2018 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 9A - Sunrise Act
Section 12-9A-3 - Criteria for licensure and regulation.
In determining whether to enact legislation to create a new board or commission to provide for licensure or regulation of a profession or occupation that is currently not subject to state licensure or regulation, the legislature shall consider whether the following criteria are met:
A. unregulated practice of the profession or occupation will clearly harm or endanger the health, safety or welfare of the public, and the potential for harm is easily recognizable and not remote;
B. 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;
C. existing protections available to the consumer are insufficient, no alternatives to regulation will adequately protect the public and this licensure or regulation will provide that protection and mitigate the problems;
D. functions and tasks of the occupation or profession are clearly defined and the occupation or profession is clearly distinguishable from others already licensed or regulated;
E. the occupation or profession requires possession of knowledge, skills and abilities that are both teachable and testable and the practitioners operate independently and make decisions of consequence;
F. the public needs and can reasonably be expected to benefit from the assurance from the state of initial and continuing professional competence; and
G. the public cannot be effectively protected by other means in a more cost-effective manner.
History: Laws 1993, ch. 257, § 3.