Occupational Licensing
In 2024, health care practitioners like physicians, nurses and behavioral health professionals were the focus of a substantial portion of licensing reform. Continuous workforce shortages within the health care industry have spurred lawmakers to tap into foreign-trained talent pools to fill vacant positions. California Assembly Bill 1395, for example, creates a pilot program to allow up to 30 licensed physicians and dentists from Mexico to obtain a three-year nonrenewable license to practice medicine. Applicants must seek an appropriate three-year visa and social security number from the federal government within 14 days of being issued the medical license.
Several other states have enacted legislation increasing access to licensure for internationally-training physicians. Idaho House Bill 542 intends to remove barriers that prevent high-quality, internationally licensed physicians from filling vacancies in Idaho, including in rural and primary care settings, by eliminating unnecessary training duplication. Illinois House Bill 778 establishes, in collaboration with the Governor's Office of New Americans, a clinical readiness program to provide direct services to international medical graduate physicians seeking to reestablish their medical careers and obtain residency in the State.
Other Relevant Legislation
- Tennessee Senate Bill 1936—Issues a foreign training license of limited duration to an international medical school graduate after successful completion of an examination.
- Louisiana House Bill 972—Grants temporary permits and licenses to certain international medical graduates that have been granted a medical doctorate or "substantially similar" degree by an international medical program of good standing.
- Virginia House Bill 995—Issues a provisional license to a physician licensed in a foreign country for no more than two years, then a subsequent renewable two-year license if the physician practices in a medically underserved area.
States also refined how they handle individuals with criminal records who wish to obtain an occupational license. A handful of states advanced their strategies to reduce barriers to licensure, while other states increased requirements for background checks and fingerprinting.
A few states, including Arizona and Colorado, have focused on increasing accessibility for individuals with criminal convictions. Arizona Senate Bill 1367 implemented a pre-qualification standard to allow applicants to petition a licensing agency for a determination on whether their criminal record disqualifies them from obtaining a license. This process helps ensure that people with criminal records can devote their time and resources into occupations that will lead to gainful employment.
Colorado's House Bill 1004 creates a "time limit" protection for individuals with a conviction on their record. This protection creates a three-year period in which regulators can consider an applicant's conviction. The period begins on the date of conviction or the end of incarceration, whichever date is later. After the three-year period has ended, regulators must only consider the individual's application in the same manner as an applicant who does not possess a prior criminal record.
Other Relevant Legislation
- South Dakota Senate Bill 57—Allows applicants to present evidence demonstrating that the crime at issue does not directly relate to the relevant profession or occupation. Applicants can also present evidence of rehabilitation.
- Tennessee House Bill 1859—Prohibits the licensing authority from using a vague term, like "good moral character" in its consideration without also providing an explanation of how a prior conviction directly relates to an applicable occupation.
Additionally, many states have implemented new requirements for background checks and fingerprinting, particularly for medical-related occupations. Nebraska, Oklahoma, and New Hampshire have all made certain medical professions subject to criminal background checks as a condition of initial licensure and reinstatement. While Nebraska Legislative Bill 1214 applies this standard to a wide range of medical occupations, Oklahoma House Bill 3328 specifies the requirement for registered nurses and New Hampshire Senate Bill 371 focuses on the regulation of physicians.
Other Relevant Legislation
- Maryland Senate Bill 175—Requires applicants for an optometry license to submit to a criminal history record check through the Central Repository for a state and national criminal history record check.
- Pennsylvania House Bill 2200—Requires an individual applying for a license as a health care practitioner to submit a full set of fingerprints to the state police. The police shall submit the fingerprints to the Federal Bureau of Investigation.