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THE EIGHTEEN ESSENTIAL QUESTIONS
CRITERIA FOR OCCUPATIONAL LICENSING[1]
a.To what extent has the public's health, safety, or economic well-being been harmed?
b.Can the claims of proponents of regulations be documented?
a. Are they members of the general public who lack knowledge necessary to evaluate qualifications of those offering services?
b. Are they institutions or qualified professionals who have the knowledge to evaluate credentials?
a. Is there a high degree of independent judgment required of practitioners?
b. How much skill and experience are required in making these judgments?
c. Do practitioners customarily work on their own or under supervision?
d. If supervised, is supervisor covered by regulatory statute?
a.To what extent has it been accepted and enforced?
a. Use of unfair and deceptive trade practices laws.
b. Use of civil laws, such as, injunctions, cease and desist orders.
c. Use of criminal laws, such as, prohibitions against cheating, false pretenses, deceptive advertising.
d. Use of existing standards, such as construction codes, product safety standards.
a. Use of an existing agency under legislative control.
b. Regulation of business employer rather than individual practitioners, e.g., licensing restaurants rather than cooks or wait persons.
c. Registration of practitioners coupled with minimum standards set by state agency.
d. Certification of practitioners, thereby restricting use of title to those who have demonstrated competence.
a. What standards are proposed for granting credentials?
b. Are all standards job-related?
c. How do these standards compare with those of other states?
d. If standards differ from those of other states, can the difference be justified?
e. Are there training and experience requirements?
--1.Are these requirements of equal duration when compared with other states?
--2.Does training include supervised field experience? Is so, is an additional experience requirement justified?
f.Are there restrictions on where or how experience may be acquired? Why?
g.Will alternative routes of entry be recognized?
--1.Will applicants who have not gone through prescribed training/experience be eligible for licensure or certification?
--2.Will licensure or certification in another state automatically allow an individual to be credentialed in this state?
h.Will applicants for licensure or certification be required to pass an examination?
--1.Does an examination already exist?
--2.Does it meet professional and legal testing standards?
--3. If no test exists, who will develop it and how will development costs be met?
i. Is there a "grandparent" clause in the licensing bill?
--1.Is it necessary?
--2.Will such practitioners be required to take a test at a later date?
a.Will license of certificate carry expiration dates?
b.Will renewal be based solely on payment of fees?
c.Will renewal require periodic examination, peer review, evidence of continuing education or other procedures for continued competence?
a. Are members of the public sponsoring the regulatory program?
b. What associations, organizations, or other groups in the state represent practitioners?
c. Approximately how many practitioners belong to each group?
d. Which of the above groups are actively involved in sponsoring regulatory programs?
e. Are other groups supporting the effort? In not, why?
a. Is the occupational group claiming it is prevented from rendering services for which its members are qualified by "scope of practice" statement of another occupation?
b.Is the occupational group seeking licensure in order to gain reimbursement under federal-state programs or private insurers, e.g., Medicare or Blue Cross?
c. Is the public seeking greater accountability of the occupational group?
Footnotes