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Membership requirement for professional certification?

Discussion in 'Other Legal Issues' started by ecologito, Jul 3, 2018.

  1. ecologito

    ecologito Law Topic Starter New Member

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    Jurisdiction:
    US Federal Law
    Is it legal for a professional Association to require membership to maintain a professional certification?

    There are multiple organizations who certify people based on the merit of knowledge and/or skills but require to be a member and maintain the membership to remain certified. Is that legal?
     
  2. zddoodah

    zddoodah Well-Known Member

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    In the abstract, and given that "professional [a]ssociation" is a vague term, the answer is unquestionably yes. For example, in order to legally practice law in my state of residence, I must be a member of the State Bar. That seems to fit within the contours of your question, right?

    This seems to be the same question asked in different words.

    Note that your post identifies "US Federal Law." There is no federal law that prohibits what you're talking about. There may be one or more relevant laws in any given state, and there are, of course, 50 states in the U.S.
     
  3. ecologito

    ecologito Law Topic Starter New Member

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    I don’t know if there is any law regulating professional certifications. I inderstand that to practice law your state may require you to be a bar member. Just because you decide to not become a member it does not mean that you don’t have the knowledge or the skills.

    If PADI certifies my skills as a diver, that means that I pass a knowledge and skills test and i have proven such standards. Once I am certified why would I have to be a PADI member? The membership requirement seems just a money grabber since I already demonstrated my skills.

    I can’t imagine a university requiring membership or “loose” your degree.

    I just want to know if there is any legal ground for such requirement since once I heard it was illegal.
     
  4. txls

    txls Well-Known Member

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    Getting certified to begin with and maintaining a certification are two different things. If an organization is keeping track of a) your original certification and b) making sure you keep up with ongoing training, testing etc. c) verifying that you are up-to-date, then I can see where it would be appropriate to require membership fees.
     
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  5. hrforme

    hrforme Active Member

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    Even HR certification degrees require (1) continuing education to keep and (2) charge a fee each 2-3 years to continue the certification......not sure that's a "membership" fee per se, but definitely they can charge a fee because there is no law stopping them -- and often there is a group that is needed to support the certification
     
  6. ecologito

    ecologito Law Topic Starter New Member

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    I can see the fee every couple of years or so to pay for the recertification process.
     
  7. cbg

    cbg Super Moderator

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    once I heard it was illegal.

    Very dangerous words, my friend. Yes, it is legal, because there is no law that says it is illegal.
     
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  8. adjusterjack

    adjusterjack Super Moderator

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    Explain where and from whom you heard it.
     
  9. army judge

    army judge Super Moderator

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    I dislike renewing my drivers license, law licenses, my bar dues, my VFW & American Legion dues,vehicle license plates, IRS ripoff money, passport, etc... plus paying the outrageous fees associated with the aforementioned.

    However, if I don't, I only make more trouble for myself.

    So, I begrudgingly pay the tribute demanded.
     
  10. ecologito

    ecologito Law Topic Starter New Member

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    From a certifications manager at a Professionals Association meeting when it was suggested to her to require membership.
     
  11. zddoodah

    zddoodah Well-Known Member

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    I got my PADI certification about 20 years ago. I don't have my card in my wallet anymore, but as far as I know, I can take that card and be allowed to dive anywhere that requires certification. I haven't paid a cent to PADI in the two decades since being certified. I therefore don't understand what you're asking here.

    Nor can I (although I'm not sure what it might mean to "'loose' [a] degree").

    Beyond your reference to PADI, you haven't provided any more clarity as to what you're talking about, so my initial response remains unchanged.
     

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