In 2018, Virginia's governor issued an executive order for the Department of Professional and Occupational Regulation, the Department of Criminal Justice Services, and other Executive branch departments to reduce regulations by 25% in three years. Virginia's new governor has indicated deregulatory measures as a priority, supporting bills to analyze current regulations and remove unnecessary ones. He has issued an Executive Directive "to initiate regulatory processes to reduce by at least 25 percent the number of regulations not mandated by federal or state statute." The Directive also calls for a report from the Secretary of Finance about documentation of legislative mandates that direct agencies to promulgate regulatory requirements, whether exemptions from the Administrative Process Act should continue, and what efforts are needed to ensure consistency across agencies in the approach to regulatory development and review.
January 26, 2022
Update: Oregon Supreme Court supports alternative pathways for attorney licensure
The Oregon Supreme Court has unanimously supported recommendations from the state Board of Bar Examiners for two alternative pathways to licensure in lieu of the Uniform Bar Exam. An experiential learning pathway for students could require 15 experiential credits and a capstone project. A postgraduate supervised legal practice pathway could require 1,500 hours of supervised legal practice to become licensed. The Board of Bar Examiners will appoint a committee to establish specific criteria and get input from the public.
CSG releases report on Universal License Recognition Laws
The Council of State Governments National Center for Interstate Compacts has released a report of survey results about Universal License Recognition (ULR) policies in Arizona, Colorado, Idaho, Iowa, Missouri, Montana, and Pennsylvania (states that have implemented ULR prior to 2020). The report gives an overview of the state's universal licensure laws and shares respondents' comments about benefits, challenges, and unintended consequences of the policy. The report concludes that ULR policies do allow states to reduce barriers to licensure, but clearer language is needed regarding determination of substantial equivalence, and digitized licensing systems would help ease the burden of implementation.
Florida Senate considers bill for condo inspections
A bill under consideration by the Florida Senate would establish stricter requirements for inspections of condominiums, following the June 2021 collapse of Champlain Towers South condo. Under the requirements, buildings above certain height, square footage and age would need to be inspected by a licensed architect or engineer, first as a visual inspection and then, as needed, a structural distress inspection. A task force has raised concern that there are not enough structural engineers to meet increased inspection demand. Another proposal would require the Department of Business and Professional Regulation to create a public database of condo management companies and board members and reports from inspections.
Vermont adopts Foreign Credentialing Rules
The Vermont Office of Professional Regulation has adopted Foreign Credentialing Rules as a means to determine if license applicants trained outside the US meet requirements for a Vermont license. The Office of Professional Regulation will utilize third-party evaluators to determine equivalency of an applicant's foreign work experience, education, training, and exams. If deemed equivalent, the applicant will be able to apply for licensure by endorsement, waiving US formal education, training, and exams.
January 20, 2022
Year-in-Review: 2021 Regulatory News Trends
CLEAR’s Regulatory News blog strives to bring you news and updates about what’s going on in the professional and occupational regulation arena. What were some of the trends we saw in 2021? The following is not a ranking of importance or an exhaustive list, but here are some of the themes we reported on in 2021:
- Disciplining practitioners for COVID mis/disinformation,
- Mobility,
- DEI and discrimination in regulation,
- Reducing barriers to licensure,
- Licensure issues for veterans and military members, and
- Telepractice.
Read the full year-in-review article
CLEAR will be releasing a podcast episode in February to review trends in professional regulation and hear reactions and further examples from international perspectives.
January 19, 2022
Attorneys General support state regulation of over-the-counter hearing aids
The US Food and Drug Administration is considering a proposal for a new category of over-the-counter hearing aids that could be sold directly to consumers without a medical exam or fitting by an audiologist. A coalition of 42 states and territories has submitted a letter urging the FDA to "clarify the impact of the proposed rule on state regulations related to all hearing aids," especially as related to consumer protections such as mandatory warranties, returns, and advertising restrictions.
Survey confirms COVID-19 impact on pharmacy operations
A survey conducted by the American Pharmacists Association shows that high patient demand and staffing shortages are affecting pharmacists' ability to safely administer COVID vaccines. 27% of respondents reported that they had closed or reduced hours due to staffing shortages. 78% of respondents indicated workload exhaustion during the pandemic (up from 22% prior to the pandemic). 40% indicated that they did not have adequate support staff to safely offer COVID vaccinations.
Canada: new federal law about intimidation of healthcare workers
A new federal law has come into effect in Canada making it illegal to intimidate a health professional in order to impede them from providing care or to intimidate a patient in order to impede them from obtaining health services. An offense against a person providing health services or against a person impeding them from obtaining health services can now be an aggravating sentencing factor for any offense.
Illinois: IDFPR releases report on military licensure supports
The Illinois Department of Financial and Professional Regulation has released the "Annual Report on Expedited Licensure Review for Military Service Members and Spouses for 2021." In 2021, the military liaison assisted 862 military members and their spouses, more than triple of 2020 figures. The professions with the highest number of applications were registered nurses, unarmed security guards, physicians and surgeons, dentists, and cosmetologists.
