Oklahoma's governor has signed a law requiring certain licensing boards, when reviewing applications of those with criminal history, to consider whether the crime relates to the occupation and is a threat to public safety. The law applies to five occupational licenses: scrap metal dealers, Alcoholic Beverage Control Act, motor vehicle dealers, used motor vehicle dealers, and the Micropigmentation Regulation Act.
May 17, 2022
May 10, 2022
Connecticut: bill passed regarding applicants with prior convictions
A bill that passed both the House and Senate in Connecticut now awaits the governor's signature. The bill would require licensing agencies to consider certain factors when reviewing a licensure application of an individual with prior felony convictions: that nature of the conviction and how it relates to duties of the job, the person's rehabilitation, and the length of time since the conviction.
Update: minimum wage for articling students in Ontario
The Law Society of Ontario has voted to implement a mandatory minimum wage for articling students (with a narrow margin of 25 in favor, 24 opposed and 1 abstention). The minimum wage requirement will come into effect during the next licensing cycle in May 2023. A report last year found that 10-15% of articling placements are below minimum wage or unpaid, with increasing education costs raising equity concerns for entering the profession. Those opposed ot the minimum wage raised concerns that smaller firms would be unable to offer articling positions if required to pay minimum wage.
April 27, 2022
Louisiana considers licensure bills regarding applicants with prior convictions
A bill under consideration in the Louisiana House would allow interested licensure candidates who have a prior criminal conviction to request a pre-determination from the licensing board as to whether their conviction disqualifies them from obtaining a license before they invest in school or training. The licensing board would have 45 days to make the determination, which would then be binding unless the applicant at time of application has new, pending, or previously undisclosed convictions.
February 23, 2022
Maryland considers allowing licenses for undocumented immigrants
Legislation under consideration in the Maryland House and Senate would allow undocumented immigrants to obtain professional and occupational licenses. Five states - New Jersey, Colorado, California, Nevada, and New Mexico - have removed lawful presence in the US as a requirement for professional and occupational licensing, provided candidates meet all other requirements. Legislators in support of the Maryland bill cite the positive impact it could have on labor shortage issues.
February 09, 2022
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.
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.
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.
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.
