professional regulation u.s. style. “state’s rights” issue viewed as a “police” power...
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Professional Regulation
U.S. Style
“State’s Rights” Issue
Viewed as a “police” power delegated to the States by the Tenth Amendment of the U.S. Constitution
Notable exception: Real Estate Appraisers mandated by federal legislation (1989 Savings and Loan Bailout Bill)
Common Features
Exist for “public protection,” initially from incompetent practitioners
Most professions are regulated by boards (or commissions) consisting primarily of professional members
Organizational Structure
“Autonomous” boards that exist as freestanding agencies
“Central Agencies” that provide oversight of boards’ licensing and regulatory activities, budget, human resources
Central Agencies where the boards act only in an advisory capacity
Board Responsibilities
Establishing entrance requirementsEducation, training & experienceAssessing initial competence
Rulemaking Discipline? Continued competence/education? Rehabilitation of impaired professionals
Scope of Practice
Inconsistent between states Generally established through a “political
process” Seems to be a moving target, often the
authority results from changes in practice or new technology, i.e. laser hair removal
Funding for Professional Regulation Generally a “tax” on professionals
This can be difficult/expensive for occupations with a small license base
Some boards get general fund appropriation
Most depend on legislative appropriation, often unrelated to revenue
Discipline
Most, if not all, states have an “Administrative Procedures Act” that governs the disciplinary process
Cases may be decided by the board or by an administrative law judge, or in some cases by the agency director