Reform in Our Licensing and  Regulations and Miscellaneous Areas For Good Measure

I have written several articles on postings related to Reform in America. A list of links have been provided at bottom of this article for your convenience. This article will, however address additional areas rife for reform.

I am a registered nurse, the certification board I took was standard for all 50 states, yet, I only got a license for one state. I believe the only reason that the states do this is to get revenue. It costs me a $100 every two years for a license renewal. If I want to work in another state I have to have a license in that state as well. With of course, an additional  fee for that state as well. We periodically have shortages of nurses throughout our country on a regular basis. This is  occurring more frequently since the advent of the Coronavirus pandemic. Would it not make more sense to have a federal license for nurses and other key professions? The federal government could simply split the license fee with the states, so they would get their money. They could still have a department in each state to monitor nurses and doctors, but the laws and regulations would be uniform. This way we could have more freedom of movement and address critical shortages much more easily. As a nurse, I can go to another state but I have to file for a temporary license to work there. Some states do have compacts to facilitate this flow, but it is not enough. You have to live in one of these states to be eligible. Most of the states included are less populous states.

So my question is how does the state and federal government decide which professional licensure and business licensure is regulated at the state level and which ones are regulated at the federal? This is one of the questions I will attempt to answer. In the 2020 presidential election we have seen a lot issues arise, due to poor regulations and laws. What about driving licenses, why do we need a state licenses, instead of one for all the states? This article is not only about professional, business and drivers  licenses. It is about regulations for elections as well. I am kind of funny about laws and regulations, I like them to make sense, I also like them to be uniform and fair as well.  So that is the reason for this article. I know I altered my normal pattern for my articles, but I wanted to include some personal anecdotal information on this one first, to try and personalize it a little.

To find out the reason for state licenses I started by going  to the U.S. Department of Education to gleam some answers.

Introduction

Regulated professions in the United States are generally licensed at the state level, and most licensed professions require some formal postsecondary education or training as a prerequisite for entry. The competent authority for recognizing professional qualifications is generally the appropriate state or territorial licensing authority in the jurisdiction where one intends to work.

Interstate Licensure Reciprocity

Since professional licensure is generally regulated at the state level, it is usually necessary to obtain a separate license for each state in which one wishes to practice. In some instances, reciprocity agreements are in place to make it easier for someone who already holds a license in one state to obtain a license in another state. However, the degree to which such reciprocity exists can vary widely depending on the profession and the states involved. State licensing boards can provide detailed information on the existence of any reciprocity agreements they have with other states.

Licensure vs. Certification

The term “licensure” generally refers to an official process, administered by a state-level authority, that is required by law in order for an individual to practice a regulated profession. The term “certification” generally refers to a function administered by a nongovernmental organization, which is intended to further recognize professional competence based on having met the quality standards of the organization. The prevalence and relevance of certification varies by profession.

In the addendum section I will include a fairly complete list of professions that require state licensing. After looking at the list you will wonder like me why they need to be state regulated? It seems that the only profession that gets a federal license on this list is a pilot. I know that in the constitution in the Amendment X of the Bill of Rights, it states all laws not addressed in the constitution will be addressed at the state level. But just because this has always been the way things have been done, doesn’t mean that they should remain this way. When the Constitution was written, people did not move around quite as much. Interstate travel was much more cumbersome and primitive in nature. An individual  can now  move their household several times in a life time. And just because they move it does not mean that they are going to change their career, so why do they need a new license? The answer is two fold control or power and greed. The states do not want to relinquish their power. We have seen that with the covid pandemic and greed related to all of the revenue accrued from licensing in the state.

