CLEAR

North Carolina considers consolidation and compact participation

The Administrative Procedure Oversight Committee of the North Carolina General Assembly has considered a proposal to consolidate the Acupuncture Licensing Board, the State Board of Examiners of Fee-Based Practicing Pastoral Counselors, and the Board of Athletic Trainers.

The House passed a bill to allow North Carolina to join the Licensed Counselors Interstate Compact. That bill now awaits a hearing in the Senate. A bill was filed in the Senate to join the Interstate Medical Licensure Compact, but that bill has not advanced.

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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."

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NPR report on nurse licensure delays

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.

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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.

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Minnesota considers Nurse Licensure Compact

The Minnesota Senate has passed a bill to allow Minnesota to join the Nurse Licensure Compact, which would allow Minnesota nurses in good standing to apply for a multistate and the Minnesota Board of Nursing to recognize nurses from other compact states. Concern has been raised that the standards set by the Compact are less stringent than the standards already in place in Minnesota. Concern has also been raised that the compact will not address the problem of a nursing shortage because other factors, such as hospital staffing, lack of mental health support, violence at healthcare facilities, and inadequate faculty, are contributing to the challenge.

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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.

Read for the rest of the list.

Colorado among states considering counselors compact

A bill being considered in the Colorado Senate would allow Colorado to join the Interstate Licensed Professional Counselors Compact. The Compact would allow licensed mental and behavioral health counselors licensed in a compact state to immediately begin practice upon residency in another compact state without obtaining a separate license in that state. Georgia and Maryland joined the Compact in 2021, and twleve other states are considering legislation. Ten states must enact the compact before it becomes effective.

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UK proposes changes to international registration legislation

The Department of Health and Social Care in the UK is holding an open consultation on proposed changes to international registration legislation for the General Dental Council and the Nursing and Midwifery Council. Since the end of 2020, European law for the recognition of European Economic Area qualified healthcare professionals no longer applies in the UK. Moving forward, EEA applicants will likely be considered through the individual regulator's international registration process. A new Professional Qualifications Bill is currently under consideration to implement a new framework for the recognition of overseas professional qualifications. The changes aim to ensure that registration processes are streamlined and that regulators have flexibility to amend processes without requiring legislative intervention.

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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.

Read the report

 

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.

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