A new law in Utah transfers sunrise review authority from a reviewer in the legislative branch to a dedicated Office of Professional Licensure Review within the Department of Commerce. The Office will review any proposed new occupational licenses and provide independent research and analysis to the Utah legislature. The Office will also review every existing occupational license program at least once every ten years to determine if regulations are still necessary for public protection.
March 30, 2022
North Carolina: pharmacists can report working conditions to board
Recent reports have highlighted challenges for pharmacists working at understaffed facilities and facing higher demand for services during the COVID-19 pandemic. The North Carolina Board of Pharmacy has created a complaint form for pharmacists "to report working conditions in their pharmacy that they believe are creating a threat to public health and safety." The Board will then investigate these complaints. The form asks about the number of staff, pharmacist to technician ratio, extra hours required to catch up on tasks, vaccination and COVID testing volume and responsibilities, prescription backlog and number of prescription fulfillments required per hour, and support from pharmacy management.
Indiana State Nursing Assistance Program found to violate ADA
The US Department of Justice has found that the Indiana State Board of Nursing violates the Americans with Disabilities Act by prohibiting nurses who are prescribed medication for opioid use disorder from participating in their Nursing Assistance Program. The rehabilitation and monitoring program is often required for nurses with substance use disorders if they wish to maintain or reinstate their license. The Justice Department ruled that "recovery and monitoring programs must allow individuals to use proven medications that support their recovery, including prescribed medications that treat opioid use disorder." The Nursing Board has been directed to eliminate the ban on program participants using medication to treat OUD and to train all staff and vendors about OUD and the nondiscrimination requirements of the ADA.
March 28, 2022
Changes to the CPA Exam: focus on evolving competencies and technologies
In conjunction with the CPA Evolution initiative, the National Association of State Boards of Accountancy and the American Institute of Certified Public Accountants have announced a transition policy for changes to the CPA exam. Candidates completing their requirements by December 31, 2023 will not be impacted by the changes. Candidates still working on requirements in January 2024 and beyond will transition to the new exam. Changes tot he exam are in response to employer needs for new CPAs to possess greater skill sets and competencies and a greater knowledge of emerging technologies. In July, the Exposure Draft of the 2024 CPA Exam will be released, outlining the content and skills proposed for each new section of the exam.
Interested to hear more about how regulators can better align their licensure model to address the competencies and tech-knowledge required of the future licensee? Join us for a webinar where NASBA discusses why a new model was needed, the process to develop the new model, and getting buy-in for the new model.
March 23, 2022
Opinion article on downgrading professional licensing
An opinion piece published on governing.com highlights recent economic research on occupational licensure as a counter to the argument for "downgrading" professional licensure. The research from Oxford Economics and the Alliance for Responsible Professional Licensing shows that licensure is associated with 6.5% higher wages on average and that licensure narrows the gender wage gap by one-third and the racial wage gap by one-half in fields requiring advanced education and training. The article makes a distinction between occupational licensing and professional licensing, urging that one size does not fit all for licensing reform.
Ohio: testimony supporting universal occupational licensing recognition
The Buckeye Institute has submitted testimony to the Ohio House in support of House Bill 509:
"Some of the bill’s changes with respect to funeral directors and embalmers, for example, should help streamline apprenticeship opportunities for those looking to enter the field. The bill wisely eliminates many temporary licenses; aligns more closely with continuing education requirements for pharmacists; and makes fees, continuing education and licensing renewal for school psychologists more consistent with those in surrounding states. These changes along with universal licensing recognition for out-of-state licenses, will improve Ohio’s overall occupational licensure environment, making the state fairer and more attractive to professionals."
Wisconsin: Capitol hearing highlights license backlog
In testimony before the Assembly Committee on Regulatory Licensing Reform, representatives from psychology, social work, physical therapy, occupational therapy, chiropractic, marriage and family therapy, and private security spoke of delays and backlog for licensure applications. Testimony noted that license applications have more than doubled in less than a decade, with the trend expected to continue. Representatives of the professions called on the Legislature to grant budget requests to add staff to the Department of Safety and Professional Standards. Testimony from the DSPS liaison noted that $37 million of the department's revenue is diverted back to the state's general fund.
Ontario: debate over articling student compensation
Th Law Society of Ontario's Professional Development and Competence Committee issued a November 2021 report recommending not to compensate articling students' minimum wage, thus relieving a burden from sole and small firms and allowing them to more easily bring on students. The Law Society argues that a minimum wage for articling students would exacerbate the problem of licensing candidates being unable to find articling jobs. The Federation of Ontario Law Associations has spoken against the recommendation. Concern has been raised that unpaid articling makes it harder for the legal profession to become more inclusive, as racialized and marginalized students often cannot work for free as they complete their requirements for entry into the profession.
March 17, 2022
States introduce long-term telehealth legislation
In response to the COVID-19 pandemic, many states introduced or amended telehealth legislation on a temporary basis via waivers. Several states are now introducing legislation to allow telehealth on a more permanent basis.
According to Manatt's tracking, "Three states introduced legislation that would allow health care providers licensed, certified or registered in another state to provide services via telehealth to patients in state if specific criteria are met. One state has introduced a bill that specifically creates an allowance for out-of-state providers who deliver behavioral or mental health services. Three states introduced bills that would enable providers licensed in the state in which their patients are located to deliver telehealth services without being physically present in the state. Two states introduced bills that would require the creation of a commission or regulatory system to support and guide state actions related to out-of-state providers delivering care via telehealth."
Update: Georgia court strikes down licensure requirement for lactation consultants
In an update on the case of Jackson vs. Raffensperger, a Georgia court has struck down a provision in the licensure requirement for lactation consultants. Lactation consultants in Georgia will no longer be required to obtain the International Board Certified Lactation Consultant certification.