I am going to next address businesses. I understand the need for state licensing and regulations, but many businesses cross state lines as well. Some businesses require state and federal regulations. So why have both? If you are going to have a federal regulation for part of the business, why not have it for the whole business? Would this not facilitate the matter. Just because it is mandated at the federal level it doesn’t mean that you can’t have branch offices in each state that can address all of the regulations and licensing. At least they would be uniform. It would also make it easier to track interstate traffic. It would also make it easier to levy taxes on the businesses, if the licensing was federal and the regulations governing them were also standard. Businesses that cross state lines or that have branches or stores in other states would find this much easier to comply with standard regulations. Which brings us to the matter of  internet businesses. One is is sales tax or lack there of. If the business is located in your state you have to pay sales tax, but the guy in the next state does not have to pay sales taxes. If they were regulated by the Federal government, everybody would pay their fare share of the tax burden. The government would have more revenue flowing in and they could share it with the states. By having multiple levels of licensing and regulations, we are building in loopholes that allows cheating to occur. The right hand does not know what the left hand is doing.

Lets delve a little more in depth with what is involved in obtaining a business license, so we can better understand what is involved in the process, and to also show that reform is definitely in order. Let’s face it: there’s a lot of paperwork to file when it comes to starting your new business. It’s not only crucial that you fill out the forms correctly, but that you cover all your bases when it comes to determining which licenses and permits you’ll need to avoid expensive fines or penalties. This can get even more complicated when you consider how many industries there are, and realize that each state has different requirements.

Do I Need a Federal Business License?

If you are in a business that offers services that are regulated by the federal government, then you will need a federal business license. Some of these industries include:

  • Aviation
  • Agriculture
  • Alcohol sales
  • Manufacture or sales of firearms/explosives
  • Using over-sized vehicles to transport products

The Small Business Association (SBA) has a list of the types of businesses that will need to obtain a federal business license and which government agency to contact to apply for a license. 

Do I Need a State Business License?

State business licenses and permits can be a bit more complex since they can vary by state, county or city. However, the chances are very likely that you’ll need to get a license of some sort to run a business in your state.

One of the main reasons businesses have to get a state license is for tax purposes. For example, to pay for licenses and/or fees in the state of California, you’ll need to contact the California Department of Tax and Fee Administration (CDTFA). For just about any business in the state, companies are required to get a Seller’s Permit if they intend to:

  • Engage in business in California
  • Sell or lease tangible personal property that would ordinarily be subject to sales tax
  • Run a short-term business for 90 days or less (like a Christmas tree lot or garage sale)

Check your secretary of state’s website to find out how to apply for your state business license. A good start is just typing your state plus “business license” into your search engine.

What’s the Difference Between a License and a Permit?

A federal and state business license allows you to conduct business and provides accountability that your company is paying its taxes. In certain industries, it also ensures that the company is abiding by government regulations pertaining to the environment, transportation laws or the sales of alcohol or tobacco.

Additionally, professional licensing shows clients or customers that you have completed the education or training needed for working in specialized industries. Doctors, nurses, child care providers, real estate brokers and others must have licenses to prove that they are qualified to work in their specific field.

Permits are usually regulated for safety and are granted after a government official approves the conditions or skills of a business or worker. For example:

  • Those in the various construction jobs need permits to operate cranes, remove asbestos or work with electrical cables.
  • Restaurateurs, food truck owners, and others in the food industry need to get health permits from their county health departments.
  • Nail salons, tattoo parlors and beauty salon owners need health permits.

How Do I Apply for Business Licenses and Permits?

Unless you are planning to serve or sell alcohol, the chances are slim that you’re going to need a federal business license. However, as mentioned earlier, check the SBA’s list of businesses that are required to get a federal business license to avoid penalties down the road.

While you may NOT need a federal business license, you WILL more than likely need a Federal Tax ID number (also called an “EIN”). You’ll need this if you are going to hire employees or want open a business bank account that’s separate from your personal one. I had a business once and I filed for A Federal Tax ID number, it sounds good on paper, but it is just another way that the Federal government can get its pound of flesh. I recommend holding off for a while, if you are just starting out with your business.

