Professional licensing is governed by a complex web of regulations. However, several factors, including the shortage of many kinds of licensed professionals, have led to a flurry of regulation changes.
In some cases, these changes may even make it more likely that a professional license defense lawyer will be able to help you reinstate your license or even appeal a license denial. Here’s a closer look at how new regulatory changes are shaping the licensing landscape.
Compacts Are Making Licenses More Mobile
Have you ever gotten a teaching license or another professional license in one state and then moved to another? If so, you already know that licensing boards don’t make it easy to move from state to state.
For example, suppose that you’re a teacher in one state and want to continue teaching after moving to another. Your new state could have additional educational requirements for licensure. That means you first would have to complete a college course or two and apply for licensure in the new state before being allowed to teach there.
As you might imagine, the complexity that comes with transferring licenses does nothing to help labor shortages. In response, many states have moved toward interstate compacts, Universal License Recognition, and other solutions that make it significantly easier for licensed professionals to move between states.
Fair-Chance Policies Are Expanding Access
Many licensing organizations bar applicants who have criminal records. This rule typically applies to those who have felony convictions, although some professions might bar you if you have been convicted of certain misdemeanor offenses as well.
Numerous fields that require licensing are experiencing worker shortages. Because many of these careers also pay well, a great number of people, including those with criminal records, are drawn to them.
Allowing some people with criminal convictions to become licensed professionals is a win-win. Those whose backgrounds put them at a disadvantage get a leg up, and industries with a shortage of professionals build a bigger workforce.
However, fair-chance licensure policies don’t mean that licensing boards must completely ignore all convictions. Most include provisions like these:
- Applicants can’t be denied a license solely based on having a conviction
- A criminal conviction can only be a disqualifying factor if it’s related to the license
- Boards must conduct an individualized assessment of each applicant
Fair-chance policies can let qualified people with criminal records secure employment while still protecting the public.
For example, imagine you have a criminal record but hope to become a licensed accountant. A conviction for drug possession would make the licensing board more likely to consider you because the crime wasn’t job-related.
However, if your conviction was for embezzlement or another kind of financial fraud, the board would be less likely to give you a favorable outcome. If it were to grant you a license to practice, it might be putting your future clients’ finances at risk.
Some re-entry organizations have taken the fair-chance approach a step further. In certain fields, people can undergo the education and training needed for licensure while they’re incarcerated. That way, they can start contributing to their communities once they’re released.
There Are More Paths to Licensure Than Ever
In many cases, licensing requirements make it much harder for people with non-traditional backgrounds to enter the workforce. As more licensing organizations have begun evaluating their current policies, though, some have started developing alternate pathways to licensure.
For example, veterans often have useful and in-demand skill sets from their time in the military. However, because they didn’t learn those skills through traditional schooling, many licensing bodies don’t recognize them.
Now, some licensing organizations have begun evaluating veterans’ military training to see whether it’s equivalent to educational requirements. Veterans may still need some training before they’re eligible for licensure, but equivalency evaluations save them the time, money, and expense of unnecessary repeat schooling.
The labor shortage is especially pronounced in the healthcare field. Some licensing bodies have responded to this shortage by reevaluating their approach to foreign-trained health professionals.
Historically, a health professional with foreign training would need to complete education and licensing requirements in the U.S. to be able to practice. Because this path involves repetitive education (and often a significant cash outlay to pay for schooling), many health professionals trained in foreign countries were understandably dissuaded.
Now, though, some licensing bodies are beginning to consider an approach that would streamline the process for practitioners with foreign education while still ensuring they have the skills and knowledge needed to practice in the United States. For example, some are letting foreign-trained providers practice as long as they pass an evaluation.
New Tech Has Made Remote Testing a Possibility
Traditionally, assessments for credential-issuing organizations needed to be taken at a particular physical location. This would require you to travel to the designated testing site and sit for an in-person exam with a proctor in the room with you.
However, in recent years, new technologies have made it easier to take tests from remote locations with a virtual proctor. Along with increased demand, this widespread availability of secure online testing options has caused many organizations to change their rules for licensing exams.
In particular, they have begun to permit candidates to take tests that are proctored remotely. Licensing boards that have adapted to the new technologies are likely to continue to use these new processes and procedures. However, not every board has accepted the use of remote testing tools.
Need Professional License Defense?
In today’s world of rapidly changing regulations, navigating an investigation into your license can be more confusing than ever. You need an advocate who can guide you through the often convoluted license defense process — someone who understands the changing regulatory landscape and what it means for your license.
Attorney Scott J. Harris is ready to be that advocate. Mr. Harris’s practice places special emphasis on professional license defense, and he may be able to help you protect your reputation and livelihood. Get in touch to book your free consultation today.
