§ 120-149.1. Findings and purpose. - North Carolina Statutes

Article18A.

Review of Proposals toLicense New Occupations and Professions.

§ 120‑149.1.  Findingsand purpose.

The General Assembly findsthat the number of licensed occupations and professions has substantiallyincreased and that licensing boards have occasionally been established withouta determination that the police power of the State is reasonably exercised bythe establishment of such licensing boards.

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

(1)        The unregulatedpractice of the profession or occupation can substantially harm or endanger thepublic health, safety or welfare, and the potential for such harm isrecognizable and not remote or dependent upon tenuous argument;

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

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

(4)        A substantialmajority of the public does not have the knowledge or experience to evaluatewhether the practitioner is competent; and

(5)        The public is noteffectively protected by other means; and

(6)        Licensure will nothave a substantial adverse economic impact upon consumers of the practitioner'sgoods or services. (1987, c. 180, s. 1.)