Threats to Professional Licensure: State List
HB 50: Failed upon adjournment on 4/14/2018.
HB 465 comprehensively reorganizes all boards and commissions, pulling them under direct state oversight. In fact, the State Board of Licensure for Professional Engineers and Land Surveyors would be under the authority of the Land Development Authority. These new departments would call for a regular five year review of all regulated occupations and boards.
Following the department’s review and evaluation, the departments shall prepare a report to the Governor and to the Legislative Research Commission concerning each occupation and board that the department reviews and evaluates including any recommendations for legislation, including whether:
1. The regulation of a regulated occupation should be modified;
2. The board should be combined with another board;
3. The board or the regulation of the occupation should be terminated;
4. A license should be eliminated; or
5. Multiple licenses should be consolidated into a single license;
NSPE reached out to the Kentucky Society of Professional Engineers about the legislation and will continue to work together to defeat attacks on the PE license.
HB 50 establishes that by November 15, 2018, and by November 15 every five years thereafter, each administrative agency shall conduct a comprehensive review of all occupational licensing regulations within its jurisdiction.
For each occupational licensing regulation, the agency shall determine as part of its review:
(a) How the regulation is limited and essential to fulfilling the statutory requirements for the entry of a person into a market, business, occupation, or profession;
(b) Any unnecessary burdens or restrictions that may limit a person's entry into a market, business, occupation, or profession; and
(c) That the regulation is carefully tailored to ensure the legitimate health, safety, and welfare of the public.
If an agency finds that an occupational licensing regulation does not meet the objectives identified above, the agency shall:
(a) Repeal the occupational licensing regulation;
(b) Amend the regulation to conform to the requirements
(c) Identify in the form of recommendations any actions necessary to repeal, modify, or amend the regulation if the agency does not have the authority to do so.
Any person may also petition an agency to repeal or modify an occupational licensing regulation within the agency's jurisdiction if the occupational licensing regulation does not meet the criteria identified in this Act.
NSPE has reached out to the Kentucky Society of Professional Engineers and is collaborating to ensure that engineering licensure is protected in Kentucky.