Florida's governor has signed into law the Occupational Freedom and Opportunity Act. The Act reduces education requirements for auctioneers, barbers, electrical contractors, and geologists and removes some requirements for nutritionists, interior designers, landscape architects, nutritionists, accountants, alarm system installers and boxing announcers. A major component of the bill requires reciprocal license agreements if the other state's licensure requirements are substantially equivalent. The bill also prohibits license suspension or revocation based solely on default of student loans. Among other changes, the bill allows individuals to provide information, wellness recommendations or advice concerning nutrition without a license so long as services are not provided to a person under the care of a medical doctor for a condition requiring nutrition intervention and the individual does not hold themselves out to be licensed.
July 02, 2020
Florida: Occupational Freedom and opportunity Act signed into law
January 03, 2020
Nova Scotia to regulate massage therapists
New legislation in Nova Scotia will require training, insurance, and membership in a professional association for anyone wanting to use the title "massage therapist" or "registered massage therapist." Massage therapists will also have to disclose yearly any charges or convictions of a crime or violation of the Controlled Drugs and Substances Act.
Update on Veterinary Nurse Initiative
The National Association of Veterinary Technicians of America has undertaken an initiative to standardize credentialing requirements, scope of practice, and use of the title Registered Veterinary Nurse. Some recent bills are moving the initiative forward. A bill to approve the title change has passed in the Ohio House and is under consideration in the Senate. Title change bills have been considered in Indiana and Georgia, and Oklahoma will soon be conducting review of its veterinary practice act.
September 13, 2019
Research on financial professionals' titles
New research from the Mercatus Center at George Mason University shows that consumers' trust in and expectations of investment professionals is influenced by professional titles. The study concludes that consumers view "financial planners" and "financial advisors" as more trustworthy than "stockbrokers" or "insurance agents." However, individuals with the job title "financial advisor" may have significantly different job functions, as the term is not regulated. Rather than state regulators prohibiting the use of certain titles, the paper advocates for the establishment of specific titles to be approved by the SEC and state regulators.
August 21, 2019
Florida Board of Nursing allows use of "nurse anesthesiologist" as descriptor
Corrected*: The Florida Board of Nursing has voted to approve a petition for declaratory statement that was received from a certified registered nurse anesthetist who wanted confirmation he would not be disciplined if, as a descriptor, he also used the term “nurse anesthesiologist”. The Order on the petition has not yet been filed. The Board's ruling only applies to one individual practitioner.
Other recent examples include other healthcare practitioners using different terminology to describe their roles. The American Academy of Anesthesiologist Assistants has begun referring to its members as anesthetists, a term already in use by advanced practice nurses with specialization in the administration of anesthesia. Anesthesiologist assistants must work under the supervision of an anesthesiologist, while certified registered nurse anesthetists must work under the supervision of a physician.
*(A previous version of this post erroneously indicated that the Florida Board of Nursing had agreed to allow an advanced practice registered nurse to use the title "anesthesiologist.")
July 02, 2019
SEC regulations on title "financial adviser"
The US Securities and Exchange Commission has issued new regulations related to the use of the title "financial adviser." Effective June 30, 2020, brokers will not be allowed to use the title "financial adviser" or "financial advisor." The SEC adopted the new rules to bring clarity to the titles, claiming that the use of the titles adviser or advisor by broker-dealers falsely conveys to investors that they are regulated as investment advisers.
May 22, 2019
Bill in Pennsylvania concerns use of title "certified"
A bill under consideration in Pennsylvania could restrict the use of the title/word "certified" to only those who hold a government-issued credential. The American Society of Association Executives warns that the language of the bill "would deny state residents the right to use professional titles they have lawfully earned from private organizations and also raises potential constitutional questions." ASAE and the Professional Certification Coalition are seeking amended language "to avoid creating barriers to state recognition of private certification in licensure requirements."
February 27, 2019
Another court case on use of term "engineer"
The Mississippi Board of Licensure for Professional Engineers and Surveyors has lost an appeal case related to the use of the term "engineer." The case involved the Express Oil Change and Tire Engineers company's use of the term engineer and a Virginia statute that prevents anyone from using the term commercially unless they are licensed as an engineer. The Appeals Court found that a total ban on the use of the term was unconstitutional. The United States Supreme Court has previously ruled that, in order for speech to be protected under the First Amendment, it "must concern lawful activity and not be misleading." Government regulation of speech is only justified if "the asserted governmental interest is substantial," "the regulation directly advances the governmental interest asserted," and "it is not more extensive than is necessary to serve that interest."
February 20, 2019
South Carolina not pursuing complaints about use of "engineer" title
The South Carolina Board of Registration for Professional Engineers and Surveyors has decided not to pursue complaints against a newly-elected congressman for referring to himself using the term "ocean engineer" in his political campaign. The congressman's lawyer indicted that the term was used in a noncommercial manner as part of political speech. A similar issue has been ruled on in Oregon, with a judge ruling that "there is no fixed meaning to the title 'engineer'" and that "'engineer' has a generic meaning separate from 'professional engineer'."
January 18, 2019
Oregon court ruling on use of word "engineer"
An Oregon court has ruled that the Oregon State Board of Examiners for Engineering and Land surveying's restrictions on the use of the word "engineer" are a violation of the First Amendment right to free speech. The case had come before the court from a man fined for using the word "engineer" to describe himself and forbidden from publicly talking about engineering, specifically related to his work on the timing of traffic lights. The court's ruling invalidates a statute that claimed that only licensed engineers could describe themselves as engineers.
