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