CLEAR

Report claims real estate CE requirements limit competition, fail to improve quality

A study by the Beacon Hill Institute at Suffolk University claims that the introduction of continuing education requirements for Massachusetts real estate licensees more than 10 years ago resulted in a 58 per cent reduction in the number of real estate agents and has failed to improve the quality of service. In 1999, the state legislature approved a requirement that real estate agents must complete 12 hours of continuing education classes every two years to be eligible for license renewal. Those failing to meet this requirement are placed on in-active lists and may only make referrals to licensed agents.

Press Release (PDF)
Executive Summary (PDF)
Complete Study (PDF)

Report warns of delays to implementation of Australian national licensing program

The Council of Australian Governments (COAG) Reform Council, has warned of potential delays to the national licensing program due to be launched for several occupations on July 1, 2012. In a report on the move to a national system for several sectors (electrical, maritime, air conditioning and refrigeration, building, passenger and dangerous goods vehicle driving, plumbing and gasfitting, and property agents), concern is expressed that state governments have not adhered to the implementation timetable necessary for launch in July. The report cites “Uncertainty regarding some jurisdictions’ participation in the national system and legislative variations [which] raise a risk that [it] may not be achieved.” If the problems can be resolved and a launch takes place in 2012, a second series of trade professions are to move to a national system in 2013.

Report overview.

Indiana deregulation bill withdrawn

Indiana House Bill 1006, the provisions of which included the deregulation of cosmetologists and barbers, dietitians, hearing aid dealers, private investigator firms, and security guards, has been removed from consideration by the state's legislature. The bill's author, Representative David Wolkins, remarked, “After the committee meeting was held, I met with several members of (the Regulatory Occupational Evaluation Committee) and state legislators to discuss possible amendments or changes. One of those amendments included not eliminating the State Board of Cosmetology and Barber Examiners but make slight changes to how the licensing is done,” Wolkins said. “Saying that, even though I agree with the overall goal of the legislation — that being less government involvement — understand that this is not the year to do it, and this is not the legislation to do it with." He added, “I decided to withdraw the bill because we can do better.”

Bill text.

Utah bill would allow unused prescription medicine to be collected and destroyed at pharmacies

Utah's House Business and Labor Committee has approved House Bill 306, which would require the Division of Occupational and Professional Licensing to permit unused prescription drugs to be disposed of and collected at the state's pharmacies, pending the development of rules by the federal government. New rules are expected next month, following a revision to federal rules that had required the presence of a law enforcement officer at disposal sites.

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New Jersey central agency reorganizes enforcement bureau to tackle prescription drug abuse

New Jersey Attorney General Jeffrey S. Chiesa has announced a reorganization of the Division of Consumer Affairs Enforcement Bureau, in a bid to better tackle prescription drug diversion and abuse. The reorganization sees the bureau made up of: 1) a Drug Diversion Section, which investigates the distribution and diversion of prescription drugs; prescribing and dispensing; prescription fraud; and the enforcement of bans; 2)Pharmacy Inspection Section; and 3)Quality of Healthcare Section which conducts investigations from the Boards of Medical Examiners and Nursing, including impairment and practitioner-use, as well as health insurance fraud. The bureau also includes General Investigations and General Inspections sections.

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Georgia Secretary of State proposes overhaul of licensing system

Brian Kemp, Georgia's Secretary of State, is proposing an overhaul of the state's licensing arrangements, with a plan to remove licensing and rulemaking authority from all 43 boards. Under the plan, licenses will be issued without the need for board approval, while rulemaking authority will transfer to a newly-created Georgia Board of Licensing Regulation, which will also oversee the regulatory activities undertaken by the secretary of state's office. Secretary Kemp suggests benefits will include reduced application times for licensure (down to a week from 25 days now) and an expedited compliance and discipline process. Licensing boards would focus on providing technical expertise to the Secretary of State's licensing staff, and would be expected to meet half as frequently as is currently the case.

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President's Message by Bruce Matthews

I have recently returned from the CLEAR Mid-Year Business Meetings in Charleston, South Carolina, and I was thrilled by the dedication and enthusiasm shown by our volunteers and the committee leadership.  It was a very productive few days, and I am extremely grateful for all of the hard work of the almost 70 individuals who were able to attend.  I always come back from CLEAR events – conferences and business meetings alike – reinvigorated and full of energy regarding my role as a professional regulator and the critical work we do in serving and protecting the public interest.  There’s nothing like kicking off the New Year with a shot of regulatory adrenaline!  I am particularly enthused about the program for the 2012 Annual Educational Conference and Exhibition in San Francisco.  It’s shaping up to be a “don’t miss” event.

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Florida lawmakers consider deregulation of professions

Florida Governor Rick Scott and top legislators will look this legislative season to introduce bills aimed at reducing professional licensure requirements for interior designers and auctioneers, among others.  Supporters of the bills cite regulation as on of the primary obstacles to job growth.

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New Jersey launches prescription drug monitoring program

The state Division of Consumer Affairs has launched the New Jersey Prescription Monitoring Program, a searchable database that includes detailed information about the sale of high-risk drugs dispensed by New Jersey pharmacies or by out-of-state pharmacies dispensing into New Jersey.  State-licensed prescribers and pharmacists can obtain free accounts to search the database for the purpose of providing healthcare to current patients.  An expansion of the database in May will allow analysis of geographic areas or physicians who prescribed large quantities of certain drugs.

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Indiana proposes de-regulation of barbers and cosmetologists, among others

Indiana HB 1006 would eliminate licensure requirements for barbers and cosmetologists, dieticians, hearing aid dealers, private investigators, and security guards.  The bill is in response to the recommendation from the General Assembly's Regulated Occupations Evaluation Committee.

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