November/December 2017

PE Report
NSPE Reminds Lawmakers of Licensing’s Purpose

As the movement against the regulation of occupations builds momentum, NSPE continues delivering a clear message to lawmakers: Licensure plays a critical role in protecting the public.

On September 12, NSPE Government Relations staff participated in a hearing on occupational licensure held by the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law. In conjunction with the hearing, the Society signed onto a letter with state licensing boards and professional associations opposing federal legislation that would undermine state regulation of occupational licensure. The letter to the subcommittee highlighted the unique and critical role of licensing boards in a free market and how they are mandated to protect the public from harm.

The letter also outlined the results of the 2015 Supreme Court ruling in North Carolina State Board of Dental Examiners v. Federal Trade Commission, which now requires that state licensing boards composed of a controlling number of active market participants be actively supervised by a neutral state entity if the boards want to have state action immunity from federal antitrust law. NSPE believes that the court decision doesn’t recognize that an individual can put aside self-interest and act in the public interest while serving on a board.

The organizations that signed the letter are concerned that putting federal procedural mandates in areas covered by state law and regulation will limit the ability of state and local officials to take good-faith actions. These actions, the organizations argue, are in the best interests of the public, while the mandates will only further erode the constitutional balance of state and federal powers.

NSPE will continue to engage members of Congress to ensure that policies balance concerns about competition, efficiency, and innovation with the principles of federalism and the role of state regulatory boards in protecting the public health and safety.