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

The Problem of Diffuse Costs and Concentrated Benefits

Do you ever find yourself observing a seemingly illogical government program , spending decision, or other strange practice and ask “how is it that no one has fixed that?” If you are like me, you encounter this phenomenon regularly. This often takes the form of a curious headline (Save Federal Funding for the Cowboy Poets!) that most people see and can’t believe is real. I would like to suggest that this phenomenon often results from the problem of diffuse costs and concentrated benefits. To understand this concept, consider a hypothetical law that assessed a $1 tax on everyone in the United States with the proceeds to be given to one individual for unrestricted use as he sees fit. The people harmed by such a law—the individual taxpayers—will not be very motivated to spend the time and effort to convince Congress to change the law. They might resent the dollar taken from them for a silly cause they don’t support, but the lost dollar isn’t worth the trouble of doing something about i...

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...

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...

Why Does Oklahoma License Polygraph Examiners?

Should polygraph examiners be licensed? In Oklahoma, a license is required to work as a polygraph examiner (a professional who applies lie-detector tests), and it is not at all obvious why. Generally, an occupation is licensed if it is obviously in the public’s interest to prevent potential bad actors from practicing. So, for example, it is argued that doctors must be licensed because, otherwise, some idiot might open a hospital in his garage and really hurt someone. And it is argued that accountants must be licensed because, otherwise, some college-dropout might offer to do accounting for an unsuspecting mom-and-pop shop, tell them their numbers look great (when, in fact, they don’t), and cause them to go bankrupt. In short, occupational licensing is supposed to either (1) prevent real, tangible harm, or (2) assure customers that their service-provider is trustworthy. However, interestingly, licensing polygraph examiners does not accomplish either of those goals because polygraph e...