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Occupational and Professional Licensure Sunrise Task Force

MINUTES OF THE

OCCUPATIONAL AND PROFESSIONAL LICENSURE SUNRISE TASK FORCE

Tuesday, August 25, 1998 - 1:30 p.m. - Room 405 State Capitol


Members Present:
    Sen. L. Alma "Al" Mansell, Senate Chair
    Rep. David L. Gladwell, House Chair
    Sen. Michael Waddoups
    Rep. Trisha Beck
    Rep. Gary Cox
    Rep. Richard Walsh
    Rep. David L. Zolman, Sr.
    Mr. Randy Boudrero
    Mr. Wayne Samuelson


Members Excused:
    Sen. Mike Dmitrich
    Mr. Douglas Borba

Staff Present:
    Ms. Mary Catherine Perry,
        Research Analyst
    Mr. Keith Woodwell,
        Associate General Counsel
    Ms. Beverlee LeCheminant,
        Legislative Secretary

Note:    Copies of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Call to Order - Chair Gladwell called the meeting to order at 1:00 p.m.

2.    Task Force Business -

     MOTION: Rep. Cox moved to approve the minutes of the July 28, 1998 meeting. The motion passed unanimously. Reps. Beck and Walsh were absent for the vote.

3.    Staff Briefings -

    A.    Sunrise Review Body - Mr. Keith Woodwell, Associate General Counsel, gave a brief overview of the proposed Sunrise Review Committee and related constitutional issues from a recent Utah Supreme Court case, In re Young. Mr. Woodwell provided task force members with printed copies of his slide presentation and the In re Young opinion.

    Chair Gladwell suggested that the task force review the proposed membership of the Sunrise Review Committee in light of the In re Young opinion.

     MOTION: Sen. Mansell moved that the membership of the sunrise review committee include six legislators; three from the House and three from the Senate with no more than two from the same political party; four past members of any of DOPL's advisory boards; and three members from the general public who are not licensed by DOPL. A quorum will consist of seven members. One member of the House and one member of the Senate will serve as chairs. The motion passed unanimously.

     B.    Applications and Evaluation Criteria - Ms. Mary Catherine Perry, Research Analyst,
reviewed a compilation of applications for licensure and sunrise criteria from other states. She provided task force members with copies of the handout.
    Chair Gladwell asked task force members if they would like to give guidance to staff to prepare draft legislation for the next meeting or if they would like more time to study and review the issue with respect to the criteria.

    Rep. Zolman suggested that staff move ahead with drafting legislation.

     MOTION: Rep. Cox moved that the task force adopt the following sunrise criteria:

    1) the unregulated practice of the occupation or profession clearly harms or endangers the health, safety, or welfare of the public and the potential for harm is easily recognizable and not remote;
    2) the public needs, and can reasonably be expected to benefit from an assurance of initial and continuing professional or occupational competence;
    3) regulation of the profession or occupation does not impose significant new economic hardship on the public, significantly diminish the supply of qualified practitioners or otherwise create barriers to service that are not consistent with the public welfare or interest;
    4) the occupation requires possession of knowledge, skills, and abilities that are both teachable and testable;
    5) the occupation is clearly distinguishable from other occupations that are already regulated;
    6) the occupational or professional group has an established code of ethics, a voluntary certification program, or other measures to ensure a minimum quality of service; and
    7) the public cannot be adequately protected by any means other than regulation.

The motion passed unanimously.

4.    Task Force Discussion - Chair Gladwell indicated that the Sunrise Review Committee could also conduct sunset reviews. However, he expressed concern that if the committee becomes a sunrise/sunset body, it may add to the fiscal impact of the legislation. He said that the task force could include language in the legislation that limits the number of sunset reviews. He also suggested that the Legislative Management Committee could request audits of licensed professions by the Legislative Auditor's Office and refer those sunset reviews to the Sunrise Review Committee.

    Mr. Samuelson said the Sunrise Review Committee should be involved in the sunset process, but he expressed concern as to whether there is any way to actually make it happen.

    Mr. Craig Jackson, DOPL, explained that currently there is no independent review of professions who are up for sunsetting.

     MOTION: Sen. Waddoups moved that staff draft legislation to include sunset review authority for the Sunrise Review Committee. The motion passed unanimously with Rep. Cox absent for the vote.

    Chair Gladwell scheduled the next meeting for September 29th at 2:30 p.m.

5.    Adjourn -

     MOTION: Rep. Zolman moved to adjourn the meeting at 3:05 p.m. The motion passed unanimously with Rep. Cox absent for the vote.

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