Skip to main content

Massage Therapy Licensing: Violating the Pursuit of Happiness


In a way, America at least partly owes its independence to the conviction that granting exclusive market privileges is an illegitimate function of government. In a free country, no-one has an exclusive right to a market over anyone else.

Yet, two and a half centuries after the American Revolution, the old-fashioned kind of monopoly, wherein government grants exclusive privileges, is experiencing something of a revival. In Oklahoma, legally bestowed market advantages are commonplace, and take many forms such as Tax Increment Finance Districts, various special tax credits unrelated to core government functions, and occupational licensing.

Today, people use the word “monopoly” to refer to a business that has achieved total domination in a market as the result of laissez-faire processes, but not so long ago, a “monopoly” was a business that was bestowed with artificial market-domination and insulated from competition by a monarch. That’s the kind of monopoly conferred on the East India Company for most of its history. It is perhaps best known for its legal monopoly on tea, which backfired with the Tea Act of 1773 and precipitated the Boston Tea Party, an early skirmish in the American Revolution.

Today’s government-granted economic privileges are more subtle, but no less worthy of a free people’s condemnation. Take Oklahoma’s Massage Therapy Practice Act of 2016, for example, about which I recently wrote a paper for 1889 Institute. It creates a massage therapist license, meaning anyone who wants to work in the industry first needs the state’s permission to do so.

But obtaining a massage therapy license is tedious and expensive. Among other things, applicants must (1) satisfy a 500-hour formal education requirement, which can take 50 weeks (a year) and cost up to $18,000, and (2) pass the Massage and Bodywork Licensing Exam, which costs $195 and must be taken multiple times by a third of Oklahomans who attempt it.

Most don’t have that kind of money or time, so it’s unsurprising the number of massage therapists has dwindled by almost a fifth since the Act passed, sharply reversing a decade-long growth trend in the industry. Further, every state bordering Oklahoma (except Arkansas) has more massage therapists than Oklahoma. Kansas, with no license requirement, has twice as many practitioners as Oklahoma, despite being half Oklahoma’s size.

But of course, this is good news for the established practitioners whom the Act grandfathered and for affluent applicants who can afford to invest the time and money. Less competition means higher prices for them.

Now, not all occupational licensing laws are intentionally anti-competitive. Licensing is justified when an occupation is both (1) potentially dangerous and (2) so complicated that customers can’t easily judge the quality of the service they’re receiving. That’s why many consider physician licensing justified; the profession is indeed potentially dangerous, and average customers, lacking expertise in medicine, are limited in their ability to assess the qualifications of physicians.

However, massage therapy isn’t dangerous at all. Frankly, to claim that massage therapist licensing somehow keeps the public safe is laughable. Safe from what, exactly? A google search for massage accidents produces a few bizarre examples, but none of them are remotely likely to recur, and licensing couldn’t prevent any of them in the first place.

Of course, some support for the Act stems from a desire to combat human trafficking, which pervades the wider massage industry. However, while that’s a nice goal, the idea that licensing will somehow advance that goal begs the question: Why would a trafficker be more afraid to break a licensing law than an anti-trafficking law? By its own admission, the Massage Therapy Advisory Board (MTAB) is neither authorized nor equipped to police trafficking in the industry. Further, according to Polaris, a leading anti-trafficking organization, licensing laws unfairly target victims of trafficking, rather than the perpetrators. Clearly, licensing is the wrong answer to the human trafficking problem.

Why, then, are massage therapists licensed? Perhaps lobbyists who support the Act seek not to benefit the public but to revive the antiquated practice of legally granting market privileges to some practitioners at the expense of both other, prospective practitioners and consumers. That hypothesis is supported by the fact that the Oklahoma chapter of the American Massage Therapy Association has opposed reducing the formal education requirement from 500-hours to 300-hours on the grounds that such a reduction would cause a “crisis” for massage schools, as if government exists to ensure the financial security to massage schools.

