Licensing Laws Research Articles

How do licensing boards provide oversight? An Idaho case study

AbstractOccupational licensing laws are designed to improve service quality and protect consumers from harm by establishing entry requirements and oversight of practising professionals. Evidence on the effects of licensing is mixed. The quality of services is difficult to measure objectively, complicating attempts to compare costs and benefits of regulation. A 2017 executive order in the US state of Idaho required licensing boards to report disciplinary actions against professionals. This new source of data provides some insight into the type of enforcement undertaken by licensing boards. We find that disciplinary actions directly related to quality are rare. Between 0.01 and 0.38 per cent of licensees are disciplined for quality‐related issues; 36 to 53 per cent of total disciplinary actions are directly related to quality, with the rest covering technical breaches.

Substance use in Guyana: Echoes of the colonial past

AbstractThe impact of intoxicating substances both licit and illicit has been integral to expressions of colonial power and the control of colonised populations, including in Caribbean societies. Historically, licensing laws and carceral institutions were used to discipline workers, and the ongoing criminalisation of certain drugs illustrates the transhistorical legacies that continue to haunt former British colonies like Guyana. Focusing on prisons and prisoners to explore the histories and lingering legacies of colonial drug policies in the country, despite a much‐changed international context, this article documents experiences of, and approaches to, the management and prohibition of psychoactive substances. It reveals connections and continuities between substance use, enslavement, labour, and incarceration, and their relationship both to what we conceptualise as ‘the colonial imaginary’ and ‘booty capitalism’ of the modern age. The article will show how now and in the past, the colonisers partook in extractive booty capitalism (Weber, 1930), while in order to survive, the colonised partook in booty capitalism of the streets (Wacquant, 2003).

Role of the Built Environment, Roadway Characteristics, and Socioeconomic Factors in Keeping Teen Drivers Safe: An Investigation of the Factors Most Related to Teen Driver Fatalities

The role of engineering, through infrastructure design, is known to influence safe driving behavior generally, yet the areas of possible intervention that could improve safe outcomes for teens are less understood. It is critical to identify interventions specific to teens, as they have different driving risk factors than more seasoned drivers, and motor vehicle crashes are the second leading cause of death among teens in the United States. We examined 5,210 fatal crashes from 2015 to 2019 in Ohio using Fatality Analysis Reporting System data. We employed multinomial logistic regression to associate the likelihood of fatal crashes involving younger teens (16 to 17 years old) or older teens (18 to 19 years old) relative to adults (20 years and older) with built environment, socioeconomic, and roadway characteristics at crash locations. Separating crashes into the two groups of teens allowed us to distinguish the possible impact of training, as younger teens are mandated to undergo driving education and behind-the-wheel training under Ohio’s graduated driver licensing laws. We found that compared with neighborhood socioeconomics, built environment factors were more significant predictors of the likelihood of fatal crashes involving younger teens compared with adults. Specifically, fatal crashes at locations with lower road density and more diverse land use were more likely to involve younger teens. Although these results could be related to a mix of younger teen driver behavior and exposure factors, the finding highlights that improving the safety of local roads in urban and rural settings could help stem teen driving fatalities.

Firearm Purchaser Licensing Laws and Firearm Deaths Among Adolescents and Emerging Adults

Research on firearm purchaser licensing laws has found population level reductions in firearm-related mortality. Limited research has been conducted specifically examining the impact of these laws among adolescents and emerging adults. We obtained death data from the National Center for Health Statistics from 1990 to 2019. We generated state-year rates of homicide and suicide, stratified by firearm involvement, for decedents aged 15 to 24. We stratified by race and ethnicity (white, Black, and Hispanic) to assess for differential policy effects. We used stacked difference-in-difference and augmented synthetic control modeling to estimate law repeal or adoption. Repeal of firearm purchaser licensing laws was associated with significantly higher rates of firearm homicide and suicide among those age 15 to 24. The adoption of these laws was associated with significantly lower rates of firearm homicide and suicide among this group. These laws are a promising supply-side intervention to reduce firearm mortality among those with elevated violence vulnerability.

