CLEAR

New Zealand: consultation of engineering regulation reform

The Ministry of Business, Innovation and Employment in New Zealand has launched a consultation on proposed reforms to the regulation of engineering. A new registration scheme would be established for all engineers, and a new licensing regime would clarify who can "carry out or supervise engineering work in specified practice fields that have a high risk of harm to the public." The proposal also includes new continuing professional development requirements. A new regulator would be established to oversee the licensing process.

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UK care minister addresses need to modernize healthcare regulation

In this article, UK care minister Helen Whatley discusses the "Regulating Healthcare Professionals, Protecting the Public" consultation. "The reforms will modernise each of the healthcare professional regulators’ legal frameworks, making them simpler and more consistent. This will enable regulators to provide public protection more efficiently and spend more time supporting the professional standards of all registrants."

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Iowa considers greater scrutiny of regulation proposals

SF 487 under consideration by legislative committees in Iowa would require the legislature to review any new or expanded proposals to regulate a profession under the lens of "least restrictive" regulations. Regulation of new professions would only be approved for "the exclusive purpose of protecting the public health or safety" under these conditions: evidence that the unregulated practice of the profession will clearly harm or endanger the public, the public needs and would benefit from an assurance of professional ability, and the public cannot be protected by other means. A detailed written report demonstrating the necessity of regulation would be required. The bill would also increase the frequency of meetings of the government efficiency review committee from every two years to monthly, as necessary to review the usefulness, performance and efficacy of each current regulatory board.

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UK Department of Health and Social Care publishes proposed changes to healthcare regulation

The UK Department of Health and Social Care has published proposed changes to healthcare regulation and opened a public consultation. The aim of the reform is to make healthcare professional regulation "faster, fairer, and more flexible and to minimize costs to registrants." The consultation includes "detailed proposals to modernize each of the healthcare professional regulators' legislative frameworks." The proposed reforms cover four key areas: governance and operating framework, education and training, registration, and fitness to practice.

Just a few highlights:

• devolve many of the decisions about day to day procedures to the regulators themselves
• create a duty to co-operate, specific duties in relation to transparency, and a duty to assess the proportionality of changes to rules and procedures before they are introduced
• power for all regulators to set their fees without Parliamentary oversight
• power to set standards for and approve specific courses or programs of training rather than just the providers
• a consistent framework for fitness to practice across all regulators
• regulation of physician associates and anesthesia associates

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Julie Maciura with Steinecke Maciura LeBlanc offers analysis and commentary on the consultation paper in the April issue of Grey Areas

Bills in Washington consider easing licensing requirements

One bill under consideration in the Washington House would authorize the Department of Licensing to "develop a competency-based assessment that allows individuals to demonstrate proficiency of the knowledge and skills otherwise required by a professional licensing examination." The competency-based licensing requirement could be any combination of training, experience, testing or observation. Another bill would allow a temporary license for out-of-state workers while they complete skills assessments. Another bill would establish evaluation criteria to determine whether currently unlicensed professions should be regulated, for the sole purpose of protecting the public interest.

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Utah: Executive Order to review occupational licensing

An Executive Order signed by Utah's governor requires "a review of all regulated occupations and professions" no later than June 30, 2021. The order instructs agencies to "identify rules and regulations that are no longer necessary or can be amended to reduce barriers to working while still protecting the health, safety and well-being of Utah residents."

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Arkansas: Occupational Licensing Review Subcommittee report

The Arkansas Legislative Council's Occupational Licensing Review Subcommittee has submitted recommendations to repeal licensing for sprinkler fitters, people who sell motor vehicles and new recreational vehicles, and lime vendors. They also recommend that the Board of Physical Therapy evaluate its licensing fees, including a comparison of physical therapy licensing fees in surrounding states. The subcommittee plans to review 307 occupational licenses over the next six years.

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US: Executive Order on Increasing Economic and Geographic Mobility

An Executive Order issued December 14 sets out six principles to guide occupational regulation reform:

1.) Boards should be subject to "active supervision of a designated governmental agency or office;"

2.) Boards should adopt the least restrictive form of occupational regulation;

3.) States should regulatory review and analyze occupational regulations to ensure the least restrictive requirements;

4.) Individuals with criminal records should be able to receive a pre-determination "as to whether the criminal record would preclude their attainment of the appropriate occupational license;"

5.) Reciprocal licenses should be granted upon meeting requirements for good standing, minimum training and examination, lack of prior discipline, and payment of applicable fees; and

6.) Accommodations should be made to allow mobility for military spouses within licensed occupations.

The Order also requires agencies to submit a report within 90 days, then every two years, identifying changes necessary to align with the stated principles.

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UK: Health and Social Care Secretary aims to streamline processes and reduce bureaucracy

The Health and Social Care Secretary in the UK has issued a report setting out a comprehensive strategy to streamline processes and reduce bureaucracy in professional regulation, making permanent some of the changes that resulted from the pandemic. The report lists eight priority areas for action and is informed by feedback from frontline health and care staff about excess bureaucracy they face in their day-to-day jobs.

1. Data and information will be shared, asked for and used intelligently

2. System and professional regulation will be proportionate and intelligent

3. Day-to-day staff processes will be simple, helpful and effective

4. The government will legislate to make procurement rules more flexible

5. GPs will have more time to focus on clinical work and improving patient care

6. Medical appraisals will be streamlined and their impact increased

7. There will be greater digitisation of services

8. A supportive culture is needed at a national and local level

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Alberta bill proposes centralized healthcare registry

The Health Statute Amendment Act in Alberta would create a centralized online registry of health professionals. The proposed legislation would also allow additional health service providers to access the Alberta Electronic Health Record and would establish regulation for healthcare aides under the College of Licensed Practical Nurses of Alberta. The bill also proposes the separation of the regulatory colleges from the professional associations for the six colleges that are not already separate.

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