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 requirements  Education, training & experience  Assessing 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