Developing Your Strategy and Process for Licensure Research
When diving into professional licensure research, creating a strategy and developing a process is critical. In February, we shared a few tips and guidelines for licensure research to get you started. This post digs deeper, for those compliance professionals at colleges and universities that are stuck and need some additional guidance.
Wading through licensure requirements in every U.S. state and territory is a daunting task! It takes a tremendous amount of time, specialized knowledge, and perseverance to research and understand requirements. It can be hard to know how or where to start.
And most higher education institutions are forgoing this process altogether. In June, we shared the results of an informal audit showing that most institutions are not fully complying with federal regulations and NC-SARA policy requiring them to disclose how their programs (leading to a certificate or professional license) meet or do not meet educational requirements in all U.S. states and territories.
Colleges and universities are in a tough spot! Even pre-pandemic, many lacked the people power to undertake this critical work. Institutions must decide who is going to complete the work - legal research, curriculum comparison, disclosure language, and communicating with state licensure boards - required to understand and communicate licensure requirements with their students.
As higher education licensure experts, we wanted to share some additional guidance you can use to develop a strategy and process to ensure you are providing your institution -- and students -- with the most accurate information.
First -- Build your team
First things first, you need the right team! No one can do this work alone--due to the sheer number of hours it takes to complete research and the expertise needed to compare programs to requirements. Here are some players that should be included on your team:
Compliance Director
Program Directors
Curriculum SMEs
Systems Analyst, IT, and Website Support
Legal
Enrollment and Admissions Leads
Marketing
Provost/Chief Academic Officer
Registrar
External Licensure Expert
Second -- Start research at the source
Once the team is assembled, the initial research step is to review each state and territory licensing board or agency website. Sometimes these can be difficult to find. Be sure that you are viewing the official state licensing board or agency website--not a commercial site designed to look official.
Review the following information:
General information, Application materials, FAQs
Look for “out-of-state” sections/information
Review the law: statutes, regulations and rules (definitions and referenced sections).
Contact the board. Researchers may need to contact the board to clarify information from the law or website. Best practice is to send an email to the board staff person who oversees licensing, citing the particular section of law that you are trying to clarify or confirm. Be sure to evaluate the reliability of the response--particularly if the email comes from a general address, without a signature.
Third -- Confirm findings
Use reliable third-party sources to corroborate the available information, such as: The National Council of State Boards of Nursing (NCSBN), the American Counseling Association (ACA), the Association of State and Provincial Psychology Boards (ASPPB), and the Association of Social Work Boards (ASWB). Several associations of state licensing boards/agencies and other national professional associations have compiled information about licensure requirements. These are good resources for confirming your research findings.
NCSBN: https://www.ncsbn.org/nurse-licensure-guidance.htm
ACA: https://www.counseling.org/knowledge-center/licensure-requirements
ASPPB: https://www.asppb.net
ASWB: https://www.aswb.org/regulation/laws-and-regulations-database/
Pro Tip: Anticipate these common challenges
Even if you have help (or the time to do the research yourself), there are a few challenges that you are likely to come up against.
Common challenges in licensure research:
Being able to interpret and understand the law
Finding contradictions, i.e. between the law and the board’s website (so you may need to contact the relevant board)
Getting a definitive answer from the board
The Devil is in the details
Do you know how to interpret statutes, regulations, rules, and board policy? Comparing the language and wording used across all board website documents (e.g., the application, administrative code, law) is important, can be contradictory, and is always particularly detailed (understanding the legal definition of terms is critical). Interpreting legal requirements, especially with contradictory information, can be difficult. Even program directors or a licensed professional find this challenging!
Contradictions are common
Contradictions between information on the board’s website and law are more common than you would think. Definitions of specific requirements are often not provided — leading to hidden meanings of important requirements. Two are two good examples:
Example One: In researching state requirements for professional counselor licensure, one state increased the number of direct client hours required for in-program internship from 280 to 300 in their mental health practice act (found in the definition section of the state statute). The number of direct client hours remained the same, however, in at least one official application documentation. Our guidance was to gain a minimum of 300 hours of direct client contact for all licensure types in adherence to the language in statute versus the application.
Example Two: For many professional licenses, the statutory educational requirement includes a specific number of credit hours for a specified degree. In addition, the law may include language that directs whether the credit hours need to be included in the required degree program or whether it is allowable to obtain the required credit hours outside of the degree program.
When in doubt, ask your state or territory board or professional association.
Undoubtedly, you will encounter contradictions, missing definitions, and unclear requirements with any licensure research. Communicating with the licensing board or state/national professional association can often bring clarity but can also be a challenge. Your emails and phone calls may go unanswered or they can’t provide a definite answer. We provide some useful suggestions in Tips and Guidelines for Licensure Research.
Sometimes you are unable to determine
Despite best efforts, sometimes you will need to weigh all available information, assess the risks, and may ultimately be unable to determine if a program meets educational requirements. This result can be frustrating, but by completing the process, the institution has done all it can to support students and fulfill the federal and state disclosure requirements.
You can also get HELP
Understanding professional licensure research is a critical component of your academic programs. In addition to being required by law it is also essential in providing the best support to your students. HELP has the experts to navigate this complex process and ensure your students have the information they need to earn their professional license.
Stay tuned for an upcoming blog that will cover Best Practices for Licensure Disclosures