CLEAR

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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Update: New Mexico executive order for occupational licensing reform

Following a July order for occupational licensing review, New Mexico's governor has issued an executive order for the state's boards and commissions to implement occupational licensing reform to ease burdens on military families and others coming from out-of-state, low-income individuals, and those with a criminal record. The order also requires reduction of testing, experience and education requirements for entry-level positions, a reduction of licensing fees to 75% or less of the national average, and greater acceptance of online continuing education credits. The order also allows for a "consumer choice" provision whereby an individual could practice without a state license if consumers are informed of such and sign an acknowledgment before receiving services. The order does not apply to medical-related professions.

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More states adopt Uniform Bar Exam

In 2018, several more states have decided to adopt the Uniform Bar Exam, bringing the total to 33 U.S. jurisdictions (all 56 U.S. jurisdictions use at least some portion of the UBE).  An article in the ABA Journal raises the question of whether this trend will lead to more uniform regulation of lawyers with national standards for attorney regulation. The ABA Standing Committee on Ethics and Professional Responsibility recently held hearings on the Model Rules affecting lawyer advertising and considered easing some restrictions. Studies have also been conducted about regulating the entities and online matching services that connect lawyers and clients. The Association for Professional Responsibility Lawyers is looking into changes to rules about going in to business or sharing profits with those who do not have a JD, with the intention to remove barriers to innovation and reduce the access to legal services gap.

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Update: New HOPE Act signed into law

The New Hope and Opportunity through the Power of Employment (New HOPE) Act has now been signed into law in the U.S. The Act is an occupational licensing reform bill intended to provide states with tools to review licensing requirements and reduce or eliminate requirements that are unnecessarily burdensome to job creation. Specifically, the bill allows state governments to use discretionary funds for career and technical education in order to conduct this review and research into licensing requirements.

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