates that it has a compelling interest in protecting against present and
1.17recognizable harm to the public health and safety, and the regulation is the least restrictive
1.18means to furthering that compelling government interest.
1.19 Subd. 3. Defense and relief. (a) An individual may assert as a defense in any
1.20administrative or judicial proceeding to enforce a statute or administrative rule that the
1.21standard required by subdivision 2, paragraph (b), has not been met.
1.22(b) An individual may bring an action for declaratory judgment or injunctive or other
1.23equitable relief for a violation of subdivision 2.
1.24(c) An individual who brings an action or asserts a defense under this section has
1.25the initial burden of proof that the statute or administrative rule or a government practice
2.1related to the statute or rule substantially burdens the individual's right to engage in an
2.2occupation not prohibited by law.
2.3(d) If the individual meets the burden of proof under paragraph (c), the government
2.4must then demonstrate by clear and convincing evidence that the government has a
2.5compelling interest in protecting against present and recognizable harm to the public
2.6health and safety, and the regulation is the least restrictive means for furthering that
2.7compelling governmental interest.
2.8 Subd. 4. No change in labor law. The right established by this section does not
2.9change the right to collective bargaining.
2.10 Subd. 5. Judicial determination. A district court shall liberally construe this
2.11statute to protect the right established in subdivision 2, paragraph (a). A district court
2.12shall make its own findings of fact and conclusions of law. It shall not rely on legislative
2.13findings of fact not presented in admissible form to the district court. It shall not grant any
2.14presumption to legislative determinations of harm to the public health and safety or that
2.15the regulation is the least restrictive means to further a compelling government interest.
2.16 Sec. 2. Minnesota Statutes 2010, section 214.01, is amended to read:
2.17214.01 DEFINITIONS.
2.18 Subdivision 1. Application. The words defined in this section for purposes of this
2.19chapter have the meanings given them unless the context clearly requires otherwise.
2.20 Subd. 1a. Council of Health Boards. "Council of Health Boards" means a
2.21collaborative body established by the health-related licensing boards.
2.22 Subd. 1b. Certification. "Certification" means a voluntary process by which the
2.23legislature establishes the criteria to grant recognition to a person who (1) has met certain
2.24predetermined qualifications and (2) may use "certified" as a designated title. Use of the
2.25title certified by a person who is not certified is unlawful. "Certification" is the middle
2.26form of occupational regulation. Noncertified persons may also perform the occupation
2.27for compensation.
2.28 Subd. 2. Health-related licensing board. "Health-related licensing board" means
2.29the Board of Examiners of Nursing Home Administrators established pursuant to section
2.30144A.19
, the Office of Unlicensed Complementary and Alternative Health Care Practice
2.31established pursuant to section146A.02 , the Board of Medical Practice created pursuant
2.32to section147.01 , the Board of Nursing created pursuant to section
148.181 , the Board of
2.33Chiropractic Examiners established pursuant to section148.02 , the Board of Optometry
2.34established pursuant to section148.52 , the Board of Physical Therapy established pursuant
2.35to section148.67 , the Board of Psychology established pursuant to section
148.90 , the
3.1Board of Social Work pursuant to section148D.025 , the Board of Marriage and Family
3.2Therapy pursuant to section148B.30 , the Office of Mental Health Practice established
3.3pursuant to section148B.61 , the Board of Behavioral Health and Therapy established by
3.4section148B.51 , the Board of Dietetics and Nutrition Practice established under section
3.5148.622
, the Board of Dentistry established pursuant to section
150A.02 , the Board
3.6of Pharmacy established pursuant to section151.02 , the Board of Podiatric Medicine
3.7established pursuant to section153.02 , and the Board of Veterinary Medicine established
3.8pursuant to section156.01 .
3.9 Subd. 2a. License. "License" means a nontransferable authorization to perform an
3.10occupation for compensation based on meeting predetermined qualifications established
3.11by the legislature such as (1) satisfactory completion of an approved education or training
3.12program and (2) acceptable performance on a qualifying examination or series of
3.13examinations. "Licensing" or "licensure" means authorization to engage in an occupation
3.14for compensation which would otherwise be unlawful in the absence of such authorization.
3.15A license is the most restrictive form of occupational regulation.
3.16 Subd. 3. Non-health-related licensing board. "Non-health-related licensing
3.17board" means the Board of Teaching established pursuant to section122A.07 , the Board
3.18of Barber Examiners established pursuant to section154.001 , the Board of Cosmetologist
3.19Examiners established pursuant to section155A.20 , the Board of Assessors established
3.20pursuant to section270.41 , the Board of Architecture, Engineering, Land Surveying,
3.21Landscape Architecture, Geoscience, and Interior Design established pursuant to section
3.22326.04
, the Private Detective and Protective Agent Licensing Board established pursuant
3.23to section326.33 , the Board of Accountancy established pursuant to section
326A.02 , and
3.24the Peace Officer Standards and Training Board established pursuant to section626.841 .
3.25 Subd. 4. Occupational regulations. "Occupational regulations" means registration,
3.26certification and licensing, statutes, administrative rules, and practices.
3.27 Subd. 5. Registration. "Registration" means a voluntary process established by the
3.28legislature in which a person (1) may submit notification to a state agency and (2) may use
3.29"registered" as a designated title. Notification to a state agency may include the person's
3.30name and address, the person's agent for service of process, the location of the activity
3.31to be performed, and a description of the service the person provides. Use of the title
3.32"registered" by a person who is not registered is unlawful. The term does not include a
3.33requirement to post a bond or other security. "Registration" is the least restrictive form
3.34of occupational regulation. Nonregistered persons may also perform the occupation for
3.35compensation.
