Threats to Professional Licensure: State List
The "Occupational Regulation Defense Act" allows an individual to assert a defense against the enforcement of an occupational regulation. The individual shall have the initial burden of proving by clear and convincing evidence that an occupational regulation substantially burdens the individual's right to pursue a lawful occupation.
If the individual meets the burden of proof, the state or political subdivision shall demonstrate by clear and convincing evidence that the state or political subdivision has an important interest in protecting against present and recognizable harm to the public health or safety and that the occupational regulation is substantially related to and the least restrictive means for furthering that important governmental interest.
Creates the Boards and Commissions Task Force to:
- Evaluate the purpose and necessity of each existing board and commission;
- Determine the cost-effectiveness of each board and commission by considering their governmental, economic, and societal costs and benefits;
- Identify opportunities to eliminate or consolidate boards and commissions;
- Identify opportunities to modify the size, mission, and structure of boards and commissions;
- Identify opportunities to reduce barrier to entry in occupational licensing programs;
- Recommend comprehensive executive and legislative reform proposals to the Governor no later than October 31, 2017.
The Task Force provided policy recommendations to the Governor in October 2017 in its Task Force Report, emphasizing that if all recommendations were undertaken, “close to 450 gubernatorial appointments will be eliminated.”
HB 1466: Died in Committee in 2016.
In 2016, HB 1466 was introduced to establish guidelines for the regulation of occupations and professions not regulated by the Division of Professional Registration. The bill specified that an individual may engage in the occupation of his or her choice, free from unreasonable government regulation. The bill also stated that the state of Missouri may not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. This measure died in committee. NSPE and the Missouri Society of Professionals Engineers closely monitored this bill.
In 2017, four similar pieces of legislation were refiled (HB 272; HB 413, HB 609 & HB 480). In committee, these measures were substituted and combined into one measure; HB 480. This bill sought to establish guidelines for the regulation of occupations and professions not currently regulated by the Division of Professional Registration, within the Department of Insurance, Financial Institutions and Professional Registration, as well as guidelines for substantially increasing the scope of practice of currently regulated occupations and professions. The bill specified that the state may not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. Although this measure passed the House in March 2017, the measure died in the Senate Professional Registration Committee.