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...

How to Spend $47 Million in 4 Months

The CARES Act passed by Congress has a provision to give funds to state and local governments. Out of this, Oklahoma County has been given the onerous task of spending $47 million by the end of the year. The caveat being all expenses must be related to COVID-19. Any money not used must be returned to the federal government. While the county is undoubtedly receiving a plethora of self-interested letters request ing a portion of the funds, there are a few ways to spend the money to the benefit of all Oklahoma County residents. This should not be read to condone spending money just because it is available. Government officials must remember that the money they spend comes directly from the taxpayer, and should only be spent in ways that benefit all or most of society. Oklahoma County could also use the money to give grants to small businesses that were forced to shut down or otherwise damaged by the government’s actions related to COVID-19. Small businesses could use the money to avoi...

A Blunt Cry for Covid Dread’s End

Allowing an admittedly adverse ailment to be inaccurately advertised as an apocalyptic abomination able to annihilate all is aggravating, annoying, and abhorrent. An accurate assessment advises any and all to avoid alarmism and act appropriately. Anxieties are anticipated, but authentic appraisal admits an alternative: any of advanced age or anemic autoimmunity are advised to avert ailment by avoiding acquaintances and afflicted areas. Adults, adolescents, and any of an early age are able to get back to business. Bodies are besieged and beset by baseless bombast. Broadcasters blithely belch baloney. Boorish bullies berate and belittle. Bureaucrats ban beneficial business. Busybodies blinded by bad bulletins belittle benign behaviors. But bravery and boldness bolster benevolence. By bringing back businesses, cities can commence circulation of currency and cooperative commerce.  Concededly, Covid causes casualties. However, careful consideration confirms: car crashes cruelly cause c...

Will the United States Supreme Court Stand Up For Lawyers’ First Amendment Rights?

To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical. Oklahoma law requires attorneys to join and pay dues to the Oklahoma Bar Association in order to practice their occupation. The folly of this this requirement lies not just in the financial burden imposed on lawyers, but in its affront to their First Amendment rights. This is because the Oklahoma Bar Association (OBA) routinely uses the money it receives in mandatory dues payments to support political causes. As a result, attorneys are forced to subsidize political activity and opinions they may disagree with. Over the Christmas holiday I filed an amicus (“friend of the court”) brief urging the United States Supreme Court to weigh in. You can read my brief here . The case in question involves a North Dakota attorney, Arnold Fleck, who sued North Dakota’s mandatory bar association for using his mandatory dues to engage in the same type of activity th...