Jessica Ollenburg, CMC, CPCM
In the bustling corridors of Wisconsin's State Capitol, the voices of IBAW (Independent Business Association of Wisconsin) members have resonated loudly. Over the past 16 months, I have been honored to represent these astute business leaders on the state legislative bench. Together, we have achieved numerous enhancements for the people of Wisconsin, with more improvements on the horizon, demanding a united push forward.
Occupational Licensing Reform:
The 2022 Legislative Study Committee on Occupational Licensing, appointed by the State of Wisconsin's Joint Legislative Committee, comprised of four elected congresspeople and five select public members, has been pivotal in driving reform. My appointment to this committee by Senator Chris Kapenga and Speaker Robin Vos was a privilege. Our mission was clear:
“The study committee is directed to review the current occupational licensing system administered by the Department of Safety and Professional Services. The committee shall review prior recommendations made by the department regarding any current laws requiring occupational credentials that may be eliminated without clearly harming or endangering the health, safety, or welfare of the public. The committee shall also review whether it is necessary to implement systems of review both to determine the necessity of legislative proposals for new occupational credentials, and to periodically review the appropriateness of maintaining current occupational credential requirements. Lastly, the committee shall review options to expand access to individuals from other states to receive a reciprocal credential to practice in Wisconsin. Following these reviews, the committee shall recommend legislation on current credentials that may be eliminated, on systems for review of new and existing occupational credentials, and on the issuance of reciprocal credentials.”
Study Committee Members: Senator Stafsholt (Chair), Representative Sortwell (Vice-Chair), Monica Johnson, Stanley Johnson, Representative Moore Omokunde, Jessica Ollenburg, Senator Ringhand, Albert Walker and Ann Zenk.
Addressing the Licensing Backlog:
Pressing concerns that spurred our committee into action included the extensive backlog in processing licenses, affecting more than 200 professions across the state. Despite the Department of Safety and Professional Services (DSPS) claiming a 45-day average turnaround time for licensing, real-world cases painted a different picture, with some applicants waiting over 16 months. This backlog hindered much-needed professionals from contributing to our state's workforce. https://www.cbs58.com/news/licensing-backlog-creating-a-crisis-for-employers-and-those-eager-to-work.
In response, we embarked on a mission to not only improve the applicant experience through the LicensE platform but also to streamline DSPS operations. Simultaneously, DSPS was requesting funding approval to hire more call center, yet these jobs were unattractive, hard to fill, and not proven as necessity. DSPS could not produce the data we needed to envision the backlog’s cause or remedy, so we really needed to dig in. It was clear that DSPS needed operational improvement and that outdated systems were a significant barrier. We intervened immediately to deliver applicant dashboard improvements to the already emerging LicensE platform, while still in development. We did not find it prudent to deliver taxpayer money to the creation of jobs already sitting open. We did find it prudent to restructure methodology and process, thereby creating higher value for Wisconsin license applicants and all those who benefit from these services.
Identifying Inefficiencies:
Our committee's investigation unearthed several redundancies and inefficiencies within the licensing process. That these went unaddressed for so long pointed to a need for analysis, if not audit. Coupled with the growing readiness of the LicensE platform, it was clear that change was imminent. Collaborating with professional boards and addressing educational disparities between licensed fields became crucial to attracting talent where it was most needed. Reviewing equity, expediting the process and alleviating burdensome barriers were key.
Bringing the Audit:
In response to DSPS data shortcomings, we focused not only on big picture strategy but also some of the tactics and detailed procedures which were presenting substantial cost without benefit. Consolidation of tasks and elimination of unnecessary work were integral to our recommendations. Building a dashboard of transparency and automated reporting safeguards our future vision and next-level needs. Furthermore, we brought forth new LicenseE fields, calibrations, technology interface and push button feedback. Raw data should include outliers so that big problems can’t be swept under a rug but rather flagged for improvement. We suggest knowing the training lead time for each position and relevant performance standards. We discovered multiple inequities between licensed fields as to education required, and these, in fact, are making it easier for people to pursue fields in less demand. We need mechanisms to lure talent to careers where critical talent is in shortfall. According to these findings, a legislative audit of professional licensing processing was proposed.
