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

A Reminder of the Ineffectiveness of Covid-19 Lockdowns

Since the beginning of this pandemic, the 1889 Institute has argued against lockdowns even as “experts” advocated for them. Now, months after the weeks-long lockdowns were supposed to end, there are still states in various levels of lockdown. State and local governments have devastated their economies with shutdowns in the name of public health. Yet some politicians, including presidential candidate Joe Biden, have stated a willingness to lockdown the economy again on a national scale to eliminate COVID-19, in a "virus first, economy later" approach. Even as some lawmakers in Oklahoma urge governor Stitt to take more extreme action, it is essential to remember that lockdowns are not very effective. A group of epidemiologists have released a declaration denoting the harmful effects of lockdowns. These include; lower childhood vaccination rates, worsening cardiovascular disease outcomes, fewer cancer screenings, and deteriorating mental health. These consequences are more ...

If Licensing Protects Consumers, Why Are Licensing Laws Blatantly Anti-Consumer?

Once upon a time, there was a small island whose economy revolved around scuba-diving tourism. Unfortunately, the island elected legislators who considered scuba dangerous. Inexperienced divers would surface too quickly and get the bends. The legislature, wanting to make diving feel safer, passed a law that banned sharks in designated scuba diving zones. There were no known cases of sharks attacking divers, nor were divers being frightened into surfacing too quickly by sharks. This is what most occupational licensing schemes look like. Legislators act, giving the public a sense of security, and giving powerful industries protection from competition. The laws do almost nothing to help consumers. Not only are they futile, they are also deceptive.   Some licensing regimes, like the Oklahoma Real Estate Broker ’ s Act, take the deceit one step farther. Instead of just telling the sharks not to eat people (which they weren’t doing anyway) the act does the equivalent of gathering a group...

Destroying Others’ Property Is Violence, No Matter How It’s Done

With characterizations of protests and riots that have occurred over the last several months as “mostly peaceful” and headlines that include “peaceful demonstration intensified,” and “Fiery But Mostly Peaceful Protests,” it’s clear many in the press do not consider property destruction to be violent. Most likely, they mean most of the protesters haven’t physically harmed anyone. Still, during the very same protests, a large proportion of the “peaceful” participants , in obvious acts of aggression and hostility, have vandalized and stolen property. In fact, property destruction and theft are acts of violence, and are therefore legitimately defended against, not because these acts feel threatening, but because they are, in and of themselves, violent.   Nevertheless, it’s common to hear many condemn individuals who use or threaten force in defense of their property. After all, if no one is physically harmed, or even actually threatened, how can damaging inanimate objects possibl...

Is Education No Longer the Primary Mission of Our Public Schools?

Did you know that the state of Oklahoma is currently experiencing not one, but two pandemics? Until yesterday, neither did I. According to the Oklahoma City School District, the state is currently experiencing the “dual pandemics of COVID-19 and Systemic Racism,” and has decided to spend valuable time and resources to ensure that their teachers learn how to “practice alternative ways of relating to…[their]students.” In the meantime, teachers are supposed to conduct their classes online   into November. Unfortunately, if the District doesn’t adequately prepare their teachers to use the available online learning platforms, it won’t matter how woke they are, they won’t be interacting with their students at all.   At this point, we really have no idea what the school year will look like, and school districts have given little basis for optimism that students will actually learn anything. Oklahoma City public schools closed in March and “went online.” However, due to lack of suffi...