STATE ACTION ON OCCUPATIONAL LICENSING THURSDAY, APRIL 12, 2018 2:00 PM ET/1:00 PM CT/ NOON MT/11:00 AM PT
Occupational Licensing: Assessing State Policy and Practice A joint project to assist states in improving their understanding of occupational licensure issues; sharing best practices; identifying unnecessary barriers to labor market entry; and developing an action plan to achieve policy goals through a threeyear Learning Consortium.
Agenda: Project Overview & 2017 Legislative Trends Consortium States Update 2018 Trends Databases and Research Speakers: Suzanne Hultin, NCSL Iris Hentze, NCSL Buddy Johnson, Arkansas Sen. Todd Weiler, Utah
National Conference of State Legislatures Bipartisan organization serving legislators and staff in all 50 states and territories Improve the quality and effectiveness of state legislatures Promote policy innovation and communication among state legislatures Provide state legislatures a strong, cohesive voice at the federal level
National Governors Association Bipartisan organization of the nation s governors, founded in 1908 Serves as collective voice of nation s governors NGA Center for Best Practices: Develops innovative solutions to today's most pressing public policy challenges Only research and development firm that directly serves the nation's governors
Overview Occupational licensing creates a barrier to employment Occupational Licensing: Protecting the Public Interest or Protectionism? Morris Kleiner (2011) Economic theory and empirical research shows that it may effect different groups of people differently Occupational Licensing: A Framework for Policymakers U.S. Council of Economic Advisers (2015) The U.S. Department of Labor has identified four key subpopulations for additional consideration by Consortium members Military families & veterans Immigrants with work authorization Individuals with criminal records Long-term unemployed and otherwise dislocated workers
REVIEW OF 2017 TRENDS IN OCCUPATIONAL LICENSING POLICY
2017 Trends Compacts Military Families Exam/Education Reduction Reciprocity Individuals with Criminal Records Delicensing Measure
Compacts: AL HB 250- Emergency Medical Services Personnel- establishes the Emergency Medical Services Personnel Licensure Interstate Compact, provides reciprocity among member States on matters relating to discipline and conditions of practice of EMS personnel. DE SB 59- Nurse Multistate Licensure Compact- Replaces the current multistate nurse licensure compact with an enhanced version, allows for registered nurses and licensed practical nurses to have one multistate license, with the privilege to practice in their home state and other compact states.
Military Families AR HB 1184- Temporary Licensure for Active Duty Service Members- Requires state boards and commissions to promulgate rules for temporary licensure, certification, or permitting of spouses of active duty service members. TX HB 1934- Establishes temporary certification of an educator from outside the state who is the spouse of an active duty military service member.
Exam/Education Reduction: AK SB 51- Eliminates the requirements for manicurists to receive 250 hours of instructions from a school of manicuring or hairdressing if applying for a license to practice. AZ SB1029- Eliminates the requirement of an exam to reapply for licensure as a pharmacy technician.
CONSORTIUM STATE EFFORTS
Arkansas: Buddy Johnson Established home team advisory group of 25 stakeholders Governor appointed 17-member Red Tape Reduction Working Group Hired a staffer to assist with research component Successful in-state meetings held
Arkansas: Buddy Johnson Challenges Now: Maintain focus on the bigger picture Avoid immediate license-by-license reviews
Arkansas: Buddy Johnson Next Steps: Identify micro-reforms taking place Search for potential instances of antitrust violations Examine approaches to eliminating barriers for ex-offenders Study ways to improve interstate portability of licenses
Utah: Senator Todd Weiler Established home and core teams Legislature leading the effort to review and improve occupational licensure in the state
Utah: Senator Todd Weiler Working to relax licensing standards for military spouses and private investigators in the state Passed SB 227 this year to ease licensing burdens faced by members of the military and their spouses Undertaking a multi-year review of every licensing category in the state, led by the legislature
PRELIMINARY TRENDS FOR 2018
Preliminary Trends: 2018 Individuals with Criminal Records Reciprocity Apprenticeships
Individuals with Criminal Records Predetermination: Allowing offenders to seek information on whether or not a given crime will disqualify them from future licensure Arizona SB 1436 Louisiana HB 372 Missouri SB 988
Individuals with Criminal Records Illinois SB 2853 Requires Department of Professional Regulation to make information available regarding how criminal history will be used in licensing decisions. Maryland HB 1597 Imposing a 10-year time limit on departments that issue occupational licenses in considering an individual s past offenses as part of their licensing application.
Reciprocity and Movement Between States Reciprocity measures and improving portability of licenses in general is a prominent solution coming up as states are reviewing their occupational licensing practices and policies Alabama H388 enlc
Apprenticeships In reviewing current occupational licensing policy and practices states are also focusing on the intersection of workforce development and occupational licensing issues. Florida HB 711
OVERVIEW OF CONSORTIUM RESEARCH
Databases The National Occupational Licensing Database 2017 and 2018 State Legislation Databases
The National Occupational Licensing Database Contains over 30,000 data points on how occupations are licensed in all 50 states Contains licensing requirement data for all 50 states covering 34 distinct occupations that have been identified based on the following criteria: Each must be licensed in at least 30 states Each must require less than a bachelor s degree in most states The projected employment growth rate must be at or higher than the national average Each occupation must currently have employment levels of 10,000 or more
The National Occupational Licensing Database Available data relating to occupational licensing laws and requirements collected at the state level The dataset provides details on the prevalence and levels of initial and continuing education requirements, the number and frequency of examinations, amount of occupational or professional experience or other job training and the monetary fees associated with receiving a license
2017 and 2018 Occupational Licensing Legislation Database Contains legislation from all 50 states covering the same 34 distinct occupations identified for the National Occupational Licensing Database.
2017 and 2018 Occupational Licensing Legislation Database Also contains legislation on occupational licensing laws more generally and includes legislation impacting our four target population groups identified as being disproportionately impacted by licensure-related barriers to labor market entry Skilled immigrants Individuals with criminal records Active duty military, veterans and their spouses Unemployed and dislocated workers
Additional Research The State of Occupational Licensing Ongoing blogs, magazine articles and more resources at www.ncsl.org/stateslicense Forthcoming Population Reports and Compact Resources