1.3specifying conditions for government regulation of occupations;amending
1.4Minnesota Statutes 2010, section 214.01; proposing coding for new law as
1.5Minnesota Statutes, chapter 213.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [213.01] RIGHT TO ENGAGE IN AN OCCUPATION.
1.8 Subdivision 1. Definition. In this chapter, "government" means the government
1.9of this state or any political subdivision.
1.10 Subd. 2. Right to engage in an occupation. (a) An individual may engage in a
1.11legal occupation without being subject to statutes, administrative rules, and governmental
1.12policies that regulate the occupation that are arbitrary, unnecessary, or substantially
1.13burdensome.
1.14(b) No government shall require an occupational license, certification, registration,
1.15or other occupational regulation that imposes a substantial burden on the person unless the
1.16government demonstrates that it has a compelling interest in protecting against present and
1.17recognizable harm to the public health and safety, and the regulation is the least restrictive
1.18means to furthering that compelling government interest.
1.19 Subd. 3. Defense and relief. (a) An individual may assert as a defense in any
1.20administrative or judicial proceeding to enforce a statute or administrative rule that the
1.21standard required by subdivision 2, paragraph (b), has not been met.
1.22(b) An individual may bring an action for declaratory judgment or injunctive or other
1.23equitable relief for a violation of subdivision 2.
1.24(c) An individual who brings an action or asserts a defense under this section has
1.25the initial burden of proof that the statute or administrative rule or a government practice
2.1related to the statute or rule substantially burdens the individual's right to engage in an
2.2occupation not prohibited by law.
2.3(d) If the individual meets the burden of proof under paragraph (c), the government
2.4must then demonstrate by clear and convincing evidence that the government has a
2.5compelling interest in protecting against present and recognizable harm to the public
2.6health and safety, and the regulation is the least restrictive means for furthering that
2.7compelling governmental interest.
2.8 Subd. 4. No change in labor law. The right established by this section does not
2.9change the right to collective bargaining.
2.10 Subd. 5. Judicial determination. A district court shall liberally construe this
2.11statute to protect the right established in subdivision 2, paragraph (a). A district court
2.12shall make its own findings of fact and conclusions of law. It shall not rely on legislative
2.13findings of fact not presented in admissible form to the district court. It shall not grant any
2.14presumption to legislative determinations of harm to the public health and safety or that
2.15the regulation is the least restrictive means to further a compelling government interest.
2.16 Sec. 2. Minnesota Statutes 2010, section 214.01, is amended to read:
2.17214.01 DEFINITIONS.
2.18 Subdivision 1. Application. The words defined in this section for purposes of this
2.19chapter have the meanings given them unless the context clearly requires otherwise.
2.20 Subd. 1a. Council of Health Boards. "Council of Health Boards" means a
2.21collaborative body established by the health-related licensing boards.
2.22 Subd. 1b. Certification. "Certification" means a voluntary process by which the
2.23legislature establishes the criteria to grant recognition to a person who (1) has met certain
2.24predetermined qualifications and (2) may use "certified" as a designated title. Use of the
2.25title certified by a person who is not certified is unlawful. "Certification" is the middle
2.26form of occupational regulation. Noncertified persons may also perform the occupation
2.27for compensation.
2.28 Subd. 2. Health-related licensing board. "Health-related licensing board" means
2.29the Board of Examiners of Nursing Home Administrators established pursuant to section
2.31established pursuant to section
2.32to section
2.33Chiropractic Examiners established pursuant to section
2.34established pursuant to section
2.35to section
3.1Board of Social Work pursuant to section
3.2Therapy pursuant to section
3.3pursuant to section
3.4section
3.6of Pharmacy established pursuant to section
3.7established pursuant to section
3.8pursuant to section
3.9 Subd. 2a. License. "License" means a nontransferable authorization to perform an
3.10occupation for compensation based on meeting predetermined qualifications established
3.11by the legislature such as (1) satisfactory completion of an approved education or training
3.12program and (2) acceptable performance on a qualifying examination or series of
3.13examinations. "Licensing" or "licensure" means authorization to engage in an occupation
3.14for compensation which would otherwise be unlawful in the absence of such authorization.
3.15A license is the most restrictive form of occupational regulation.
3.16 Subd. 3. Non-health-related licensing board. "Non-health-related licensing
3.17board" means the Board of Teaching established pursuant to section
3.18of Barber Examiners established pursuant to section
3.19Examiners established pursuant to section
3.20pursuant to section
3.21Landscape Architecture, Geoscience, and Interior Design established pursuant to section
3.23to section
3.24the Peace Officer Standards and Training Board established pursuant to section
3.25 Subd. 4. Occupational regulations. "Occupational regulations" means registration,
3.26certification and licensing, statutes, administrative rules, and practices.
3.27 Subd. 5. Registration. "Registration" means a voluntary process established by the
3.28legislature in which a person (1) may submit notification to a state agency and (2) may use
3.29"registered" as a designated title. Notification to a state agency may include the person's
3.30name and address, the person's agent for service of process, the location of the activity
3.31to be performed, and a description of the service the person provides. Use of the title
3.32"registered" by a person who is not registered is unlawful. The term does not include a
3.33requirement to post a bond or other security. "Registration" is the least restrictive form
3.34of occupational regulation. Nonregistered persons may also perform the occupation for
3.35compensation.
