Portability Policies for Justice-Involved Individuals

Interstate compacts have a long history in licensing portability policy. These multi-state agreements provide shortened routes to licensing for professionals approved for practice in one state but who seek to work in another.

More recently, Universal License Recognition (ULR) — laws requiring licensing bodies to grant a license to a practitioner certified in another state — have been passed in 12 states. This trend in licensing policy represents a broader goal of states to lower barriers for professionals to enter a state’s workforce, while continuing to protect public health and safety. In that effort to expand eligibility to work, the implementation of ULR, as well as interstate compacts, must address the differences among states in licensing requirements for those with past criminal convictions. There are important variations in the crafting of these licensing laws that can have a significant impact on certain practitioners looking to move into a state with a universal license recognition law.

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CSG Report on Universal License Recognition

Since 2019, 14 states have either established or revised universal license recognition (ULR) laws. These statutes define a framework where a state determines its unique process to grant an occupational license to an individual who already holds a license in another state or U.S. territory. ULR laws generally set less restrictive and more uniform license portability standards across most or all licensed occupations in a state. However, such laws do not offer true reciprocity (instantaneous recognition of a license from another state) or the mutual recognition found in most interstate licensing compacts. While ULR laws may require an application process and discretion by the licensing board, they have the intended effect of lowering the threshold for license portability in a state and reducing time to licensure.  

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Apprenticeships: Immigrants with Work Authorization

Immigrants comprise approximately one in six workers in the United States. Many states, including California and Missouri, provide avenues for immigrants to earn occupational licenses. These avenues allow states to fill labor shortages in certain occupations and keep skilled in-state workers. However, many immigrants still face barriers to licensure that may prevent them from entering the workforce. Some immigrants may face a barrier understanding unfamiliar technical language in the licensing process. Immigrants also are more likely to face financial barriers that make it more difficult to complete the licensing process, which usually involves several fees.

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Apprenticeships: Retraining Programs for Dislocated Miners

A majority of people in the United States support transitioning from fossil fuels to renewable energy, though the desired approach varies wildly. However, beyond a transition to renewables, there has been a steep decline in the use of coal fired power plants since in recent years with the rapid increase in natural gas use due to the popularization of hydraulic fracturing, more commonly known as fracking. From 2011 to 2019, coal production employment fell 42%, with the steepest decline occurring in the Appalachian region.

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Digital Licensing: Higher Efficiency and Lower Cost

Focused young woman consider paperwork working on laptop.

During the pandemic, many state occupational licensing bodies encountered barriers to their regular licensing processes. Issues with mailing delays, in-person training, exams, and fee collection prompted many executive orders and regulatory and legislative actions to waive some requirements for licensure. This has been especially important for meeting workforce shortages in healthcare and providing new ways to deliver and receive services, such as the expansion of telehealth practice. Outside of healthcare, the increasing number of jobs that require a professional license and the dramatic shift to a remote workforce has presented similar challenges and made clear the need for a more streamlined licensing process.

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Washington State Veteran Licensing Policy

Because occupational licensure is largely created and implemented at the state level, there exists a patchwork of different policies and requirements for professional practice. This creates a consistent trend of veterans and military spouses having a greater barrier to licensed professions due to frequent moves and unrecognized training. Approaches to easing these challenges vary as state legislatures and governors have taken steps to do so. One example of attempting to remedy this problem is the formation of the Washington State Military and Readiness Transition Council (WSMTRC).

Founded in 2013, the WSMTRC is a joint project between a variety of executive agencies as part of the broader mission of veteran assistance in Executive Order 13-01. Since that time, the WSMTRC has consistently updated its goals and strategies with stakeholder input to better serve veterans and military spouses at key career transition points. With a new executive order (19-01) released in 2019, Washington further expanded the responsibility of state licensing agencies to assist veterans in their transition to civilian life. 

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Apprenticeships: An Alternative Pathway to Licensure

Overview

Apprenticeships, an “earn while you learn” program with on-the-job training for future practitioners of a trade or profession, are an increasingly available pathway toward licensure in several states. According to DOL statistics, 94% of those who complete an apprenticeship program maintain employment and earn an average salary of $70,000. With such success stories, there has been a 128% increase in new apprenticeships since 2009 and 12,300 new apprenticeship programs created in the last five years. In 2021, numerous bills about apprenticeships and apprenticeship programs have been introduced in state legislatures across the country.

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Micro-credentialing: Function and Future in State Policy

Micro-credentials are a form of credentialing gaining popularity to allow career advancement without full stops for additional degrees in licensed professions. Similar to continuing educations requirements, micro-credentials (sometimes known as ‘badges’) focus on practicing professionals looking to gain skills or specific content knowledge to increase their value to employers and patients, students and clients. They are very popular in the education field, allowing licensed teachers to expand their abilities and upgrade their licenses or increase their scope of practice without or in addition to a graduate level degree.

Most micro-credentials are similar to abbreviated college-level programs but also can be earned with practical experience through observation. These micro-credentials can then be added to resumes or online job profiles such as on LinkedIn to demonstrate a skill in seeking a promotion or during a job search in a new district.

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The Council of State Governments is Helping States Prepare for the Next Pandemic

A recent paper from the Healthcare Leadership Council (HLC) and Duke University’s Margolis Center for Health Policy identifies the need for regulatory reforms championed by The Council of State Governments  

The Disaster Preparedness and Response Initiative, a project that convened leaders from the Healthcare Leadership Council (HLC) and Duke University’s Margolis Center for Health Policy, recently published National Dialogue for Healthcare Innovation: Framework for Private-Public Collaboration on Disaster Preparedness

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“Fair Chance” Licensing Policies Across States

Around 1 in 3 American adults have been arrested before they reach 23 years of age and between 70 and 100 million Americans have a criminal record. Because a criminal record can include speeding tickets, it is no wonder this number is so high. However, a criminal record can still inhibit individuals from finding employment or being licensed in particular occupations. Occupational licensing regulations sometimes have a blanket prohibition on individuals with any criminal convictions, or “good moral character” clauses that allow a licensing board to deny a license for an arrest without conviction. This contributes to a large segment of the population being unable to work, even if their arrest or conviction occurred years prior to their application.

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