Some Oklahomans still believe that practicing a perfectly safe occupation, in pursuit of the happiness that self-reliance and work produce, is a God-given right, not a privilege bestowed at the state’s behest. According to the MTAB, this viewpoint is “radical,” but a better word would be “revolutionary.” An immediate repeal of massage therapy licensing by the Oklahoma Legislature would be a first step in showing that legislators take God-given rights seriously.

by Luke Tucker, 1889 Institute Intern and PhD candidate in Philosophy

Popular posts from this blog

How to Be Number One in Government Transparency

A 2020 HBO movie entitled Bad Education , starring Hugh Jackman, tells the story of Frank Tassone, a real-life superintendent of the Roslyn, New York school district who along with an accomplice, it was discovered in 2004, stole an overall total of $11.2 million in district funds. It ’ s been called the “ largest public school embezzlement in U.S. history.” It should be called the “ largest public school embezzlement ever discovered in U.S. history” because there is no way to be sure that a worse theft has not occurred. The theft would never have been discovered had Tassone ’ s partner in crime, Pamela Gluckin, not had her son buy $83,000 in home remodeling supplies on the school ’ s credit card. But for alert Home Depot employees, Gluckin and Tassone likely would have gotten away with their theft, carried out over years, to this day. The movie ’ s dramatization of a student reporter digging into filed receipts and investigating suspicious (fake) vendors likely reflects the hard wo...

Licensing Boards Might Violate Federal Law: Regardless, They Are Terrible Policy

Competition is as American as baseball and apple pie. “May the best man win” is a sentiment so old it doesn’t care about your pronouns. The beneficial effects of competition on economic markets are well documented. So why do we let powerful business interests change the rules of the game when they tire of competing in the free market? Most of the time when an occupational license is enacted, it is the members of the regulated industry who push hardest in favor of the license. Honest competition may be fundamentally American, but thwarting that competition through licensing seems to be fundamentally Oklahoman. Oklahoma doesn’t have the most occupational licenses, but when they do license an occupation, the requirements tend to be more onerous than the same license in other states. But what if, instead of merely breaking the rules of fair play to keep out would-be competition, Oklahoma licensing boards are also breaking the law? Normally a concerted effort to lock out competition would v...

The Truth About COVID-19: Better Than You Think

As the media turns its attention back to COVID-19, there is a renewed push to shut down the economy. Some states have even begun to scale back reopening plans for their economies; others continue to delay opening. It is essential to look past their catastrophizing and focus on the facts of COVID-19. One fact to consider: while testing has risen 23%, the rate of positive results has only risen 1.3 percentage points to 6.2%. Even as alarmists point to the rise in cases, they still admit that the boost in testing has played a role in the rise in the total number of known cases. Therefore, the total number of positive cases is not of much use in this case, as it only paints a partial picture. The rate of increase in total positive cases is a more meaningful measure, and it has barely increased. Even more important is who is getting infected. The data show that recent cases are primarily younger people. But that’s a good thing; these are precisely the people that are key to building herd ...

The Problem of Diffuse Costs and Concentrated Benefits

Do you ever find yourself observing a seemingly illogical government program , spending decision, or other strange practice and ask “how is it that no one has fixed that?” If you are like me, you encounter this phenomenon regularly. This often takes the form of a curious headline (Save Federal Funding for the Cowboy Poets!) that most people see and can’t believe is real. I would like to suggest that this phenomenon often results from the problem of diffuse costs and concentrated benefits. To understand this concept, consider a hypothetical law that assessed a $1 tax on everyone in the United States with the proceeds to be given to one individual for unrestricted use as he sees fit. The people harmed by such a law—the individual taxpayers—will not be very motivated to spend the time and effort to convince Congress to change the law. They might resent the dollar taken from them for a silly cause they don’t support, but the lost dollar isn’t worth the trouble of doing something about i...