HB 634 Establishes certain requirements that must be met in order to regulate a previously unregulated occupation or profession

Current Bill Summary

- Prepared by Senate Research -

HCS/HB 634 - This act provides that the state shall not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. If an important governmental interest does exist, then the regulation adopted shall be substantially related to the public interest to be protected.

The act establishes certain criteria under which to review all bills purposing to regulate an occupation or profession not previously regulated. If the legislature determines that the state has an important interest in regulating the occupation or profession then the least restrictive type of regulation shall be implemented.

An applicant group, defined as an organization or individual that proposes that any occupation or profession be regulated, shall submit a written report to the applicable standing committees in the Senate and House of Representatives containing certain information as specified in the act including a definition of the problem and why regulation of the profession is necessary, harm to the public by not regulating the profession and efforts to address the harm caused, alternatives to the regulation, the benefit to the public if the regulation becomes law, and the expected costs of regulation.

The act states that practitioners actively engaged in a newly regulated occupation or profession for at least one year prior to the effective date of the regulation statute shall have a property right in their continued legal ability to engage in their occupation or profession. The decision of any newly created board or commission charged with regulating or licensing an occupation or profession to refuse licensure to a pre-existing practitioner shall be in writing, specify the reasons for denial, and inform the practitioner of the right to appeal before the Administrative Hearing Commission.

These provisions are substantially similar to provisions contained in HCS/SCS/SB 107 (2015), HCS/SS/SB 416 (2015), HCS/SCS/SB 146 (2015), and HCS/SS/SCS/SB 517 (2015).


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