Firearm injury hospitalizations and handgun purchaser licensing laws: longitudinal evaluation of state-level purchaser licensure requirements on firearm violence, 2000–2016

BackgroundHandgun purchaser licensing (HPL) laws mandate individuals to obtain a license from law enforcement before buying a firearm. Research indicates these laws effectively reduce various forms of fatal firearm violence, including homicides, suicides, and mass shootings. Our study sought to assess the impact of HPL laws on non-fatal firearm violence.MethodsUtilizing the augmented synthetic control method (ASCM), we estimated the average treatment effect on the treated (ATT) resulting from a full repeal of an HPL law in Missouri (2007), a partial repeal in Michigan (2012), and an adoption on HPL law in Maryland (2013) on firearm injury hospitalizations. We utilized RAND's healthcare cost and utilization project-based dataset from 2000 to 2016 for our outcome variable. We conducted in-time placebo testing and leave-one-out donor pool testing as sensitivity analyses.ResultsMaryland’s adoption was associated with a statistically significant 32.3% reduction in firearm-related injury hospitalization (FIH) rates (ATT = − 0.497, standard error (SE) = 0.123); Missouri’s repeal was associated with a statistically significant 35.7% increase in FIH rates (ASCM = 0.456, SE = 0.155); and Michigan’s partial repeal showed no statistically significant associations with FIH rates (ATT = − 0.074, SE = 0.129). Sensitivity analyses confirm the robustness of the estimated HPL effects.DiscussionHPL laws appear to be protective against hospitalizations for nonfatal firearm injuries. These findings align with prior research indicating that HPL laws are effective in reducing fatal firearm violence. States without such licensing systems ought to consider these robust policies as a means to address firearm violence.

License to drive: State driver’s licensing laws and the travel of unauthorized immigrants

Since 1993, eighteen states and the District of Columbia have adopted laws allowing unauthorized immigrants to acquire driver’s licenses. California is one of these states, passing the Safe and Responsible Drive Act (AB 60) in 2013. In this paper, we examine the relationship between the adoption of state driver’s licensing laws and the commute mode of unauthorized immigrants. We focus specifically on the proportion of unauthorized Latin American immigrants in California who commute by car, drive alone to work, and commute by public transit, testing a number of model specifications and proxies for identifying undocumented immigrant residents. We find that the implementation of AB 60 was associated with a 2.0 percentage-point increase in car commuting and a 4.2 percentage-point increase in driving to work alone by unauthorized immigrants. Results also show a 1.4 percentage-point decline in the rate of commuting by public transit after AB 60′s implementation. This drop in transit use, however, was less statistically robust than findings regarding car commuting.

The Restructuring Righteous Foreign Worker Regulations: The Challenge of Enormous Influx of Foreign Workers

Foreign workers are needed to overcome the challenge of a shortage of professional workers. However, the ineffectiveness of foreign worker licensing regulations in Indonesia hampers the supply of qualified foreign workers and impacts regional levy revenues. This research aims to structure the rules for the fair use of foreign workers. This is normative juridical research with conceptual, statutory, and comparative approaches. The results of a comparison of foreign worker regulations in Indonesia and Singapore are used to develop a regulatory concept that is more responsive to the use of foreign workers, especially in the health sector. The idea of licensing law and justice theory is used for analysis. The research results show that the regulations on using foreign workers in Indonesia are not yet comprehensive regarding the rules for qualifying foreign workers as a condition for issuing permits and justifying good public services. The issuance of permits to use foreign workers has been hampered because several regions do not yet have implementing regulations that impact the collection of regional levies. Second, setting up mechanisms for utilizing foreign workers in Singapore is relatively easy and successful with strict digital-based permit requirements. Thus, Indonesia needs to adopt a foreign labor policy system with strict requirements for issuing permits that are accessible in terms of bureaucracy, changes to laws, implementation of regulations, and drafting of regional regulations.

