as an “umbrella agency” in 1989 for...Created as an “umbrella agency” in 1989 for efficiency in professional licensing Professions were scattered, siloed, independent, and

Deputy Secretary of State Chris Winters

➢ Created as an “umbrella agency” in 1989 for efficiency in professional licensing

➢ Professions were scattered, siloed, independent, and unaccountable

➢ Consolidation under one roof made sense for many reasons

History of the Office of Professional

Regulation (OPR)

Secretary of State’s Office

➢ Savings realized through the enhanced productivity of shared resources (staff, space, legal services, IT)

➢ Efficiencies and consistency through the implementation of best practices

➢ Less red tape and more confidence for the regulated community due to standard, necessary, consistent, legal and predictable approaches to regulation

➢ Improved public protection and customer service due to more efficient processing, increased transparency, and co-location of similar services creating ease of access for the public

Creation of OPR resulted in:


➢ Reputation as efficient, responsive and competent

➢ Little staff growth despite dramatic regulatory growth

➢ In the last ten years, unprofessional conduct complaints doubled and licensees increased by more than half

➢ Absorbed growth and maintained even staffing levels due to efficiencies in process, technology and staff restructuring

➢ Fees lowered for several professions in the last ten years (raised 8, lowered 7, 27 unchanged for more than ten years)

➢ Legislature turns to OPR to solve most licensing concerns

OPR Successes


➢ Massage Therapists

➢ Precious Metal Dealers

➢ Foresters / Loggers

➢ Speech Language Pathology Assistants

➢ Dental Therapists

➢ Home Inspectors

➢ Notaries Public from the county courts

➢ Behavior Analysts and Assistants

➢ Alcohol and Drug Abuse Counselors from DOH

➢ Licenses from ANR

Recent licensing discussions:


SECRETARY OF STATE, OFFICE OF PROFESSIONAL REGULATION

➢ Professions: 50

➢ License types: 155

➢ Licensees: ~60,000

➢ Staff: 35

➢ Budget: ~$5 Million

“Licensing” in Vermont:


DEPARTMENT OF HEALTH

JUDICIARY

DEPARTMENT OF LIQUOR CONTROL

AGENCY OF EDUCATION

DEPARTMENT OF PUBLIC SAFETY

AGENCY OF NATURAL RESOURCES

AGENCY OF HUMAN SERVICES

AGENCY OF AGRICULTURE

“Licensing” in Vermont:


The OPR Focus


Licensing: Ensure minimum competency standards to practice

Enforcement: Hold those that commit unprofessional conduct accountable

Adjudication: Afford due process when denying a license or sanctioning a licensee for unprofessional conduct

Harmonization Matters


Other agencies are focused on their missions:➢ Education, Health, Environment, Social Services

Not so good at licensing, enforcement and adjudication…

➢ Multiple processes and approaches to the same function➢ Licensing is not the priority of the agency➢ Lack of licensing expertise➢ Where licensing is not the agency’s mission/focus, inconsistent,

incomprehensible and sometimes even illegal processes exist

Create efficiencies – share resources, standardize, process management

Save money – time, contracts, materials, positions

Improve customer service – online services, timeliness, predictability

Enhance public protection – enforcement, timeliness, consistency, expertise

Increase accountability and confidence – transparency, reputation, effectiveness, trust

The Results


➢ The public deserves consistency, predictability, fairness and services reflecting the fees we charge

➢ A planned and steady approach will increase efficiency, improve service, and over time should reduce the budgets and positions needed to carry out these services

➢ Unifying similar state services and streamlining processes will allow agencies to focus on their missions, not licensing

Why Keep Pushing?



16.8 % of professions regulated

2015


16.8 % of professions regulated

2015


402 hours education/experience required

2015


Sunrise and/or Sunset Provisions

2015

It is the policy of the state of Vermont that regulation be imposed upon a profession or occupation solely for the purpose of protecting the public. The legislature believes that all individuals should be permitted to enter into a profession or occupation unless there is a demonstrated need for the state to protect the interests of the public by restricting entry into the profession or occupation. If such a need is identified, the form of regulation adopted by the state shall be the least restrictive form of regulation necessary to protect the public interest.

VT Sunrise laws (26 V.S.A. § 3101)


➢ A gatekeeper; the ability to slow down and do the analysis

➢ Based on facts, not emotion, money, pride

➢ Empower legislators to defer

➢ Landscape architects

➢ Massage therapists

➢ Foresters

OPR Sunrise Review and Reports:

https://www.sec.state.vt.us/professional-regulation/sunrise-review.aspx

VT Sunrise Reviews


https://www.sec.state.vt.us/professional-regulation/sunrise-review.aspx

Regulatory Review (sunset) added in 2015:

If regulation is imposed, the profession or occupation may be subject to review by the Office of Professional Regulation and the General Assembly to ensure the continuing need for and appropriateness of such regulation.

➢ 9 review factors - effectiveness and consistency with original intent

VT Sunrise laws (26 V.S.A. § 3101)


➢ Anti-trust concerns heightened post North Carolina Dental

➢ Supported by our Attorney General’s Office

➢ A way to ensure the “active state supervision” test is met

➢ The “State” can challenge any board action: written notice, public meeting, issue a decision to reinstate, modify, or terminate the action

Veto power (3 V.S.A. § 123)


3 V.S.A. 123 (i)(1):

➢ The Director shall actively monitor the actions of boards attached to the Office and shall ensure that all board actions pursued are lawful, consistent with State policy, reasonably calculated to protect the public, and not an undue restraint of trade.

Veto power (3 V.S.A. § 123)


➢ Opioid treatment provider shortage

➢ Bureaucratic rust over the years

➢ Optimist: Well-meaning regulators

➢ Pessimist: Anti-competitive

➢ Unnecessary requirements for public protection

➢ 40 pages of rules down to 10

➢ “This is life and death”, “A breath of fresh air”

An Example: Alcohol and Drug Abuse Counselors


How did we do it?

➢ Motivated by urgency

➢ Decision makers around the table

➢ Support from the profession, legislators, Governor

➢ Thinking outside the box

➢ Regulatory review powers, emergency rulemaking

An Example: Alcohol and Drug Abuse Counselors




THANK YOU!Please contact me with any questions.

Chris WintersVermont Deputy Secretary of State

www.sec.state.vt.us802-828-2124

[email protected]

http://www.sec.state.vt.us/

mailto:[email protected]

Documents

as an “umbrella agency” in 1989 for...Created as an “umbrella agency” in 1989 for efficiency in professional licensing Professions were scattered, siloed, independent, and