CLEAR

Pennsylvania considers licensing of ex-offenders

The Pennsylvania Department of State is looking to update occupational licensing requirements for barbers, auctioneers, cemetery sales people, campground sales people and hair braiders in order to assist ex-offenders in transitioning into licensed occupations. The state recently began allowing appeal hearings if an applicant's license is denied due to a past criminal conviction. The state's 10-year ban on professional licenses for those with felony drug convictions has also been repealed.

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Occupational licensing economist Alan Krueger's research legacy

Alan B. Krueger, an economist whose research influenced recent and ongoing efforts of occupational licensing reform, passed away March 16. Krueger co-authored several papers with economist Morris Kleiner, exploring the extent of occupational licensing in the U.S., licensing's effect on wages, and licensing's effect on mobility. Krueger's research was also instrumental to the Obama administration report on occupational licensing reform.

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Association of Medical Councils of Africa to meet

Health experts and medical boards from 22 countries with the Association of Medical Councils of Africa are meeting in Nairobi with an agenda of building "an effective framework for information exchange and training collaboration between countries." The meeting is themed Core Operations of a Regulator and will discuss "the role of the Judiciary in dynamic medical regulation, building an effective registration platform, and corporate governance in health regulation."

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Ohio: sunset review law signed

Ohio's governor has signed a law requiring review of every occupational license requirement in the state over the next six years. The law automatically repeals any licensing laws that are not specifically renewed or modified to a lesser type of regulation. The law also creates a sunrise review process for new licensing laws and requires the use of the least restrictive form of regulation.

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Idaho: Licensing Freedom Act of 2019

Idaho's governor has issued an executive order for a comprehensive review and overhaul of the state's professional licensing system. The order requires sunrise and sunset processes, with a goal to review at least five license types a year. Another executive order will require state agencies to revoke two regulations for each new one implemented.

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Florida governor hosts Deregathon

Florida's Governor DeSantis hosted a one-day event, Deregathon, with the Department of Business and Professional Regulation. The purpose of the event was to explore ways to protect consumers while also reducing barriers to opportunity. The Secretary of the DBPR called the event "an important first step toward developing a reasonable regulatory approach that gives more Floridians access to a stable job and clear career path.” One suggestion coming out of the event was to allow a two-year temporary endorsement of Puerto Rico licenses for social workers, mental health providers, teachers, engineers, barbers and cosmetologists.

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Oklahoma Licensing Advisory Commission report

A taskforce created by Oklahoma Governor Mary Fallin developed into the Oklahoma Licensing Advisory Commission and has released a report after reviewing 28 licenses under 15 boards. Recommendations from the report include:

• waiving the initial license fee for military members and spouses if they are already licensed in another state
• honoring of equivalent military training and experience
• license reciprocity for military spouses
• reducing licensing barriers for criminal offenders
• elimination of licensing requirements for public accountants, alarm and fire sprinkler managers and salespersons, locksmiths, motor vehicle salespersons

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Ohio considers bill for occupational licensing review

A bill under consideration in Ohio would require a review of all occupational licenses. The bill would create a sunset provision five years after the creation or renewal of a licensing board, whereby the board would have to provide testimony to a standing committee of the House and the Senate to demonstrate the public need for its continued existence. Boards would be reviewed against 27 points to consider, including alternate less restrictive manners of protecting the public, duplication with other boards, recognition of national uniform licensing requirements, and impact on economic growth and competition. The bill would require the Legislative Services Commission to perform an assessment of 20% or regulated occupations each calendar year.

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Resources on licensing barriers for ex-offenders

A policy analyst with The Heartland Institute provides resources on reforming licensing barriers for ex-offenders. The Council of State Government's Justice Center offers three reforms that states could consider:

• prohibit denial of licensure based solely on a criminal record unless the crime directly relates to the occupation
• require consideration of the relevancy of a crim to the license and the amount of time since the offense
• require an explanation for license denial and allow the applicant to appeal

The article highlights reforms in Maryland, Louisiana and Ohio.

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New Jersey considers bill to require active supervision of boards

A bill under consideration in the New Jersey Senate would "establish and implement a protocol for state regulatory oversight of professional boards that have a majority membership of active market participants of the same profession or occupation that is regulated by that board." Under the bill, a regulatory officer in the state agency for each board would establish and implement a protocol to review and approve regulations, actions and decisions proposed by the boards to determine any potential to displace competition. The bill would also give individual board members immunity for civil action suits as a result of a decision of the Board and reviewed by the regulatory officer.

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