Next, check with the state that you’re going to do the majority of your business in or where you want to file your business entity to determine how to get a state business license and learn what permits are required for your industry. Each state has different regulations and expiration dates, so it’s important to check with your specific state to get all of the correct and updated information.

There are services out there to help new business owners. But my question is why is it necessary to have a whole new cottage industry arise to take care of something that really should not have been that difficult to begin with? The same goes with our taxation system. It is so complicated that we have countless tax companies and new career paths (ie tax attorneys, CPA’s, tax auditors and investigators) created just to handle the state and federal taxes in this country. Not to mention how bloated our IRS is. How much of our taxes goes to paying someone to collect our taxes. Because it is so complicated it leaves all kinds of areas for evasion, legal or otherwise. The more money you have the less you pay in taxes. Because you can pay professionals to help you find ways to cut your tax load. By the way these lawyer and accountant salaries and fees are tax deductible. Amazing isn’t it, that the government rewards big business for basically screwing them out of revenues. I don’t think tax prep should be deductible.

We need standard 3 or maybe 4 tiered system with standard deductions. Families with more kids should not get more deductions. Nobody is forcing them to have ten kids. By giving all these benefits to families we are basically enabling many families to become welfare recipients. In the old days you only started a family when you could afford it. Now it doesn’t matter, because big brother will take care of you. The more kids the better. I think we should be teaching our children how to be self sufficient, not dependent. There education should be geared towards that, and not on feel good bullshit that is taught in in K through 12 and in college. Our college system charges prime money for useless degrees. Why is a graduate degree entry level now for many jobs? It used to be that a bachelor degree opened doors, now you need a masters degree or PHD. When these students graduate they have a huge debt burden, before they even start a family. No wonder they need governmental help. We need more technical schools where they teach you skills that you will use. Who needs greek mythology, gerontology, medical sociology, I know because I paid for and took these useless electives. Why is a 4 year degree a 120 credit hours? When over 20 of them are electives, money basically thrown away. We could par off a year just by getting rid of the BS classes.

I did kind of warn you with the title and all, that this article could be a rant of sorts.

Election Reform

When my career in activism started so to speak back in 1999, I was all for eliminating the electoral college. You can even see my proposal that I presented to my Florida congressman on this blog. I have actually included a link to it at the end of this article. I have since changed that view and I have updated my political reform in a more recent article, which is also listed below. I always thought the main reason for the electoral college was a way for rural areas to get their vote out. Now I know that it not only does that but it allows less populous states to still have a say so in our election and our government. I also thought that we should get rid of the filibuster, I thought of it as a way to stand in the way of passing laws and basically getting work done. I guess I never thought of the benefits it could have, like blocking poorly conceived bills. So I eliminated that from My reform proposal, along with a one house congress. I guess some of my plans were simply too progressive. I am now older and hopefully wiser.

So now that you know what I have changed my mind on, lets discuss what should be changed. I know that the 10 amendment stated that all powers not given to the federal government were relegated to the states. The one I want to discuss is the election process. I firmly believe that the states should control how voting is handled for their state and local officials only. Elections for federal officials should be be regulated by the federal government. That means even what type of ballot machine is used. No laws should be passed by the courts that effect elections. That is the purview of congress and the legislature. The lawsuits that were filed by the democrats this year and decisions were made on were and are unconstitutional. Any ballots that were affected by these changes should be thrown out. I want to use an example to help explain my reasoning.

I believe everybody in the U.S. has heard of the NFL, so I will use them as an example. There are 32 teams divided in 2 conferences and 8 divisions. Like in every sport there are rules and regulations which are enforced by referees. Each team has an owner or groups of individuals. The only team owned by the public is the Greenbay Packers. Before every season rules are evaluated by the owners and teams and decisions are made if there will be any changes made. Once there is a general consensus and it is voted on, it becomes a new rule or regulation. Once the season starts, rules are not changed. Like you would not expect for a referee to one week change the quarterback slide rule and say that the quarterback is down where the slide ends and you are still not allowed to tackle him when he starts the slide. If this happened, the NFL would be in an uproar as would all the fans. So this is what happened when the Democrats filed all these last minute lawsuits regarding to mail-in ballots. These laws are unconstitutional and hopefully the Federal Supreme Court will see this as well.

