Wednesday, May 22, 2013

Licensing and Continuing Education Compliance


Do you know how many of your employees are required to maintain professional licenses or complete a specific number of continuing education courses in order to renew their licenses? 

When you hire individuals for a specific position because of their advanced skills or knowledge, there is a good chance that they are required to participate in continuing education courses and maintain an active license with a state regulatory or administrative agency.  A few professions that fit in this category include but are not limited to, attorneys, certified public accountants, physicians, nurses, real estate brokers and real estate managing brokers. 

Depending on the profession and the state where the individual is licensed, the licensing law and continuing education requirements may vary.  Some states may have annual renewal periods while other states have two-year renewal periods.  Some states require licensees to pass a test as part of the license renewal process while other states require licensees to complete a specific number of course credit hours or practice in their field for a specific time period.

No matter what the requirements are, employers should monitor employee compliance with licensing and continuing educations requirements on an annual basis.  This could take the form of the employer paying for and enrolling the employee in specific courses or ensuring the employee is practicing in their field for the required time period.  It could also involve the employer requiring the employee to provide documentation proving that they have complied with the applicable license renewal provision (e.g., certificates of completions or copies of renewed licenses).  Finally, it could also involve requiring the employee to sign an acknowledgement that she or he has fully complied with the applicable law or regulation regarding license renewal and/or continuing education. 

While this process may seem administratively burdensome, the alternative is to have individuals working at your company who are not properly licensed and who may be subject to disciplinary action by the applicable state or local administrative agency.  Is this the kind of publicity you want for your company? 

This article should not be construed as legal advice.

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