Threats to Professional Licensure: State List


“Right to Engage in a Lawful Occupation Act.” This kind of legislation seeks to establish the least restrictive means of regulating an occupation. It often proposes the elimination of licensure requirements for certain professions but does not specifically target professional engineers.
Legislative/Executive Order/Regulatory:
Bill Number:
HB 1551: Died in Committee in 2017.
HB 2176: Died in Committee in 2017.

These similar bills sought to use "right to engage in a lawful occupation" in affirmative defense in a judicial or administrative proceeding to enforce an occupational regulation. In such action where the defense is raised, these pieces of legislation require the state to prove by a preponderance of the evidence that the regulation is substantially related to an important state interest, and that the regulation is reasonable and no more restrictive than necessary to advance that interest. These bills never made it out of committee and failed upon adjournment. NSPE has contacted the Arkansas Society to discuss next steps to ensure that the license is protected.