Resources

sites.ed.gov, “International Affairs Office; U.S. Department of Education”; incfile.com, “Common Federal & State Licenses and Permits Your Business Might Need,” By Christina Morales;

Addendum

Professional licenses

Accounting (CPA)
Licensing Boards, by state
Professional Association

Architecture
Licensing Boards, by state
Information for Foreign-Educated Professionals
Professional Association

Athletic/Personal Training
Licensing Boards, by state

Audiology
Licensing Boards, by state
Professional Associations: ASHA / AAA

Aviation Occupations (including Pilot)
Licensing Board [Federal licensure]

Barbering & Cosmetology
Licensing Boards, by state

Chiropractic
Licensing Boards, by state
Professional Association

Clinical Psychology
Licensing Boards, by state
Professional Associations: APA / ABPP / NASP

Counseling (also see Clinical Psychology, Social Work)
Licensing Boards, by state
Professional Association
Professional Association (School Counseling)

Counseling: Marriage & Family Therapy (also see Clinical Psychology, Social Work)
Licensing Boards, by state
Professional Association

Dentistry
Licensing Boards, by state
Professional Association

Dental Hygiene
Licensing Boards, by state
Professional Association

Dietetics & Nutrition
Licensing Boards, by state
Information for Foreign-Educated Professionals
Professional Association

Engineering
Licensing Boards, by state
Information for Foreign-Educated Professionals I
Information for Foreign-Educated Professionals II
Professional Association

Funerary Services
Licensing Boards, by state

Landscape Architecture
Licensing Boards, by state
Professional Association

Law
Licensing Boards, by state
Professional Association

Massage Therapy
Licensing Boards, by state
Professional Association

Medicine
Licensing Boards, by state
Information for Foreign-Educated Professionals
Professional Association (Allopathic Medicine)
Professional Association (Osteopathic Medicine)

Midwifery
Licensing Boards, by state
Professional Associations: MANA / NACPM

Nursing
Licensing Boards, by state
Information for Foreign-Educated Professionals I
Information for Foreign-Educated Professionals II
Professional Association

Occupational Therapy
Licensing Boards, by state
Professional Association

Optician
Licensing Boards, by state
Professional Association

Optometry
Licensing Boards, by state
Professional Association

Orthotics, Prosthetics and Pedorthics
Licensing Boards, by state

Pharmacy
Licensing Boards, by state
Professional Association

Physical Therapy
Licensing Boards, by state
Information for Foreign-Educated Professionals
Professional Association

Podiatry
Licensing Boards, by state
Professional Association

Radiology Technician
Licensing Boards, by state
Professional Association

Social Work (also see Clinical Psychology, Counseling)
Licensing Boards, by state
Professional Association

Speech Pathology
Licensing Boards, by state
Professional Association

Teaching (Elementary & Secondary Level)
Licensing Boards, by state
Professional Associations: AFT / NEA

Veterinary Medicine
Licensing Boards, by state
Information for Foreign-Educated Professionals
Professional Association

Articles on Reform
https://common-sense-in-america.com/2020/12/11/to-make-our-country-great-again-we-will-have-to-start-by-reforming-our-educational-system/
https://common-sense-in-america.com/2020/08/14/police-reform-three-pronged-approach-legislative-reform-and-training-at-federal-and-state-level/
https://common-sense-in-america.com/2020/06/05/government-reform-proposal-february-17-1999/
https://common-sense-in-america.com/2020/11/20/government-reform-revisited/
https://common-sense-in-america.com/2020/08/12/postal-service-reform/
https://common-sense-in-america.com/2020/12/15/reform-in-our-licensing-and-regulations-and-miscellaneous-areas-for-good-measure/