(b) The commissioner shall adopt regulations regarding the payment of wages for work therapy. In adopting the regulations, the commissioner shall consider whether the work performed by the patient
- (1) is solely for the benefit of the patient and is that which is ordinarily carried on by patients in a residential treatment program;
- (2) would ordinarily be performed by full-time employees of the program;
- (3) is work that may produce income to the patient, other than wages;
- (4) produces goods or services the proceeds of which will economically or otherwise benefit the owners, operators, or businesses of the rehabilitation program; and
- (5) creates an unfair competition with private enterprise because of lower wage standards.