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

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. ...

What if Legislators Were Licensed? Well, Just to Make a Point...

1889 Institute, as a general matter, objects to occupational licensing. We have written about it more than any other subject. The scant benefits simply do not outweigh the enormous costs to consumers and entrepreneurs, and  the  burdens that disproportionately impact the poor.   It must be noted that the remainder of this post is a work of satire. This should be obvious to anyone who has read even one of our papers, but each of the proposals below has an analogous provision in Oklahoma licensing laws. To those supportive of government-created cartels, these proposals might sound almost reasonable.  A material threat to the public safety and welfare has for too long gone entirely unregulated, unrestrained and unchecked. This menace has the power to corrode not only mere industries, but to corrupt the entire state economy. It’s no overstatement to say that the practitioners of this perilous profession hold the power to destroy democracy as we know it. After a...

Muddy, Shallow Thinking Versus Clarity in Education Reform

Monopolies are the best! If we are to gain maximum efficiency and create the greatest value for people, monopoly is the way to go. Competition creates administrative inefficiency since instead of one set of managers, there are as many as there are companies, and all of them cost money. Competitive companies make products that do the same basic things, but waste resources by making products with different features. Standardized products would save money. Were research and development under one roof, instead of many competitive ones, researchers could coordinate more closely, saving money and ultimately being even more innovative. Monopolies would therefore benefit everyone. Everything in the first paragraph is, of course, balderdash . Monopolies, especially those created by government, stifle innovation, develop bloated management, produce too little at low quality, and charge too much. Why? Because they can. They’re monopolists. Without competition and with nearly guaranteed ...

If Data Is Supposed to Be Our Guide, the Great Coronavirus Shutdown of 2020 Should End

According to the most widely cited model projecting the course of the coronavirus outbreak, today is supposed to be Oklahoma’s peak in daily deaths. Now is a good time to go back to the beginning of the Great Coronavirus Shutdown of 2020, review the goal of our policy, and assess our current status. If our policy should be “data-driven,” as we are constantly told, then let’s actually look at the data and determine our next policy steps accordingly. Spoiler alert: according to the terms set out by those advocating for the shutdown policy, the policy’s continuance is no longer justified. The stated goal of the shutdown policy was to “flatten the curve” so as to prevent hospitals from becoming overwhelmed with COVID patients. The fear was that the virus would spread so fast that at its peak, the number of cases would exceed the overall capacity of the healthcare system. If that peak could be stretched out over a longer period of time, lives would be saved. This concept was il...