Professional in many fields need official certifications or licenses, usually provided by the states. Under the 10th Amendment, anything not covered in the U.S. Constitution is under the power of the states, so different states have different rules. Arizona and California have a reciprocal agreement on teaching certificates, for example, so that a teacher from California can fairly easily get a teaching certificate in Arizona. A lawyer admitted to the bar in Oregon is allowed to practice law in Alaska, even though the two states’ laws are quite different. A new law, the Universal Recognition of Occupational Licenses Act, would help Puerto Rico gain greater inclusion.
26 states have Universal Licensing Recognition (ULR), a law which allows manufacturers to different kinds of professionals to practice in a state other than than the one where they were licensed. Even these states have specific local rules, though. For example, Iowa allows ULR for all licensed professions, but Missouri exempts most construction licenses, including general laborers. The Universal Recognition of Occupational Licenses Act is almost identical to the ULR.
Is Puerto Rico included in reciprocal licensing agreements?
Sometimes yes and sometimes no. In Arkansas, for example, truck drivers must have a domestic commercial license, and the law specifically includes Puerto Rico — but also requires an English fluency test. Puerto Rico has no reciprocity agreements with any state for realtors. Puerto Rico has reciprocal arrangements with Idaho for insurance agents, while quite a few states do not. As the examples show, the rules are piecemeal, allowing people licensed in Puerto Rico to practice their professions in some states but not in others.
Puerto Rico can participate in the ULR — but only if the ULR is passed in Puerto Rico. America First Policy Institute has argued forcefully for this change, pointing out that gaining a license can prevent people from moving to Puerto Rico. They give the example of cosmetology licenses, which require 233 days of training in Puerto Rico, compared with 150 for Florida.
Florida passed the ULR last year.
A bill very similar to the ULR, the Universal Recognition of Occupational Licenses Act, has gone to Governor Gonzalez-Colon’s desk for signature.
Is reciprocity good for Puerto Rico?
Some industry leaders are not in favor of reciprocity for licensing. For example, the Board of Realtors, Salespeople, and Real Estate Companies doesn’t want realtors from the states to be able to practice on the Island. “Puerto Rico already has an excess of licenses,” said the president of the organization, Miguel Mercado Ruiz, according to the Cato Institute. “The current real estate market cannot support more professionals. This law would only add pressure to an already overburdened sector.”
Architects have also objected. Their professional organization says, “Allowing automatic licensing weakens these safeguards and exposes residents to unnecessary risks.”
While we might agree that building in Puerto Rico could require special knowledge to produce buildings that will be safe in hurricanes, it’s harder to see why the Association of Interior Designers and Decorators of Puerto Rico also worries that state-licensed interior decorators won’t be able to meet the stringent quality standards in Puerto Rico.
These are the arguments against the bill: current professionals don’t want more competition, or they fear that state-licensed professionals won’t be good enough.
Yet states that have the ULR can choose to exempt certain professions or to require an exam or other streamlined process to ensure adequate preparation. For Puerto Rico, the bill would not only allow Puerto Ricans to practice their professions in 26 states, but would also encourage people who are licensed in those states to come to, or return to, Puerto Rico.
Population and economy
Puerto Rico has a dwindling population, and an aging population as well. These factors, in combination with economic pressures, have led to shortages in healthcare, teaching, skilled trades, and technology.
Unemployment has fallen in Puerto Rico, to 5.2% in May. This is still a higher figure than in any state but Nevada and California, but Puerto Rico also has a lower labor participation than any state. Unfortunately, there is a mismatch between the jobs with shortages and the skills of unemployed individuals in the territory.
Making it easier for skilled professionals to come to Puerto Rico from the states could help to address the shortages and develop the economy. At the same time, ensuring that Puerto Rican licenses would be welcomed in many states would encourage workers on the Island to undertake the training, secure in the knowledge that they could work in Puerto Rico or elsewhere if they chose.
Puerto Rico belongs in the United States
Puerto Rico is already more deeply integrated into the U.S. economy than any former territory was when it was admitted as a state. The Universal Recognition of Occupational Licenses Act would be a logical extension of this connection.
As Puerto Rico continues to welcome economic connections with the states, it will be easier for people on the mainland — including Congress — to envision the state of Puerto Rico. Puerto Rico is certainly ready for and deserving of statehood. Increased reciprocity of licensing is just one more way to show that support of statehood is the right side of history.
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