Concealed Handgun License Laws and Concealed Handgun License Adoption, 2002–2019

IntroductionNational-level data suggest that gun owners in the United States carry concealed weapons in public at growing rates. This research investigates whether these trends are associated with state adoption of more permissive concealed carry licensing laws between 2002-2019. MethodsData was obtained from 31 U.S. states from 2002-2019. State-level rates of licenses issued, denied, and newly issued per 100,000 residents were calculated and compared across three state legal categories: 1) states that banned carrying concealed weapons and adopted a shall-issue law, 2) states with a may-issue law that adopted a shall-issue law and 3) states that made no changes to concealed carry licensing laws. Difference-in-differences methods were used to compare the rate of licenses newly issued and denied in ban to shall-issue states relative to states with no concealed carry licensing law change during the study timeframe. Data were analyzed in 2022-23. ResultsStates that transitioned from a ban on concealed weapons carrying to shall-issue laws were positively associated (2-6%, SE=.11-.13) with additional new licenses relative to states that did not enact concealed carry licensing law changes. Ban to shall-issue law changes were also associated with denial of substantially more licenses (75-85%, SE=.24-.23). Further, states that transitioned from may-issue to shall-issue laws awarded fewer licenses than those transitioning from a concealed weapons ban to shall-issue laws. ConclusionsState-level concealed carry licensing may inform public health and safety policies as large restrictive U.S. states transition to more permissive concealed carry licensing laws.

Checking the fitness to drive of senior citizens under German law-pending corrective measures to ensure road safety

German driving licence law takes areactive approach to dealing with suitability deficiencies of senior citizens. If the driver is no longer fit to drive and nevertheless participates in traffic, an administrative offence has been committed. If this endangers or injures other people or causes significant damage to property, it may even be acriminal offence. In addition to prosecuting these offences, the driving licence authority may restrict or even withdraw the licence issued. In this respect, senior citizens have ahigh degree of personal responsibility when assessing their fitness to drive. This article presents the current driving license law and discusses the need for changes.Legally, various corrections are required to the current Driving Licence Ordinance and its annexes. At present, there is no clear regulation regarding the general reduction in performance in old age for an event-related assessment of fitness to drive. In addition, in the event of doubts about fitness to drive, the driving licence authority should be expressly granted the power to order standardised driving tests. Furthermore, the legislator must take preventive measures to ensure road safety. He must no longer ignore the current accident situation. In view of the fact that senior citizens aged75 and over are disproportionately involved in traffic accidents with personal injury in terms of their culpable behaviour, it is important to impose moderate restrictions on the personal responsibility of driving licence holders. This is especially true for sensory abilities, which are particularly important in road traffic. Seniors should therefore be required to undergo eye tests from the age of75. From this age onwards, it also seems sensible to introduce compulsory advice on fitness to drive, preferably from your family doctor.

Variation in Young Driver Training Requirements by State

This cross-sectional study evaluates graduated driver licensing laws and requirements for behind-the-wheel training or adult-supervised practice for drivers younger than 18 years.

Overview of State Laws Restricting Alcohol Outlet Density in the United States.

Complementing the extensive research literature demonstrating that increased alcohol outlet density is associated with excessive alcohol consumption and related harms, this article synthesizes information on the types of alcohol outlet density restrictions in US state-level laws. Statutes and regulations related to alcohol outlet density in all 50 states and the District of Columbia in effect as of January 1, 2022, were collected using Westlaw. State-level density restrictions were coded according to 4 variables and overlaid with existing research on state-specific local authority to regulate outlet density. Alcohol outlet density laws in Michigan and Massachusetts were analyzed in detail as case studies. United States. US state-level licensing laws restricting alcohol outlet density. Thirty-three states and the District of Columbia have state-level licensing laws that limit alcohol outlet density. Of those, 25 have population-based restrictions, 8 have distance-based restrictions, 7 have quotas, and 6 require the licensing agency to consider density-related factors. Within the same group of 34 jurisdictions, 22 apply restrictions to both on- and off-premises outlets, 5 apply them only to on-premises outlets, and 7 apply them only to off-premises outlets. Among the 32 states where localities lack authority to license alcohol outlets, two-thirds have state-level laws restricting outlet density. State-level density restrictions also exist in approximately two-thirds of the states where localities have licensing authority. Case studies of Michigan and Massachusetts highlight how state-level density restrictions operate in practice. Two-thirds of jurisdictions have state-level alcohol outlet density restrictions, with population-based restrictions being the most common. In addition, outlet density restrictions may exist regardless of limits on local control and whether localities with authority to enact density restrictions have done so. Policymakers and others can reference this assessment to identify examples and opportunities to strengthen the alcohol policy environment in any given state.

