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

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 ...

How Oklahoma Can Be Number One in Covid Policy

South Dakota, that sound you hear behind you is footsteps. Oklahoma can be Number One in the policy response to Covid-19. We’ve done fairly well to this point compared to other states, but to take us to the top, our leaders will need good, accurate information, must ignore hyperbole (often outright falsehoods) from the media-politico controversy machine, and should trust individual Oklahomans to do what is best for themselves and their families. Oh, and it would help to have some courage in the face of criticism (or ear plugs to tune out the whining). Fortunately, 1889 Institute has compiled a very helpful webpage containing the cold, hard facts about SARS-CoV-2. Based on these facts, not hysteria and virtue signaling, we recommend some straightforward policy responses. The page is here for anyone who wants to arm themselves with knowledge, rather than bask in the newly virtuous habit of broadcasting how afraid and ignorant one is. For example, did you know that the evidence for wid...

Present Reforms to Keep the Ghost of State Questions Past from Creating Future Headaches

Oklahoma, like many western states, allows its citizens to directly participate in the democratic process through citizen initiatives and referendums. In a referendum, the legislature directs a question to the people — usually to modify the state constitution, since the legislature can change statutes itself. An initiative requires no legislative involvement, but is initiated by the people via signature gathering, and can be used to modify statute or amend the constitution. Collectively, the initiatives and referendums that make it onto the ballot are known as State Questions.   Recently, there have been calls to make it more difficult to amend the constitution. At least two proposals are being discussed. One would diversify the signature requirement by demanding that a proportional amount of signatures come from each region of the state. The other would require a sixty percent majority to adopt a constitutional amendment rather than the fifty percent plus one currently in place. ...

Cronyism: Feature, Not a Bug, for Used Car Dealer Licensing

Used car dealers in Oklahoma are governed by the Oklahoma Used Motor Vehicle and Parts Commission (UMPV). Like most licensing boards, it is made up of industry insiders. The UMVP's stated mission is to protect consumers from harm, but its structure and history indicate that its primary concern might be protecting licensed dealers from competition. This, of course, is the prime directive of all licensing boards. My recent paper deals with the licensing of used car dealers.   The person hit hardest by this is the hobbyist, especially in times of economic turmoil.   Imagine someone stuck at home due to coronavirus. We'll call him Frank. He can’t work due to the economic shutdown. Unfortunately, Frank’s lack of work does not mean he no longer has to put food on the table for his family. Fortunately for him, he is able to find a good deal on a used car that needs a little work. Frank has all the tools and garage space necessary to fix up the car and isn't violating any quar...