Skip to main content

Lawmakers Foul Out on Occupational Licensing—Again


Oklahoma’s got a bad occupational licensing problem, worse than other states. We don’t just regulate too many occupations (almost as many as Kansas and Missouri combined), we also overregulate; our licensing laws are the 11th most burdensome nationwide. What concerns me most isn’t either of those points, though. It’s that many of our harshest, most suffocating regulations target occupations that no thinking lawmaker should be legislating about in the first place.

To illustrate this prevalent and truly bizarre phenomenon, take 1889’s latest report, which examines the Therapeutic Recreation Act. The report finds that the Act, which mandates getting government permission to sell or advertise recreational therapy services, is flagrantly unjustified. The practice targeted by the law simply isn’t dangerous or technical enough to warrant a license, not even close.

If any reader is clueless, such as a lawmaker, rec therapy is an allied healthcare profession whose specialists promote the health and overall welfare of patients coping with or recovering from an illness, disability, or injury by helping them enjoy a hobby. Specialists may use games, crafts, animals, music or other fun leisure activities to advance this goal. But they’re not just summer camp counselors. They view themselves as serious, legitimate professionals, and indeed they work in serious environments, like hospitals and rehab clinics. But they’re not doctors or nurses. They don’t prescribe meds or make diagnoses or handle needles. No technical medical schooling is needed for their job. What they do need is patience, good verbal skills, and enough physical fitness to lift the occasional bulky wheelchair. In short, the practice is totally innocuous.

Which is why the Act is so unjust. The case for licensing is typically strongest (albeit still often weak overall) when the practitioners in question can potentially cause real harm if they commit malpractice, like airline pilots or pharmacists. That is, a licensing law, as with all laws, is supposed to serve the common good. But the Act doesn’t do that. No one is kept safer by it. No consumer is made surer of the quality of their purchases, given how transparent the practice already is. Who then, does the law benefit?

Affluent, established specialists, that’s who. Obtaining a rec therapy license is so difficult that since the Act took effect in 2010, the number of active specialists in our state has plunged 28 percent. With that decline in competition came a handsome wage increase for the specialists who could afford the time and money investment to acquire legal permission to stay in business. Laws that serve private interests at the expense of consumers are absolutely unjustifiable, and this is such a law.

But that’s not to say concerned practitioners deserve no voice. Lawmakers should acknowledge with Aristotle that humans are social animals. We cherish our churches, schools, and families for the sense of dignity and identity that accompanies membership within them. For that same legitimate reason, we cherish our guilds and professional circles, which transmit old knowledge to their new members, and confer exclusive honors and titles on them. It’s actually a fine idea to offer legal protection for this tradition, to enshrine it in the law, but only if it can be done without creating artificial monopolies that restrict economic opportunities for disadvantaged populations.

Fortunately, 1889 has written elsewhere about how to design just such a system, one based on private and voluntary certification. Such a system would allow anyone, disadvantaged or otherwise, to seek responsible financial opportunities where they exist, while also offering privately certified practitioners legal protection against those who would fraudulently claim membership in their guild. Lawmakers should act fast to install this win-win solution.

Luke Tucker is a PhD student in Philosophy at the University of Oklahoma.

Popular posts from this blog

When It Comes to the Cox Center, “What if I Get to Meet a Movie Star?” Isn’t Good Enough

In a recent   post , 1889 Institute expounded on the fiduciary duty of elected officials “to act in the best interest of the people of the state as a whole,” a “high duty, executed as a public trust … wherein one puts the people’s interest above one’s own.” This fiduciary duty must not stop with elected officials. Once an elected body or an elected official – the legislature, a city council, the governor, or a mayor – has taken final action, the faithful implementation of each enacted law, policy, or program falls to an army of bureaucrats. Thus, a fiduciary duty to execute laws and policies with diligence and integrity, tantamount to that of elected officials, must extend to government employees. Recently, I had a few moments to sit down and watch a show with my children. Unsurprisingly, my son picked a series entitled “The Stinky and Dirty Show.” I was naturally skeptical that the show would yield any real value. However, as I watched, I found myself pleasantly surprised. Each ep...

Be Careful What You Wish For

The state of Oklahoma has California in its sight s . People and businesses seeking greater opportunity are fleeing California, and justifiably so. The most humane thing for Oklahoma to do is open our borders and offer economic asylum to the oppressed refugees of the People’s Republic of California. However, I urge caution. In an age dominated by masked faces and super-sensitivity to the spread of viral conditions, I suggest the California Condition (condition) should be met with great trepidation.   What is the condition? It is the virulent spread of tyranny and oppression. Common symptoms include limited freedom and mobility accompanied by exorbitant costs of living, energy, doing business, and pretty much everything else. Those suffering under the condition often experience a diminished capacity for reason. Uncommon symptoms may include fever and fits of rage. The condition is progressive. It tends to worsen as reason diminishes and illogic consumes the mind. Many that experienc...

Is Effective Education Reform Even Possible? The Answer is “Yes.”

Education Reform. Every time a legislature meets in this country, education reform is a topic of discussion. It’s easy to see why. Our schools, especially when you consider the amount of money we spend, don’t do a very good job. It’s really not that hard to casually look around the internet and find that the U.S. ranks in the top five of all nations, year after year, in average per-student spending in public education. Unfortunately, that does not translate into results . Many nations that spend a fraction of what we do outperform us in international academic comparisons . China’s students outperform ours by four grade levels. Oklahoma’s performance is below the national average. Anybody who knows one or more active public school teachers also knows that most of them work hard. Yes, they get longer holidays than most, and there are those relatively few who do the minimum, but there are the many who are conscientious. The problem is, they are swimming upstream in an institut...

Why We Fight: Checking Government-Granted Privilege

“When you see that in order to produce, you need to obtain permission from men who produce nothing – When you see that money is flowing to those who deal, not in goods, but in favors – When you see that men get richer by graft and by pull than by work, and your laws don’t protect you against them, but protect them against you – When you see corruption being rewarded and honesty becoming self-sacrifice – You may know that your society is doomed.”                Ayn Rand, Atlas Shrugged Some years ago, I debated Robert Reich, President Clinton’s former Labor Secretary, on a PBS program about income inequality. It wasn’t much of a debate, really, as I was a bit intimidated. Stephen Moore, one of President Trump’s economic advisers, at that time a Wall Street Journal editorialist, was originally supposed to have been on the program when I had agreed to go on. His not showing, despite some warning ahead of time, put me in an unexpected spot...