# The Restoring Board Immunity Act (RBI Act): What It Actually Does

This bill is about occupational licensing—those requirements that say you need a license to work in certain jobs like plumbing, cosmetology, nursing, or real estate. The bill tackles a specific problem: it gives states a way to protect licensing boards from antitrust lawsuits (lawsuits claiming they're illegally limiting competition) while also pushing states to use less restrictive ways to regulate these professions.

Here's the core issue the bill addresses. In 2015, the Supreme Court ruled that state licensing boards could potentially be sued under antitrust laws if they were acting in their own financial interests rather than protecting the public. This created uncertainty for states and their boards. The RBI Act offers states two paths to give their licensing boards legal protection from these lawsuits. First, states can set up an "Office of Supervision of Occupational Boards" that actively oversees what licensing boards do—reviewing their rules before they're adopted, investigating complaints, and making sure they're not just protecting existing workers from competition. Second, states can instead create a judicial review process where people can challenge licensing rules in court, and the state has to prove the rule actually protects public health or safety and isn't just limiting competition.

The bill also pushes states to prefer less restrictive alternatives to full licensing. Before requiring someone to get a license, the bill says states should consider whether inspections, bonding requirements, voluntary certification, or just letting the market work would protect consumers just as well. The bill defines a hierarchy of options, from least to most restrictive, to guide this thinking. This matters because licensing requirements can make it harder for people to enter a profession, can raise prices for consumers, and can limit job opportunities.

For everyday people, this could mean easier entry into certain professions if your state adopts these reforms, potentially lower prices for licensed services due to more competition, and clearer rules about what licensing boards can and cannot do. However, the bill doesn't eliminate licensing—it just requires states to be more thoughtful about when they use it and to have real oversight to prevent boards from using licensing rules to unfairly protect established professionals from new competitors.

RBI Act

Restoring Board Immunity Act of 2021 or the RBI Act This bill grants antitrust immunity to state occupational licensing boards in states that satisfy specified occupational licensing law requirements. These include (1) requiring a board's actions to be authorized by a non-frivolous interpretation of the state's occupational licensing laws; and (2) using less restrictive alternatives to occupational licensing to address threats to public health, safety, or welfare. Such states must either establish an office to supervise boards or provide for judicial review of occupational licensing laws.