2005 North Carolina Code - General Statutes § 120-149.1. Findings and purpose.

Article 18A.

Review of Proposals to License New Occupations and Professions.

§ 120‑149.1.  Findings and purpose.

The General Assembly finds that the number of licensed occupations and professions has substantially increased and that licensing boards have occasionally been established without a determination that the police power of the State is reasonably exercised by the establishment of such licensing boards.

The General Assembly further finds that by establishing criteria and procedures for reviewing proposed licensing boards, it will be better able to evaluate the need for new licensing boards.  To this end, it is the purpose of this Article to assure that no new licensing board shall be established unless the following criteria are met:

(1)       The unregulated practice of the profession or occupation can substantially harm or endanger the public health, safety or welfare, and the potential for such harm is recognizable and not remote or dependent upon tenuous argument;

(2)       The profession or occupation possesses qualities that distinguish it from ordinary labor;

(3)       Practice of the profession or occupation requires specialized skill or training;

(4)       A substantial majority of the public does not have the knowledge or experience to evaluate whether the practitioner is competent; and

(5)       The public is not effectively protected by other means; and

(6)       Licensure will not have a substantial adverse economic impact upon consumers of the practitioner's goods or services. (1987, c. 180, s. 1.)