Mitigating Fear:
Before our committee's formation, certain licenses had been earmarked for potential elimination. However, we wanted to reassure practitioners that our intentions were rooted in facilitating their licensing process, not hindering it. This required diplomatic efforts to alleviate fears and encourage cooperation among stakeholders. Our committee’s mantra became “Let’s help some humans today!”
Political Challenges:
Despite our best efforts, the political landscape posed challenges. The question of whether or not to hear our bills was actually voted “no” by several members of the Joint Legislative Council. The question then arises “Why would our state establish a study committee, incurring significant costs for taxpayers, committee members, legislators and stakeholders… unless there was already an inherent commitment to hear the findings.” With more “yes” votes than “no,” we moved forward.
Scaling and Efficiency:
The concept of "scaling" played a significant role in our efforts. We scrutinized DSPS productivity and discovered that, despite increased staff hours, output did not match expectations. Effective scaling means output should grow in proportion to input, especially at an escalated level of return, a principle we strived to uphold.
Results to Date:
Our Study Committee on Occupational Licenses produced 9 bills for the State of Wisconsin:
· 2023 Senate Bill 189 and 2023 Assembly Bill 200
· 2023 Senate Bill 190 and 2023 Assembly Bill 201
· 2023 Senate Bill 191 and 2023 Assembly Bill 202
· 2023 Senate Bill 192 and 2023 Assembly Bill 203
· 2023 Senate Bill 193 and 2023 Assembly Bill 204
· 2023 Senate Bill 194 and 2023 Assembly Bill 205
· 2023 Senate Bill 195 and 2023 Assembly Bill 206
· 2023 Senate Bill 196 and 2023 Assembly Bill 207
· 2023 Senate Bill 196 and 2023 Assembly Bill 208
On August 4, 2023, Act 33 came to fruition through passage of our Assembly Bill 203, easing the renewal process for all state license holders and empowering those in the renewal process.
Bringing decades of legislative work at federal, state and local levels, I never tire of participating where positive impact is on the table and other statesmen extend gracious courtesy with solid ideas and firm handshakes for greater good. We celebrate the adoption of our technology recommendations, our talent management recommendations, our bills and new laws, and we look forward to more positive outcomes.
Still on the Table:
On September 27, 2023, our Senate Bills 196 and 197 were heard in our State Capitol with no opposing testimony. Interstate compacts for Counseling, Social Work, Speech Language Pathology, Audiology and Physician Assistants were well received to ease licensing and work across state lines for these professions in critical need of people. At this same hearing, we learned that DSPS improvements aren’t coming fast enough, and we need a unified push toward speed and accountability.
Thanks for Your Collaboration!
I extend my heartfelt thanks to IBAW members for their unwavering support and valuable insight. Special thanks are sent to Kyle Koenen and Eric Searing of WILL (Wisconsin Institute for Law & Liberty), as well as, last year’s Public Policy Committee: Steve Kohlmann, Tom Parks, Todd Rakowski, Matt Walker, Thomas (TK) Kingston, Mark Kravchuk and Jim Leef. Together, we have taken significant steps towards improving Wisconsin's occupational licensing system, ultimately benefitting businesses and individuals alike.
Act 33, proposed bills, hearing minutes, testimony, event streaming and public documents are at: https://docs.legis.wisconsin.gov/misc/lc/study/2022/2404 or 2022 Legislative Council Study Committee on Occupational Licenses (wisconsin.gov)
Additionally published by IBAW magazine at Oct 23 (ibaw.com) or https://ibaw.com/resources/Magazine/Oct%2023%20IBAW.pdf