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

Even If Pandemic Models Were Right, Were Covid Lockdowns Wrong?

1889 has been quite critical of pandemic modeling that government officials have relied on for their Covid-19 response. We have also criticized shutdown orders in light of flaws in the models. But let’s assume for a moment that the worst predictions really would have come true if nothing was done. Even in those worst case scenarios, it’s fair to ask if our governments did the right thing. Were involuntary shutdowns justified, or would people have found a way to both limit the contagion and maintain some level of productivity? Was putting healthy citizens under house arrest acceptable even if they were willing to risk infection?   While large groups of people are often compared to herd animals, we are not sheep. We don’t behave like animals. We can, have, and will step up when our communities are in danger. When government and journalists give incomplete or false information, people will act irrationally. Depending on the situation, some will blindly follow the first aut...

1889 Institute's Statement Regarding School Closures

The 1889 Institute, an Oklahoma think tank, has released the following statement regarding Joy Hofmeister’s proposal to keep schools closed for the remainder of the school year. We at the 1889 Institute consider Joy Hofmeister’s proposal to close Oklahoma’s schools for the rest of the school year a gross overreaction to the coronavirus situation. Even in the best of times and circumstances, suddenly shifting every student in the state from traditional classrooms to online distance learning will have negative educational consequences. This in addition to the economic burden on two-earner families forced to completely reorder their lives with schools closed. We believe many of our leaders have overreacted to worst-case scenarios presented by well-intended health experts with no training or sense of proportion in weighing the collateral damage of shutting down our economy versus targeting resources to protect the truly vulnerable. We say reopen the schools and stop the madness. ...

Can Government Force You to Close Your Business?

1889 Institute takes no position on whether any or all of these measures are warranted or necessary, or whether their economic fallout would inflict more human suffering than they prevent. We are simply evaluating whether they are legal.   With the unprecedented (in the last 100 years at least) reaction surrounding the outbreak of Covid-19, questions that few living legal scholars have considered are suddenly relevant.   Can a quarantine be ordered?   Can a mass quarantine, lockdown, or “cordon sanitaire” be ordered? Can businesses be ordered to change their behavior?   Can businesses be ordered to close? Can state governments order these measures? Can local governments order these measures? My legal brief addresses these issues from a statutory point of view; it is clear that state law gives the governor and mayors broad authority in a state of emergency. They must, of course, do so in a neutral way that they reasonably believe will help preve...

Lessons from a Soviet MIG Pilot about Public Education

On September 6, 1976, a fighter pilot from the Soviet Union named Viktor Belenko flew a MIG-25 fighter jet to Japan and defected. At the time, the U.S. and the Soviet Union were fully engaged in the Cold War. The MIG-25 was a super top-secret aircraft about which the Pentagon knew only enough to be frightened. Consequently, the MIG-25 impacted the development of the F-15 Eagle . Thus, Belenko’s defection had major implications for America’s national defense, allowing a better look into the true capabilities of the Soviet Air Force. But Viktor Belenko’s story is much richer than the fact of his defection. Belenko had some telling experiences, described in his biography, MIG Pilot . He related how, while he was stationed at a remote military base, his superiors were told that a dignitary high in the Communist Party was to visit. In response, large trees were transplanted to line the road between the air strip and the base’s living quarters and offices in order to make the base mor...