Sec. 2. Definitions

318 words·~1 min read·/bill/115/s/3598/is/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term certification means a voluntary program under which— a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use certified as a designated title with respect to the performance of a lawful occupation; and a noncertified individual may perform the lawful occupation for compensation but may not use the title certified .

The term member, officer, employee, or agent , with respect to an occupational licensing board, means an individual appointed by, to, or employed by the occupational licensing board. The term occupational license means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the State government. The term occupational licensing board or board means an entity established under State law— the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation; and that has authority conferred by State law to interpret or enforce the occupational regulations of the State.

The term occupational regulation — means a statute, rule, regulation, practice, policy, or law that sets educational, examination, training and/or experience requirements to authorize an individual to work in a lawful occupation; includes any statute, rule, regulation, practice, policy, or law requiring certification or an occupational license; and does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual’s ability to work in a lawful occupation.

The term widely regulated occupation means an occupation in which forty

(40)or more States require an occupational license to engage in such occupation. The term State means each of the several States, the District of Columbia, and any territory or possession of the United States.