CLEAR

Report on professional accountant regulation in Australia

CPA Australia has released a "Regulatory Burden Research Report." "Based on CPA Australia’s research into advice supply and demand, as well as its analysis of the current regulatory framework, the recommendations in this report aim to eliminate duplicative and conflicting regulations, and to streamline the existing framework to reduce the cost and burden on professional accountants. Five recommendations proposed are: review definition of key terms; redefine product advice and introduce strategic financial planning advice; individual licensing or registration of financial advisers; align codes of ethics and CPD requirements; and consider changes to the tax registration system."

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Florida governor renews call for occupational licensing reform

Florida Governor Ron DeSantis has announced his 2020 occupational licensing reform objectives. One bill would allow an occupational license from one Florida county to be valid in all Florida counties. Another bill would create sunset legislation to require the Legislature to re-authorize licensing requirements on a regular basis. The Governor would also like to see a "comprehensive bill to limit or remove unnecessary occupational licensing requirements," including prohibiting boards from denying a license based solely on student loan default.

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Virginia: pilot program to streamline regulations reports progress

In early 2018, Virginia passed legislation for a three-year project to reduce regulations by 25% at the Department of Professional and Occupational Regulation and the Department of Criminal Justice Services. A progress report from the governor's office indicates that the project is ahead of schedule, with regulatory burdens already reduced by 10%. The report also makes note of the hundreds of reports state agencies are required to submit to the General Assembly and Governor's Office and recommends a review of these requirements in order to streamline or eliminate duplicative reports.

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North Carolina and Mississippi enact laws concerning applicants with criminal history

North Carolina and Mississippi have passed laws making changes to how licensing boards handle applicants with criminal histories. The laws eliminate good moral character requirements for licensure and prohibit boards from denying a professional license due to a prior criminal conviction unless the crime is directly related to the license sought. The laws also require a written reason for any denial and the opportunity for a determination prior to the application process as to whether a prior conviction could negatively impact the application.

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Alliance for Responsible Professional Licensing launches

Earlier this month, the Alliance for Responsible Professional Licensing launched as an organization that "promotes a responsible, balanced approach to professional licensing" and aims to "educate policymakers and the public on the importance of high standards, rigorous education, and extensive experience within highly complex, technical professions that are relied upon to protect public safety and enhance public trust." Member organizations are The American Institute of Architects, American Institute of Certified Public Accountants, American Society of Civil Engineers, The Council of Landscape Architectural Registration Boards, National Association of State Boards of Accountancy, National Council of Architectural Registration Boards, National Council of Examiners for Engineering and Surveying, and National Society of Professional Engineers. The group states concerns about recent state legislative efforts to reduce or remove licensing of specific professions and the effect that changing standards on a state-by-state basis may have on professional mobility.

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Arkansas addresses occupational regulation

During the 2019 legislative session, 41 bills were passed in Arkansas related to occupational licensure, certification and registration. Some highlighted laws include

• state agencies cannot revoke a professional license due to student loan default
• temporary license reciprocity will be granted to military members, veterans and spouses in good standing in their home state
• the Occupational Licensing Review Subcommittee will annually review occupational authorizations and entities to ensure the least restrictive regulation

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Pennsylvania governor signs license reciprocity bill

Legislation in Pennsylvania to remove licensing barriers for those entering the state has been signed into law. The legislation requires all licensing boards under the Bureau of Professional and Occupational Affairs to issue licenses by endorsement, including the authority to issue a provisional license to practice while the applicants Pennsylvania license is being processed. Applicants will need to hold a current license in the profession in another state or country with substantially equivalent requirements, demonstrate competency by continuing education or recent professional experience, be in good standing in their home jurisdiction, and pay the appropriate license fees.

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(Corrected) Alberta Fair Access to Regulated Professions Act

The government in Alberta has introduced a bill known as the Fair Registration Practices Act. The bill would require regulatory bodies to ensure and prove that their registration practices are "transparent, objective, impartial, and procedurally fair." Information for licensure applicants about requirements, how to apply for registration, processing time for registration, and registration fees would be required to be provided in a clear and understandable manner. The bill requires a "reasonable period of time" for registration decisions and no more than six months for interim registration decisions (those subject to a condition or requirement being met). The bill would require an appeal option for registration decisions and training for individuals and committees responsible for assessing qualifications. The bill would also give the Minister broad authority to audit regulatory bodies and create a Fair Registration Practices Office and establishes fines for failure to cooperate with such audits.

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(Corrected: a previous post incorrectly listed the bill as being introduced in British Columbia.  The bill has actually been introduced in Alberta.)

Pennsylvania considers changes to occupational licensing

Bills under consideration in Pennsylvania would replace licensure with registration or certification for 13 occupations: auctioneer, barber, cemetery salesperson, campground membership salesperson, natural hair braider, orthotic fitter, practitioner of Oriental medicine, ren­tal listing referral agent and vehicle factory representative. Also a priority for the administration is ways to reduce license processing time to 10 days or less. Streamlining the licensing process for military spouse is also an issue. A House bill has passed requiring state licensing boards to issue licenses by endorsement to applicants holding the same license in another state and meeting similar requirements.

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Article highlights recent trends in professional regulation in Canada

An article published by Field Law reviews changes in the Canadian regulatory arena over the past six months, including trends toward "societal and political skepticism of the value of self-regulation," establishment of independent oversight bodies, consolidation of regulatory organizations, inclusion of a majority of public members on Councils, merit-based appointments to Councils rather than election of members, and the loss of self-regulation in favor of government control of some professions.  The author urges regulatory bodies to "batten down the hatches" and "ensure that the captain is firmly on the wheel."

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