Threats to Professional Licensure: State List

Indiana

Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Legislative/Executive Order/Regulatory:
Legislative
Bill Number:
Status:
SB 399: Referred to Senate Committee on Commerce and Technology on 1/8/2018.
HB 1299: Referred to House Committee on Employment, Labor, and Pensions on 1/16/2018.
Summary:

These companion measures provide that the small business ombudsman reviews proposed rules that are occupational regulations. The ombudsman shall presume that market competition and private remedies are sufficient to protect consumers when conducting an analysis of an occupational regulation. However, if the ombudsman finds credible empirical evidence of a systematic problem that justifies the adoption of an occupational regulation to protect consumers, the ombudsman shall recommend the least restrictive regulation that addresses the problem. The measure also requires the Attorney General to disapprove a proposed rule if it violates federal antitrust laws.

These companion bills pose a major threat to occupational licensure and could upend engineering licensure in Indiana. It is particularly disconcerting to see in several places in these bills the standard: The ombudsman shall presume that market competition and private remedies are sufficient to protect consumers when conducting an analysis of an occupational regulation. However, if the ombudsman finds credible empirical evidence of a systematic problem that justifies the adoption of an occupational regulation to protect consumers, the ombudsman shall recommend the least restrictive regulation that addresses the problem.

NSPE and the Indiana Society of Professional Engineers are closely collaborating to ensure that these pieces of legislation are defeated.

A regulatory recommendation to eliminate the PE license.
Legislative/Executive Order/Regulatory:
Regulatory
Status:
Report language pertaining to PE’s rescinded.
Summary:

On August 20, 2015, as the result of extensive advocacy efforts by the Indiana Society of Professional Engineers and NSPE, the Indiana Job Creation Commission (JCC) rescinded its troubling recommendation to eliminate licensure of the Professional Engineer. The JCC, which was created in 2014 to examine the licensing of all of the state’s professional boards, released its draft report recommending elimination of the PE license in Indiana. ISPE and NSPE organized a swift, coordinated response to urge the JCC and Indiana Governor Mike Pence to reverse the recommendation. ISPE sent a letter to the JCC Chairman Nick Rhoad and Governor Pence’s office on June 19, urging them to remove the recommendation. At ISPE’s request, NSPE sent a letter addressing the state and national implications of eliminating the PE license and urged the JCC to reverse their decision. The final report was amended but still stated that there would be further consideration of the licensure of engineers. NSPE has been actively monitoring developments around the country and stands ready, willing and able to collaborate with state societies to oppose any and all such efforts. Learn more.