News and Commentary
In the American Bar Association Journal, Stephanie Francis Ward covers the news that the New York State Bar Association wishes to create its own exam for the state to adopt in place of the universal exam. Ward explains how this decision has been in the making since 2019 and how the pandemic has impacted it. She also covers how the National Conference of Bar Examiners has responded to the proposal.
In The Advocate of Baton Rouge, Will Sentell covers a new massage therapy law passed by the Louisiana legislature intended to prevent sex trafficking. The law comes in response to an audit showing that the Louisiana Board of Massage Therapy had dismissed 74% of complaints. Among other things, the law “would require the board to send fingerprint samples submitted by license applicants to the FBI and state law enforcement to check for any criminal activity.”
In Vermont Business Magazine, the author covers the response by key government figures to the passing of the Nurse Licensure Compact bill. This bill will admit Vermont into the Nursing Licensure Compact, “a cohort of 35 member states enabling qualified nurses licensed by one state in the compact to practice in the other states without having to obtain a new license each time the nurse crosses state lines.”
In a blog post from Michigan’s Mackinac Center for Public Policy, Jarrett Skorup discusses a new bill to require that solar panels be installed by licensed electricians. Skorup argues that this would increase the cost of installing solar panels while providing little in benefits to safety.
In Reason, Christian Britschgi writes about a retired engineer in North Carolina who has frequently provided free expert testimony in public meetings. The North Carolina Board of Examiners for Surveyors and Engineers now claims that his behavior is unlicensed practice of engineering, a criminal offence. The engineer has now filed a lawsuit alleging that the board is violating his First Amendment right to free speech.
In the Holland & Hart Health Law Blog, Kim Stranger covers Idaho’s new physician assistant collaboration rules. This new law “removes the requirement for individually identified supervising physicians and delegation of services agreements in favor of general oversight and/or collaborative practice agreements.”
In The National Law Review, Nonnie L. Shivers discusses Arizona’s new law to provide “Certificates of Second Chance” for those with criminal convictions, which would enable them to apply for occupational licenses in the state. In addition, the law ensures that employers who hire such individuals receive the same protections as those provided by the state’s limited liability statutes for hiring individuals with criminal convictions.
In a new paper in the Journal of Labor Research, Jing Cai and Morris M. Kleiner examine the impacts of licensing on two very similar occupations, occupational therapists and physical therapists. They find that “the ability of physical therapists to have direct access to patients is associated with a reduction in hourly earnings for occupational therapists, suggesting there is substitution for certain overlapping service tasks across the two occupations.” The authors argue that their research can provide insights into the growing number of licensed occupations that provide similar tasks.