By Caroline Miller & Ronne Hines
Occupational licensing requirements can often seem to prevent a justice-involved job seeker from entering the field of their choice. The process of applying for a license can be confusing or intimidating. In many cases, job seekers will give up on a dream of entering the career of their choice, when there may have been additional options available to them. Understanding the occupational licensing process, as well as common misconceptions, is critical for effectively navigating occupational licensing barriers. Here are three common myths around obtaining an occupational license for a justice- involved job seeker:
Myth #1: If your application is denied you cannot get a license
If your application for a license to practice is denied in the U.S., you may have several options to still obtain a license. The specific process can vary by state and profession, but here are common steps you might take:
Request a Written Explanation/ Reason for Denial: Obtain a detailed explanation of why your application was denied. This will help you understand the specific issues that need to be addressed.
Administrative Review: Many licensing boards offer an internal review process where you can request a reconsideration of your application. This might involve submitting additional documentation or clarifications.
Addressing Deficiencies: Sometimes, addressing the specific deficiencies noted in the denial (e.g., additional coursework, training, or exams) and reapplying can be a viable option.
Seeking Licensure in Another State: If the denial is specific to one state, you might consider applying for licensure in another state with different requirements or more favorable regulations.
Support and Resources/ Professional Associations: Many professional associations offer resources and support for members facing licensing issues, including guidance on the appeal process.
State Ombudsman: Some states have an ombudsman or similar office that can assist with navigating regulatory issues and appeals.
Myth #2: There is one path to licensure
State professional and occupational regulation in the U.S. varies significantly by jurisdiction and profession due to differences in state laws, regulatory structures, and the specific requirements for each profession. These variations reflect the diverse approaches states take to balance public safety, professional standards, and economic opportunities.
State Agencies vs. Independent Boards: Some states regulate professions through state agencies, while others use independent boards. For example, medical professionals might be regulated by a state medical board, whereas cosmetologists might be overseen by a state department of professional regulation.
Legislative vs. Administrative Authority: In some states, licensing requirements are set by state legislatures, while in others, regulatory agencies or boards have the authority to establish these requirements.
Specific Professions:
Healthcare: Professions like medicine, nursing, and pharmacy are heavily regulated with stringent requirements to ensure public safety.
Trades: Electricians, plumbers, and other trades often have specific state and local licensing requirements that include apprenticeships, experience hours and examinations.
Emerging Fields: Newer professions, such as those in technology or wellness, may have less standardized regulations, leading to greater variability.
Myth #3: Regulations tend to become stricter over time
Occupational and professional regulations can either reduce barriers or add additional regulatory requirements, depending on the approach taken by the state or regulatory body. These regulatory approaches reflect the balance between maintaining high professional standards and making it feasible for individuals to enter and remain in their chosen professions.
Reducing Barriers:
Reciprocity Agreements: Some states have agreements to recognize licenses from other states, making it easier for professionals to move and work across state lines. Many states are now focused on mobility and revisiting pathways to achieve this goal.
Streamlined Processes: Simplifying the application and renewal processes can reduce administrative burdens. This might include online applications and automatic renewals.
Lower Fees: Reducing the cost of obtaining and renewing licenses can make it more accessible for individuals to enter certain professions.
Military and Spouse Provisions: Special provisions for military personnel and their spouses can facilitate easier transfer of licenses when relocating.
Apprenticeship Programs: Offering more apprenticeship opportunities can provide practical pathways to licensure without the need for extensive formal education.
Adding Additional Regulatory Requirements:
Increased Education and Training: Some professions require more extensive education and training to ensure high standards of practice and public safety, particularly where the population being served is at risk.
Examinations: Introducing or increasing the scope of licensing exams can ensure that only qualified individuals enter the profession.
Continuing Education: Requiring ongoing education for license renewal ensures that professionals stay current with industry standards and practices.
Background Checks: Implementing background checks as part of the licensing process can add an extra layer of scrutiny to protect public safety.
Specialized Licenses: Creating specialized designations for different areas within a profession can ensure that practitioners have the specific skills needed for their particular field.
Access to quality employment is the foundation for building an equitable economy. While there is still a lot of work to be done on a policy level to ensure states and licensing boards are not excluding individuals unduly from obtaining an occupational license, understanding current processes can help present day job seekers to realize their dreams and entering careers they may have believed out of reach.
Caroline Miller and Ronne Hines are former regulators and past presidents of the Council for Licensure, Enforcement and Regulation (CLEAR) who currently lead The Regulatory Consulting Group.