CLEAR

BC: new Health Professions and Occupations Act

A new Health Professions and Occupations Act in British Columbia replaces the Health Professions Act to "streamline the process to regulate new health professions, provide stronger oversight, provide more consistent discipline across the professions, act in the public interest and protect patient care in the province, while also laying the groundwork to further reduce the total number of regulatory colleges.”  Counselors and diagnostic and therapeutic professionals will now be regulated. The colleges for dietitians, occupational therapists, opticians, optometrists, physical therapists, psychologists, and speech and hearing professionals will be combined.  The colleges for chiropractors, massage therapists, naturopathic physicians, traditional Chinese medicine and acupuncturists will be combined. A new regulatory oversight body and an independent disciplinary tribunal will be created, as well as a reformed complaints process that takes into account cultural safety and humility.

Read more

Professional Standards Authority: "Safer Care for All" report

The Professional Standards Authority in the UK has just published "Safer Care for All: Solutions from professional regulation and beyond," a report that proposes solutions to challenges facing health and social care around tackling inequalities; regulating for new risks; the workforce crisis; and accountability, fear, and public safety. One main recommendation is the establishment of an independent Health and Social Care Safety Commissioner in each UK country "with broad responsibility for identifying, monitoring, reporting, and advising on ways of addressing patient and service user risks."

Read more, including the executive summary, table of recommendations, and the full report.

New book on licensing's effects on efficiency and quality

Morris Kleiner, professor of economics at the University of Minnesota, has shared with CLEAR that his new book, Grease of Grit? International Case Studies of Occupational Licensing and Its Effects on Efficiency and Quality, will be published September 15. From the cover: “Regulating labor markets through occupational licensing could help increase service quality but is likely to also reduce labor supply and increase prices. This fascinating book examines many occupations across five countries and shows that there is no clear positive impact of licensing on quality. It is a must read for everyone interested in the practical impact of regulation—as well as those seeking reforms.”

To order a copy: https://www.amazon.com/International-Studies-Occupational-Licensing-Efficiency/dp/0880996862/

Tennessee: petition to change full-time work requirement for lawyer licensure

The Network of enlightened Women (NeW) has filed a petition with the Supreme Court of Tennessee to change the requirement that out-of-state lawyers who wish to practice in Tennessee must have worked full-time as a lawyer in another state for five of the last seven years or sit for the Tennessee bar exam. The petition claims that the requirement makes it harder for lawyers working part-time, especially working mothers, to practice in Tennessee.

Read more

Virginia establishes Office of Regulatory Management

An Executive Order n Virginia establishes the Office of Regulatory Management to "streamline regulatory activities across the executive branch and manage cross-departmental functions such as regulations, permits, and grants. The ORM will review all agency regulations and initiate the “Unified Regulatory Plan” by which all agencies will annually publish a publicly available list of all expected regulations for the upcoming year. This Executive Order also calls for tracking new regulatory requirements for each new effective regulation and reviewing all existing regulations every four years." All proposed regulations will be posted on Virginia's Regulatory Town Hall website.

Read more

North Carolina proposes changes to teacher licensing

The Professional Educator Preparation and Standards Commission and the North Carolina Department of Public Instruction have proposed a new licensing model for teachers, Pathways to Excellence for Teaching Professionals. The model would include seven levels for teachers, beginning with Apprentice Teacher and advancing to Advanced Teacher Leader, with different requirements and different salary amounts at each level. Further input will be solicited from educators before the model is voted on by the State Board of Education.

Read more

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.

Read more

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."

Read more

British Columbia considers consolidating legal professional regulators

The Ministry of the Attorney General in British Columbia has announced proposed changes to the regulatory framework for legal professionals. Under the proposal, regulation of lawyers, notaries, and paralegals would be consolidated under a single statute and a single regulator. A new mandate clarifying the duty to protect the public would be established. Scopes of practice would also be updated and clearly defined. Further details of the proposal are under development in consultation with the Law Society of BC, the Society of Notaries Public of BC, and representatives of the paralegal profession.

Read more

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.