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

About Those Roads in Texas

A s Sooner fans head south for the OU-Texas game next week, they will encounter a phenomenon most of us are familiar with: as you cruise across the Red River suddenly the road gets noticeably smoother. The painted lane stripes get a little brighter and the roadside “Welcome to Texas” visitors’ center gleams in the sunlight, a modern and well-maintained reminder of how much more money the Lonestar State spends on public infrastructure than little old Oklahoma. Or does it? Why are the roads so much, well… better in Texas? Turns out, it isn’t the amount of money spent, at least not when compared to the overall size of the state’s economy and personal income of its inhabitants. Research conducted by 1889 Institute’s Byron Schlomach reveals that Oklahoma actually spends significantly more on roads than Texas as a percentage of both state GDP and personal income . And that was data from 2016, before Oklahoma’s tax and spending increases of recent years. The gap is likely gr...

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. ...

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...

Played for Chumps: The Waste and the Trap that Is MAPS 4

If you own a business and an employee constantly shows incompetence, are you likely to give that incompetent a raise, or promote him to a management position? Obviously, there’s no way. Yet, this is what Oklahoma City’s residents are being asked to do, by passing a 1-cent sales tax for a fourth round of Metropolitan Area Projects (MAPS). These are projects that have a history of being seen, but not really making much of a positive difference in most Oklahoma City residents’ lives. Oklahoma City’s voters should politely decline the “opportunity.” Oklahoma City’s government often demonstrates incompetence in providing basic city services. Take traffic management, for example. There was a period of time when my own commute on Northwest Expressway was interrupted repeatedly – three times in one week at one point – by malfunctioning traffic lights. The flashing lights turned a controlled intersection into a 4-way stop and traffic on the Expressway backed up for almost a mile, unexpecte...