Threats to Professional Licensure: State List


“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.
 Potential Threat
Legislative/Executive Order/Regulatory: Legislative
Bill Number: AB 2409
Voted Do Not Pass in the Assembly Business and Professions Committee, but referred to Committee on Judiciary on 4/17/2018.

This bill establishes that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.

The bill would also include within this the right of a person with a criminal record to obtain a license and not to have a board use the person’s criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. The bill would also include the right of a person who is behind on his or her taxes or student loans to petition a board not to use these factors against that person, as prescribed.

NSPE reached out to the California Society of Professional Engineers about this legislation and will continue to work together to defeat attacks on the PE license.