Policy Briefs

In recent years, states have worked to reduce barriers to interstate mobility for licensed professionals through interstate licensure compacts—statutorily enacted agreements among states allowing licensees to practice across state lines—and universal license recognition laws, in which a single state determines its unique process to grant a license by endorsement to a license holder from another state or territory. These policies help to solve similar problems, but there are several major differences. Notably, compacts are tailored to a particular profession and allow licensees to engage in interstate practice in all compact member states, whereas universal recognition laws attempt to account for most or all professions a state regulates, but only with regard to practice within that state’s borders. The following resource provides a summary comparison of some of the benefits states may realize from each policy.

As the COVID-19 pandemic began to spread quickly throughout the United States, it became readily apparent to state leaders that health care workforce capacities might be overwhelmed. Many states provisionally amended occupational licensure policies to reduce regulatory burdens and increase the capacity of hospitals. Non-health care occupations also were temporarily relieved of certain licensing requirements, especially those reliant on in-person services such as continuing education. All 50 states and Washington D.C. passed some licensure streamlining actions in 2020, typically through executive orders and administrative rule changes. These changes are analyzed in a recent policy report by The Council of State Governments (CSG) researchers: “Assessing COVID-19 Occupational Licensing Policy Actions”.

In February, the United States Air Force released new criteria-based framework for its basing decision evaluation process that assesses state occupational licensing policies for supporting military families. The initiative by the Air Force is part of a larger trend by state policy makers and the departments of the military to facilitate interstate migration by military families and lower barriers to employment caused by occupational licensing.

• The COVID-19 crisis has resulted in shortages of qualified, licensed health care and other related professions that are needed to support state and local responses.
  
• States have been enacting measures to modify existing licensing regulations that remove barriers that may prevent an individual to assist in response efforts.
  
• Many states have been granting temporary licensure for out-of-state professionals or those that are otherwise retired, still in training, or have lapsed licenses.
  
• Certain health care practitioners in some states are being granted expanded scopes of practice.
  
• Other states are removing barriers to allow for greater use of telemedicine services.
• States are also waiving or suspending certain requirements related to the maintenance or attainment of licenses where they might require physical travel, interactions or might otherwise be difficult to achieve during the crisis.

Legislation recently introduced in Wisconsin could change the way the state studies proposed occupational licensing regulations. Sponsored by Senator Chris Kapenga and Representative Rob Hutton, Senate Bill 541 calls for the establishment of a sunrise review process that would formally require certain information to be collected and analyzed during the legislative process.

On November 13^th, The Council of State Governments, the National Conference of State Legislatures, the National Governor’s Association, and representatives from the states participating in the Occupational Licensing Policy Learning Consortium were on hand to share some of the successes stemming from the multi-year, Department of Labor funded project. The event saw over 60 individuals in attendance, representing a variety of public and nonprofit policy organizations.