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Committee introduces measure to limit new licensures by rule, proposes universal occupational practice language

2978913 · January 31, 2025
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Summary

Representative Jeff Ehlers introduced RS32139 to bar creation of new professional licensures by administrative rule, require licensure fees be set in statute or rule, and add a provision authorizing licensed professionals to perform tasks consistent with their training.

Representative Jeff Ehlers introduced a proposed rule‑setting change and an industry practice clarification, asking the House Health & Welfare Committee to introduce RS32139.

Ehlers said the draft contains three core provisions: a prohibition on creating new licensures through administrative rule or policy unless authority already exists; a requirement that licensure fees be established in statute or rule rather than at the director’s discretion; and a new section on “universal occupational and professional licensing” that would allow a licensed professional who has been educated, trained and experienced in an act to perform that act when consistent with their license.

"No new licensors will be done created through administrative rule or policy, unless they already have the authority to do that," Ehlers said. He added the goal is to ensure changes go through "the regular legislative process." He also said fee setting in rule alone can remove public input and place too much discretion with department leadership.

Committee members offered brief procedural and clarifying remarks before voting to introduce the RS. Representative Wheeler moved to introduce RS32139 and asked to speak to the motion; no second was recorded on the transcript. Chairman VanderWaata called the voice vote and said the motion passed.

The committee did not take final action on the underlying policy; the proceeding recorded is an introduction motion to schedule a full hearing. Ehlers said he would stand for questions at the hearing and did not offer draft statutory citations during the introduction.

The transcript shows the discussion and vote occurred during the committee’s roll‑call and introductory business; no formal amendments or fiscal notes were presented at the introduction.

Votes at introduction: motion to introduce RS32139 — moved by Representative Wheeler; outcome: approved by voice vote (tally not specified).