Wolf proposes shake-up of professional licensing rules

Listen to this article

The governor’s proposals include getting rid of licenses for 13 professions, speeding up the licensing process and changing how licensing boards consider applicants’ criminal backgrounds.

Another proposal would make it easier for military spouses who move to Pennsylvania to transfer licenses from other states.

The proposals stem from an executive order last fall that called for a review of state licensing rules, which cover careers ranging from real estate to hair braiding. Roughly one in five Pennsylvania workers needs a government license, representing more than 1 million workers, according to the governor.

The review notes that professional licensing requirements nationwide have grown steadily since the 1950s but that there has been a move lately to roll them back while seeking to preserve consumer safeguards.

Critics, both liberal and conservative, argue that overly burdensome licensing requirements can stifle economic growth and prevent people from taking up skilled careers, points echoed by Wolf.

“Pennsylvania must be a place where people can put their skills, experience and education to work,” Wolf said in a statement. “Requiring a government license to work in certain jobs helps to keep all of us safe, but those requirements should be fair.”

Many of the changes sought by Wolf will require legislative approval, such as the elimination of licenses. But others need only administrative action. For example, the governor is asking state licensing boards to ensure continuing education requirements align with what is required under state law.

The review underlying the proposals was prepared by the Department of State’s Bureau of Professional and Occupational Affairs. The bureau provides administrative and legal support to Pennsylvania’s 29 professional and occupational licensing boards, which license 255 occupational types.

The largest is the Board of Nursing, which licenses more than 312,000 nurses and dietitian-nutritionists. The smallest is the Navigation Commission for the Delaware River and its Navigable Tributaries, which licenses 42 maritime pilots.

Overall, the review shows Pennsylvania has a mixed record when compared to other states. Application fees, for example, are generally below average or in line with other states, with two exceptions: maritime pilots and hearing aid dispensers/specialists.

The report also found that Pennsylvania draws a harder line on past criminal convictions. State law authorizes licensing boards to consider criminal convictions in making decisions. But 13 of the 29 boards – including boards of pharmacy, medicine and nursing – impose a mandatory 10-year ban for people convicted of felonies under the state’s Controlled Substance, Drug, Device and Cosmetic Act.

Wolf wants to repeal the automatic 10-year ban for anyone convicted of a drug felony. The 13 boards would be able to consider criminal history, but it would not be seen as conclusive of a person’s fitness for a job. 

Wolf also is calling on the state Office of Performance Through Excellence to review the licensing application process to reduce reviews to no more than 10 days, barring any extenuating circumstances. The state’s current average is 13.8 days, according to the review.

The averages vary by individual board, with many taking less than a week to sign off on an initial license. The slowest is the State Real Estate Commission, which takes an average of 53 days to approve initial licensure, according to the review. The State Board of Accountancy takes an average of 19 days.

“We must cut the red tape, reduce the bureaucracy and ensure overly burdensome rules and fees do not block hardworking people – especially our military spouses – from getting a good job, supporting their families and growing our economy,” Wolf said in a statement.

The report, meanwhile, has been delivered to the General Assembly, said J.J. Abbott, a spokesman for the governor. He expected the proposals would draw support from both Democrats and Republicans.

“This has actually been a bipartisan issue,” Abbott said.

What licenses would be eliminated

Wolf is proposing to eliminate licensing requirements for the following professions and replace them with less-restrictive rules:

• Auctioneers: only require registration and bonding.
• Barbers: only require certification from a licensed barber school, passage of examination, minimum hours of training, and registration with the State Board of Barber Examiners.
• Cemetery Broker/Cemetery Salesperson: only require passage of relevant examination, 60 hours of instruction and registration.
• Campground Membership Salesperson: only require registration with the State Real Estate Commission.
• Natural Hair Braiding License: eliminate the license.
• Orthotic fitter/Orthotist/Pedorthist/Prosthetist: only require credentialing, passage of an education program, training, and minimum hours of training.
• Practitioner of Oriental Medicine: maintain existing, but separate acupuncturist licensing requirement to protect public health and safety.
• Rental Listing Referral Agent: only require registration with the State Real Estate Commission.
• Vehicle Factory Representative: only require registration with the State Board of Vehicle Manufacturers, Dealers, and Salespersons.