An NPR analysis recently looked at delays in nurse licensure in 2021 in the United States, noting a wait of at least three months for more than 33% of nurses and a wait of six months or longer for 10% of nurses. Reasons cited include discrepancies such as misplaced documents or missed emails causing applications to be marked incomplete. State boards are also facing an increased workload due to largely increased applications in 2021. The article also notes the delays that can result for nurses trying to cross state orders into states that have not joined the Nurse Licensure Compact.
March 17, 2022
March 09, 2022
New Mexico: updates to expedited professional licensure law
An executive order in October 2021 directed a review of the New Mexico Regulation and Licensing Department to streamline professional licensing practices. In response, a new law
- "removes barriers related to licensure that are unrelated to the profession;
- provides nurses an expedited license to practice in New Mexico;
- makes changes to the grounds for refusal to issue, renew, suspend, or revoke a license by updating the language and removing current barriers that will substantially improve the timely issuance of licensure;
- eliminates the requirement of four years of high school for cosmetologist instructor and barber instructor applicants; and
- provides the opportunity for licensure for those who are in good standing and have practiced without complaints to transfer their licenses and easily start working after a move."
Legislation currently directs New Mexico boards to issue a one-year provisional license to an applicant who holds a license in good standing in another jurisdiction, has practiced the profession for a prerequisite time period, and completes a criminal background check if required. A new section of legislation directs that a regular license be issued upon renewal application and allows boards to establish a posted list of states and territories from which it would not accept an application for expedited licensure. Also, rulemaking procedures are removed from the legislation and instead referred to the State Rules Act.
February 23, 2022
Legislative and policy trends upcoming in 2022
An article by Venable LLP outlines ten anticipated trends for the 2022 legislative session that could have an impact on occupational licensing boards.
Worker mobility legislation - Given the Biden administration's focus on addressing impediments to worker and economic mobility, the article suggests state regulatory bodies consider the uniformity of licensing requirements across the US.
Antitrust concerns - The article suggests a review of regulatory structures and level of state supervision to address continued antitrust enforcement.
Diversity, Equity and Inclusion - The article suggests considering whether eligibility rules, education requirements, and other licensing criteria truly serve their purposes or are arbitrary and overly burdensome.
COVID-19 modifications - Licensing boards will need to be prepared for which changes legislatures will roll back or introduce for permanent adoption, particularly around telemedicine.
February 02, 2022
Illinois: faster license processing time could be mandated
Legislation under consideration in Illinois would require the Department of Financial and Professional Regulation to process license applications within four weeks if there are no errors or missing components of the application. The bill has not yet proceeded to a committee.
January 26, 2022
Virginia: Executive Directive to further reduce regulations
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 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.
December 15, 2021
Nevada State Athletic Commission passes emergency regulation
The Nevada State Athletic Commission has passed an emergency regulation to grant the Commission oversight of charity boxing events, amateur contests and unarmed combat. The emergency regulation is in response to the death of a college student in a charity boxing match where no professional referee and no medical assistance were present. If signed by the governor, the emergency regulation would be in effect for 120 days.
December 09, 2021
British Columbia Law Society report of independent reviewer
The Law Society of British Columbia has released the report of an independent review they commissioned this summer by internationally-recognized expert Harry Cayton. The review evaluated the Law Society's governance rules, practices and policies against the Professional Standard Authority's nine Standards of Good Governance. The report found the Law Society meets four of the Standards and partially meets three. Identified strengths were "comprehensive governance policies and procedures, commitment to equity and diversity and to reconciliation, the board’s respectful discussion of issues and the positive relationship between the board and executive team." Areas of concern were "consultation and engagement that takes into account lawyers’ views and, by contrast, lack of direct engagement with the public and consideration of their interests in decision-making."
October 20, 2021
Name change for Saskatchewan Registered Nurses Association
The Saskatchewan Registered Nurses Association has become the College of Registered Nurses of Saskatchewan with a new name, logo, and look. From the stakeholder letter: "This new brand and name represents our next step in moving to a single mandate of regulation, achieving our mandate of protecting the public through fair, transparent and effective regulatory processes, refining our focus as the bridge between Registered Nurses and the public in Saskatchewan and renewing our dedication to upholding the standards of care."
Wisconsin to use AI to streamline licensing process
The Wisconsin Department of Safety and Professional Services is implementing an AI platform to automate data extraction from emails and attachments, automate data entry, and link attached degrees or certifications to applications. They also plan to use AI and virtual assistants to help direct callers at the call center to the resources they need. This is phase two of a modernization and streamlining effort. Phase three will focus on analyzing the source and nature of complaints to inform changes to the process.
