Threats to Professional Licensure: State List

Arkansas

» Threat Type: Other: Tracking Software
» Threat Status:  Potential Threat
Legislative/Executive Order/Regulatory: Legislative
Bill Number: SB 281
Status:
Referred to Transportation, Technology and Legislative Affairs Committee 2/7/19
Summary:

This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.

» Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
» Threat Status:  Potential Threat
Legislative/Executive Order/Regulatory: Legislative
Bill Number: SB 171
Status:
Referred to Public Health, Welfare and Labor committee on 1/28/19
Summary:

SB 171 creates the Sunrise and Sunset Occupational Licensing Commission, which would be tasked with reviewing all occupational licensing regulations. The bill prohibits anyone who is licensed, or whose spouse is licensed, by a particular Board from serving on the Commission that will review the respective Board’s regulations. This means the Commission won’t have any subject matter experts who can speak to the reasoning or necessity for specific regulations.

» Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
» Threat Status:  Potential Threat
Legislative/Executive Order/Regulatory: Legislative
Bill Number: HB 1551; HB 2176
Status:
HB 1551: Died in Committee in 2017.
HB 2176: Died in Committee in 2017.
Summary:

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.