Emission of Parasitic X Rays of Vacuum-electron Tubes with Glass Housings: Implications for the Evaluation of Occupational Doses.

Despite the large variety of high-voltage semiconductor components for medium and high voltage switching and pulse-forming applications as well as for high-power high-frequency generation, the use of vacuum electron tubes still prevails to a considerable degree. Due to the common design incorporating a high energy electron beam which finally is dumped into an anode or a resonator cavity, these tubes are also considered as sources of X rays produced as bremsstrahlung and characteristic radiation, which are referred to as parasitic X rays. Here three types of vacuum-electron tubes, diode, tetrode, and thyratron, with glass housings are investigated. They are predominantly operated in the high voltage range below 30 kV and are not subject to licensing laws. The measurements of the dose rate and X-ray-spectra were performed in the laboratory without complex electrical circuitry usually used in making practical measurements for occupational radiation protection. For the diode tube, where a parasitic X-ray emission is observed only in the reverse operation as a blocking diode, a broad distribution of dose rates of electrically equivalent specimens was observed. This is attributed to field emission from the electrodes. For the tetrode and the thyratron tubes, field emission from the electrodes is identified as the dominant mechanism for the generation of parasitic X rays. Thus, technical radiation protection must focus on shielding of the glass tube rather than optimization of the electrical circuitry.

Extending Driver's Licenses to Undocumented Immigrants: Comparing Perinatal Outcomes Following This Policy Shift.

Research shows that restrictive immigration policies and practices are associated with poor health, but far less is known about the relationship between inclusive immigration policies and health. Using data from the United States natality files, we estimate associations between state laws granting undocumented immigrants access to driver's licenses and perinatal outcomes among 4,047,067 singleton births to Mexican and Central American immigrant birthing people (2008-2021). Fitting multivariable log binomial and linear models, we find that the implementation of a license law is associated with improvements in low birthweight and mean birthweight. Replicating these analyses among U.S.-born non-Hispanic White birthing people, we find no association between the implementation of a license law and birthweight. These findings support the hypothesis that states' extension of legal rights to immigrants improves the health of the next generation.

The research On Illegality and Medical Fault Presumption: On the Application of the Article 1222 Paragraph 1of the Civil Code of the PRC

Fault determination has always been a difficult and controversial issue in the determination of medical tort liability. Article 1222 of the Civil Code stipulates three situations for medical fault estimation and establishes objective standards for medical fault estimation, which has positive significance in overcoming the abstraction and uncertainty of the fault determination standard for “medical level” in Article 1221.
 In judicial practice, Article 1222 (1) of the Civil Code can simplify the difficulty of determining the fault of medical torts, but there are also some problems. The judgment standards for medical violations of “duty of care” and “illegality” are often confused, the administrative and civil legal liabilities arising from medical violations are often confused, and the legal responsibilities of medical institutions and medical personnel in medical torts are not distinguished, There is even a trend of ‘illegal is wrong’.
 This article analyzes the nature and circumstances of illegal medical behavior, and demonstrates the relationship between violating diagnostic and treatment norms and illegal behavior. It further suggests establishing a presumption rule of “illegal” and “fault”, limiting the presumption of “illegal” medical behavior to “fault” in private language and excluding public law provisions; Establish hierarchical application rules when violating the “diagnostic and treatment norms” to presume “fault”, thereby reducing the impact of the current confusion of diagnostic and treatment norms on the presumption of fault; The presumption principle of “illegality is fault” applies to violations of licensing laws and regulations; Violating the legal provisions of diagnosis and treatment and applying the principle of “proximate cause” presumption; The rule of presumption of evidence applies to violations of medical record laws and regulations. Through the above rules, objective evaluation of medical behavior and fair division of medical damage liability can be achieved.

