Sec. 403. Definitions
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/bill/117/s/2039/is/section-403·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title: The term certification means a voluntary program under which— a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use certified as a designated title with respect to the performance of a lawful occupation; and a non-certified individual may perform the lawful occupation for compensation but may not use the title certified .
The term good faith , with respect to performance— means diligent performance that is directed towards achieving the policies set forth in this title; does not include performance that is— designed to subvert or evade the policies set forth in this title; or carried out in a manner that has the systematic effect of subverting or evading the policies set forth in this title; and refers to an objective, rather than subjective, standard. The term lawful occupation means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling the goods or services is subject to occupational licensing laws.
The term least restrictive regulation means, from least to most restrictive: One or more of the following, each of which shall be considered equally restrictive: Market competition. Industry or consumer-related ratings and reviews. Private certification. A specific private civil cause of action to remedy consumer harm. A deceptive trade practice act. A regulation of the process of providing the specific goods or services to consumers. Inspections. Bonding or insurance. Registration.
Government certification. Specialty occupational license for medical reimbursement. Occupational license. The term less restrictive alternatives to occupational licensing — means regulations that achieve the public health or safety goals asserted by the government to justify licensing while imposing a less onerous restriction on entry into the marketplace; and includes the alternative forms of regulation described in paragraph (4)(A). The term member, officer, or employee , with respect to an occupational licensing board, means an individual appointed by a State to the board.
The term occupational license means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the State government. The term occupational licensing board or board means an entity established under State law— the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation; that has authority conferred by State law to interpret or enforce the occupational licensing laws of the State; and not less than 2/3 of the members of which are appointed by an elected official of the State.
The term occupational licensing law — means a State statute that allows an individual to work in a lawful occupation and use an occupational title; and does not include a business license, facility license, building permit, or zoning and land use regulation, except to the extent that the law regulates an individual’s personal qualifications to engage in or practice a lawful occupation. The term occupational regulation — means a statute, rule, practice, policy, or other law that substantially burdens an individual’s ability to work in a lawful occupation; includes a regulation requiring registration, certification, or an occupational license; and does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual’s ability to work in a lawful occupation.
The term personal qualifications means criteria related to an individual’s personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education. The term registration means a requirement that an individual give notice to the government of a State that may include— the individual’s name and address; the individual’s agent for service of process; the location of the activity to be performed; and a description of the service the individual provides.
The term specialty occupational license for medical reimbursement means a nontransferable authorization in law for an individual to qualify for payment or reimbursement from a government agency for the non-exclusive provision of medical services based on meeting personal qualifications established by the State legislature. The term State means— each of the several States; and the District of Columbia.