Section 1 establishes definitions for purposes of the act.
Section 2, subdivision 1 provides that a person has a right to engage in a lawful occupation free from any substantial burden, unless the government demonstrates:
(1) it has a compelling interest in protecting against harm to public health or safety; and
(2) the occupational regulation is the least restrictive means of furthering that compelling interest.
Section 2, subdivision 2 gives a person the right to assert that an occupational regulation violates subdivision 1 as a defense in a proceeding to enforce an occupational regulation. A person may also bring an action for declaratory judgment or other equitable relief for a violation. A person who asserts a defense or brings an action under this section has the initial burden of proof. If that burden is met, the government must demonstrate by clear and convincing evidence that the government has a compelling interest in protecting against harm to public health or safety and that the regulation is the least restrictive means for furthering that interest.
Section 2, subdivision 3 directs a court to liberally construe the chapter to protect the right established in subdivision 1. The court may not grant any presumption to legislative or administrative determinations of harm to public health or safety or that the regulation is the least restrictive means of furthering that compelling interest.
Section 3 provides an exemption for occupational regulations of persons who are employees of the government or a fiduciary whose status is recognized in statute.
Section 4 provides that the right established by this chapter does not change the right to collective bargaining.