Innovative ways of handling staff shortages in ECEC? Increasing flexibility in the regulatory frameworks for non-traditional and non-German professional staff qualifications

The staff shortages in the early childhood education and care (ECEC) sector in Germany are an important issue. They impact centres that are forced to close earlier, shut down entire groups or are unable to open at all due to the lack of pedagogical staff. However, the federal states have been making efforts to address this problem. This article discusses innovative ways of handling staff shortages based on qualitative analyses of current regulations regarding qualification requirements for the ECEC sector in Germany. Our analysis focused on the question concerning the degree to which a multi-professional orientation is already widespread in the 16 licensing laws of the federal states and what other conditions have to be met by individuals wishing to work in the ECEC sector who have no pedagogical qualifications. The second focus regarding the handling of staff shortages was on the formal recognition of migrant pedagogical staff with non-German qualifications. The results revealed first a tendency to open the labour market to individuals with non-pedagogical qualifications in the majority of the federal states. Second, most of the federal states have created ways of recognising non-German qualifications and of putting in place special regulations for Ukrainian pedagogues. In summary, it can be said that despite the relaxing of the licensing laws, no major changes in team composition could be observed. This is a positive sign given the unchanged division of tasks and positions in the teams, as there are currently no structures in place to adequately support team members with non-pedagogical qualifications.

Exclusion from Within: Noncitizens and the Rise of Discriminatory Licensing Laws

In the United States in the early twentieth century, state and local laws discriminating on the basis of alienage proliferated. Progressive reformers, nativist groups, state legislatures, and city councils sought new methods for restricting noncitizen access to the workplace and the marketplace. As this article demonstrates, the primary vehicle they utilized was state and local licensing laws. Licensing proved to be a powerful tool of exclusion; by 1930, citizenship-based licensing restrictions were present in every state and most major cities. Noncitizens challenged some of these laws, pushing for greater protection of their constitutional rights. The resulting court contests over exclusionary licensing laws led to the creation of a new branch of legal doctrine, one that redefined the relationship between noncitizens and state power. This article highlights the significant and underappreciated role played by state and local laws in shaping the immigrant experience in the Progressive Era. It furthers our understanding of the licensing power and illuminates a pivotal moment in the development of immigrant rights. Today, noncitizens are still excluded from a range of economic activities due to licensing restrictions. This article explores the roots and the spread of this little understood – and still consequential – technique of exclusion.

Long-Term Health Benefits of Occupational Licensing: Evidence from Midwifery Laws

During the late 19th and early 20th century, several states mandated midwifery licensing requirements to improve midwives’ knowledge, education, and quality. Previous studies point to the health benefits of midwifery quality improvements for maternal and infant health outcomes. This paper exploits the staggered adoption of midwifery laws across states using event-study and difference-in-difference frameworks. We use the universe of death records in the US over the years 1979-2020 and find that exposure to a midwifery licensing law at birth is associated with a 2.5 percent reduction in cumulative mortality rates and an increase of 0.6 months in longevity during adulthood and old age. The effects are concentrated on deaths due to infectious diseases, neoplasm diseases, and suicide mortality. We also show that the impacts are confined among blacks and are slightly larger among males. Additional analyses using alternative data sources suggest small but significant increases in educational attainments, income, measures of socioeconomic status, employment, and measures of height as potential mechanism channels. We provide a discussion on the economic magnitude and policy implication of the results.

