Threats to Professional Licensure: State List

Ohio

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:
Introduced in the House of Representatives on 7/2/2018.
Summary:

The measure is a massive overhaul to reform occupational licensing in Ohio and appears to be a major threat to occupational licensure in Ohio. It is articulated that it is the policy of the state, that the state will use the least restrictive regulation to protect consumers from present, significant, and substantiated harms that threaten public health and safety. The policy of employing the least restrictive regulation shall presume that market competition and private remedies are sufficient to protect consumers.

In this goal, the measure:

  • Sets an expiration date for occupational licensing boards.

  • Requests that the President of the Senate and the Speaker of the House of Representatives to direct standing committees to review 20% of occupational licensing boards each year. All occupational licensing boards would be reviewed over a five-year period including calendar years 2019 through 2023, and also during each subsequent five year period.

  • Establishes that with each occupational licensing that is scheduled to be reviewed by a standing committee there will be the burden of demonstrating to the standing committee a public need for its continued existence, including whether or not continuation of the board is necessary to protect the health and safety of the public, and if so, whether or not the board's authority is narrowly tailored to protect against present, recognizable, and significant harms to the health and safety of the public.

  • Articulates that with respect to legislation that is introduced, which proposes to substantially change or enact an occupational regulation, the Director of the Legislative Service Commission shall perform an assessment of the legislation with respect to proposing the least restrictive regulation to protect consumers from present, significant, and substantiated harms that threaten public health and safety.

  • Establishes that beginning in 2018, the Director of the Legislative Service Commission shall perform an assessment of approximately 20% of occupations regulated by the state. The director shall, over a five-year period including calendar years 2018 through 2022, perform assessments of all occupations subject to regulation by the state.

SB 255 could seriously threaten the future of the PE license in Ohio. NSPE alerted the Ohio Society of Professional Engineers to the bill and is collaborating on efforts to defeat the legislation. In May 2018, NSPE submitted letters in opposition to this bill to state legislators.

“Right to Engage in a Lawful Occupation Act.” This kind of legislation seeks to establish the least restrictive means of regulating an occupation. It often proposes the elimination of licensure requirements for certain professions but does not specifically target professional engineers.
Legislative/Executive Order/Regulatory:
Legislative
Bill Number:
Status:
HB 289: Heard in the House Government Accountability Committee on 1/30/2018.
Summary:

This measure, if passed, occupational licensing boards will expire on December 31, 2023 or five years after the board’s creation, whichever is later. This emancipates a person to engage in the profession without an occupational license, notwithstanding any law that requires a person to possess a license to lawfully engage in that profession. An occupational licensing board may be renewed by enactment of a law that continues the statutes creating, empowering, governing, or regulating the board. A standing committee will be created to review licensing boards. The licensing boards must submit their workload and purpose, as well as demonstrating public need to the standing committee.

HB 289 could threaten the future of the PE license in Ohio. NSPE alerted the Ohio Society of Professional Engineers to the bill and is collaborating on efforts to defeat the legislation.

Legislation that increases state oversight of occupational regulatory boards.
Legislative/Executive Order/Regulatory:
Legislative
Bill Number:
Status:
Died in Committee in 2016.
Summary:

This measure sought to review compliance with antitrust requirements.