Threats to Professional Licensure: State List

Colorado

» 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 1117
Status:
Introduced January 16, 2019 Postponed indefinitely by House Committee on Business Affairs and Labor 2/13
Summary:

HB 1117 requires the Department of Regulatory Affairs to presume that consumers are sufficiently protected by market competition and private remedies, and to create occupational regulations only where the department finds credible evidence of a present, significant, and substantiated harm to consumers.

» 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: SB 236; SB 193
Status:
SB 236: Failed upon adjournment on 5/9/2018
SB 193: Failed upon adjournment on 5/9/2018
Summary:

SB 236 required the Department of Regulatory Affairs to presume that consumers are sufficiently protected by market competition and private remedies, and to create occupational regulations only where the department finds credible evidence of a present, significant, and substantiated harm to consumers.

SB 193, or the “Right to Earn a Living Act” prohibited state agencies from imposing a personal qualification requirement in order to engage in a profession or occupation unless the agency could show that the requirement was demonstrably necessary and narrowly tailored to address a specific, legitimate public health, safety, or welfare objective.

On or before July 1, 2019, every agency would have been required to review occupational regulations and determine whether any regulations should be repealed or amended based on specific requirements. An individual could also file a petition with an agency requesting that an occupational regulation be repealed or amended.

NSPE alerted NSPE-CO to these pieces of legislation and collaborated to oppose these measures.

» 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: SB 236; SB 193
Status:
SB 236: Failed upon adjournment on 5/9/2018
SB 193: Failed upon adjournment on 5/9/2018
Summary:

SB 236 requires the Department of Regulatory Affairs to presume that consumers are sufficiently protected by market competition and private remedies, and to create occupational regulations only where the department finds credible evidence of a present, significant, and substantiated harm to consumers.

SB 193, or the “Right to Earn a Living Act” prohibits state agencies from imposing a personal qualification requirement in order to engage in a profession or occupation unless the agency can show that the requirement is demonstrably necessary and narrowly tailored to address a specific, legitimate public health, safety, or welfare objective.

On or before July 1, 2019, every agency is required to review occupational regulations and determine whether the regulation should be repealed or amended based on specific requirements. An individual may also file a petition with an agency requesting that an occupational regulation be repealed or amended.

NSPE alerted NSPE-CO to these pieces of legislation and collaborated to oppose these measure.