The association between permit-to-purchase laws and shootings by police

BackgroundFatal and nonfatal shootings by police are a public health issue that warrants additional research. Prior research has documented associations between fatal shootings by police and gun ownership, legislative strength scores, and lax concealed carry weapons laws. Despite research on other firearm-related outcomes, little is known about the impact of permit-to-purchase (PTP) laws on shootings by police. We generated counts of fatal and nonfatal OIS from the Gun Violence Archive from 2015 to 2020. We conducted cross-sectional regression modeling with a Poisson distribution and robust standard errors. In addition to PTP, we included several state-level policies that may be associated with shootings by police: comprehensive background check only (CBC-only) laws, concealed carry licensing laws, stand your ground laws, violent misdemeanor prohibitions, and extreme risk protection orders (ERPO). We controlled for state-level demographic characteristics and included a population offset to generate incidence rate ratios (IRR).FindingsPTP laws were associated with a 28% lower rate in shootings by police [IRR = 0.72, 95% confidence interval (CI) 0.64–0.81]. Shall Issue (IRR = 1.34, 95% CI 1.17–1.53) and Permitless (IRR = 1.61, 95% CI 1.35–1.91) concealed carry laws and CBC-only laws (IRR = 1.12, 95% CI 1.01–1.25) were associated with higher rates of shootings by police. Stand your ground, violent misdemeanor prohibitions, and ERPO laws were not associated with shootings by police.ConclusionsOur study found that PTP laws were associated with significantly lower rates of shootings by police. Removing restrictions on civilian concealed carry was associated with significantly higher rates. State-level firearm policies may be a lever to address shootings by police.

Associations Between State Practice Regulations and Access to Midwifery Care.

This study aimed to identify associations between state policies and access to midwifery care. Identifying policies that facilitate increased access to midwives will help policymakers determine the best methods for increasing access to midwives in their states. This cross-sectional study was conducted at the county level as a secondary analysis of National Vital Statistics data from the Natality online database. The unit of analysis was counties with populations of at least 100,000, and the outcome was the proportion of births attended by midwives in 2019. The potential predictors of increased access to midwifery care were independent midwife licensure, independent midwife prescribing, midwife access to hospital medical staff membership, and midwife Medicaid parity. Medicaid provider resources and state statutes verified Medicaid reimbursement rates and eligibility for hospital medical staff privileges. Each state was categorized as an independent or restricted licensure state according to data from the American College of Nurse-Midwives. Data for the control variable, the presence of a midwifery education program, were gathered from the Accreditation Commission for Midwifery Education. The analysis was conducted as a Poisson regression. There was no association between independent licensing and increased access among all states. Stratifying the analysis by independent licensing law revealed that all but one policy was related to higher rates of midwife attendance at birth. Maximum Medicaid reimbursement correlated with greater access regardless of licensing status. The rate of midwife-attended births in independent licensing states grew as the number of potential predictors in a county increased. Regulatory policies beyond independent licensing are associated with women's access to midwifery services. In independent licensing states, adopting additional policies favorable to midwives may strengthen access to midwifery. Policymakers and regulators can use these findings to identify strategies for accelerating the expansion of midwifery access in their states.

Examining a Hypothesized Causal Chain for the Effects of the 2007 Repeal of the Permit-to-Purchase Licensing Law in Missouri: Homicide Guns Recovered in State and within a Year of Purchase.

Firearm-related deaths are a leading cause of death in the USA. Webster et al. (2014) found an association between Missouri's repeal of a permit-to-purchase handgun licensing law and an increase in firearm-related homicides. The evidence for causality of this association would be strengthened by finding that the increase occurred through the hypothesized mechanism of increasing the ease with which those with violent intent could obtain guns. This study examines two measures: (1) proportion of guns recovered and purchased in-state and (2) time between firearm purchase and recovery by police following criminal use. The repeal was associated from 2008 to 2019 with a 0.05 increase in the proportion own-state gun trace (p < 0.0001, 95% confidence interval: 0.08,0.13) and a 0.10 increase in the proportion of guns recovered prior to 1year after purchase (p = 0.01, 95% confidence interval: 1.20, 1.90). Our study provides supportive evidence for the repeal increasing firearm-related homicides.