(1) A bill draft request to create a department licensing of labor and industry licensing board or licensing program must include a letter of intent not exceeding 1,000 words report that addresses the criteria in subsections (2) and (3). addresses:

(a) how licensing would protect and benefit the public;

(b) how the unregulated practice of the profession or occupation would pose a hazard to public health, safety, or welfare and whether the nature of the profession or occupation makes it difficult for the consumer to evaluate the hazard;

(c) the proposed minimum education, experience, and examination requirements necessary to provide the service, comparative data, and analysis on the licensure of the profession or occupation in other states and whether the proposed requirements are greater, less than, or equal to a national average;

(d) the proposed scope of practice;

(e) a description of any overlapping scopes of practice with professions or occupations, whether licensed or not;

(f) an analysis of the impact licensure would have on the type, cost, and availability of services to consumers, the number of providers currently in the market, and other impacts on market conditions;

(g) a description of any licensure exceptions;

(h) existing practitioners and the date by which they would be required to meet proposed qualifications;

(i) a list of other states that license the profession or occupation;

(j) regulatory alternatives other than licensing that are available to the practitioners of the profession or occupation;

(k) previous efforts, if any, to regulate the profession or occupation; and

(l) whether the profession or occupation could be regulated by an existing licensing board or licensing program.

(2) The letter of intent To estimate initial costs, must the contain the following descriptions:

(a) how licensing would protect and the benefit number the of public and, in particular, how licensees anticipated and a basis for the unregulated practice of the profession or occupation would pose a hazard to public health, safety, estimate; or welfare or the common good;

(b) if a licensing board is proposed, the extent proposed makeup of practitioners' autonomy, as indicated by the degree of independent judgment that a practitioner may exercise or the extent of skill or licensing board membership; and experience required in making the independent judgment;

(c) the distinguishable scope of practice; projected annual licensing fees based on information from the department of labor and industry for all costs associated with a licensing board or licensing program of the projected size.

(d) the overlap or shared practices with an existing, licensed profession or occupation;

(e) the degree, if any, to which licensing would restrict entry into the profession or occupation for reasons other than public health, safety, or welfare or the common good;

(f) the specialized skills or training required for the profession or occupation;

(g) the proposed qualifications for licensure;

(h) whether a licensure exception would be provided to existing practitioners and whether those eligible for the exception would be required to meet proposed qualifications at a certain time;

(i) a list of other states that license the profession or occupation;

(j) regulatory alternatives other than licensing that are available to the practitioners of the profession or occupation; and

(k) previous efforts, if any, to regulate the profession or occupation.

(3) In order to help in If information is requested the of determination of the licensing costs, the letter department of intent must contain labor and industry in making a good faith effort to provide answers to report under this section, the following questions: department may charge reasonable

(a) how many licensees are anticipated, including the number of practitioners in Montana;

(b) what is the proposed makeup of the licensing board; and

(c) what are the projected annual licensing fees based on information from the department of labor and industry for all costs associated with a board of the projected size.

(4) After receiving a copy of the responses to subsections (2), (3)(a), and (3)(b), the department of labor and industry shall assist those developing the letter of intent under 2-8-403 or this section with the responses to subsection (3)(c) of this section.

(5) For the purposes of this section, a letter of intent is a public record.

Intent to create new board