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Searching Occupational Licensing BoardsProfessional occupational licensing, certifications, and registrations are generally a matter of public record, intended to protect the public from fraud and the unqualified. The Council on Licensure, Enforcement, and Regulation (CLEAR) is an organizational resource for entities or individuals involved in the licensing, non-voluntary certification or registration of hundreds of regulated occupations and professions. The set of definitions for occupational regulation that CLEAR provides is well said:
"Registration The least restrictive form of occupational regulation, usually taking the form of requiring individuals to file their names, addresses, and qualifications with a government agency before practicing the occupation. This may include posting a bond or filing a fee.
Certification The state grants title protection to persons with certifications. Uncertified individuals may practice the same or similar job duties, but specialized titles are reserved only for individuals who have the related certification.
Licensure The most restrictive form of professional and occupational regulation. Under licensure laws, it is illegal for a person to practice a profession without first meeting state standards.”
Source: www.clearhq.org/
Types of Agencies InvolvedWith the above definition in mind, there are several, general types of agencies involved with the registration, licensing, or certification of credentials.
Private EntitiesFor many professions, the certification body is a private association that has set the licensing or certification standards. An example is the American Institute of Certified Public Accountants, which sets the standards for becoming a Certified Public Accountant (CPA).
Many other professional licenses are based on completion of the requirements of professional associations. In addition, there are many professional designations from such associations that are not recognized as official licenses by government. These designations are basic certifications in fields that are so specialized that they are not of interest to the states, but rather only to the professionals within an industry. For example, the initials “CFE” indicate an individual is a Certified Fraud Examiner and has met the minimum requirements for that title from the Association of Certified Fraud Examiners.
See the Trade Associations section later in this chapter for resources that may oversee credentialing.
State Entities A state agency can administer the registration, certification, and occupational licensing of an individual intending to offer specified products or services in the designated area. If registration alone is required, there may not be a certification status showing that the person has met minimum requirements. Using the CPA example above, the New York State Education Department, Office of the Professions, oversees the preparation, licensure, and practice of its CPAs.
Businesses may also fall under the administration of state entity, per statute. For example, a state may require business registration for an entity to do business or offer specified products or services in a designated area, such as registering a liquor license. Some business license agencies require testing or a background check. Others merely charge a fee after a cursory review of the application.
Often the state agencies are referred to as licensing boards. Sometimes many, many boards are under the direction of one specific branch of regulatory government. An example is health care related vocations. The BRB Publication’s database of occupational licensing boards lists over 8,750 individual job titles or businesses that are administered for licensing, registration or certification by 1,976 different state entities. Some level of online searching of names and enforcement actions exists for over 5,000 of job titles or businesses.
Local EntitiesLocal government agencies at both the county and municipal levels require a myriad of business registrations and permits in order to do business (construction, signage, sell hot dogs on a street corner, etc.) within their borders. If you decide to check on local registrations and permits, call the offices at both the county — try the county recording office — and municipal level — try city hall — to find out what type of registrations may be required for the person or business you are checking out. Several of the free links lists sites will connect you to online searching sites if available.
Searching Tips While online validation is helpful, true due diligence often requires confirmation or certification form the agency involved. While some agencies consider their information private and confidential, most agencies freely release at least some basic data over the phone or by mail. When you verify credentials, be aware of what distinguishes each type, which in turn could alter the questions you ask.
Research indicates that many agencies appear to make their own judgments regarding what specifically is private and confidential in their files. For example, approximately 45% of the agencies indicate that they will disclose adverse information about a registrant, and many others will only disclose selected portions of the information or merely verify a credential.
In any event, the basic rule to follow when you contact a licensing agency is to ask what specific kinds of information are available.
What Information May Be AvailableAn agency may be willing to release part or all of the following—
- Field of Certification
- Status of License/Certificate
- Date License/Certificate Issued
- Date License/Certificate Expires
- Current or Most Recent Employer
- Social Security Number
- Address of Subject
- Complaints, Violations or Disciplinary Actions
FeesThere is no charge to verify if a particular person is licensed; this can usually be done by phone. You should expect that receiving basic information will only involve a phone call – or an Internet search – and that you will not be charged for obtaining a status summary.
Anything more extensive will generally incur costs. The fee for copies or faxes ranges from $.25 to $2.00. A fee of $5 to $20 usually applies to written requests. This is due to the fact that written certifications give more information than verbal inquiries, i.e. disciplinary action, exam scores, specific dates. A fee of $25 or more is typical for a list of licensed professionals. For example, a hospital might need a roster of registered nurses in a certain geographic area.
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