I Love the IJ
Closely on the heals of their victory in an asset forfeiture case in New York, the Institute of Justice (IJ) successfully fought the state licensing requirement for hair braiders in Texas.
A 2013 press statement on the Institute for Justice’s website described Brantley’s frustration with the criteria: “This means that Isis must spend 2,250 hours in barber school, pass four exams, and spend thousands of dollars on tuition and a fully-equipped barber college she doesn’t need, all to teach a 35-hour hair-braiding curriculum,†the statement read.
U.S. District Judge Sam Sparks on Monday seemed to agree with Brantley’s concerns that the requirements for hair-braiding entrepreneurs were superfluous. Sparks ruled that the Texas laws were unconstitutional and “absent†a rational connection with Brantley’s intended marketplace, the Associated Press reports.
“I fought for my economic liberty because I believe there is a lot of hope for young people who seek to earn an honest living,†Brantley said in a press statement. “This decision means that I will now be able to teach the next generation of African hair braiders at my own school.â€
Good. Unfortunately, there does not seem to be a way to fight these stupid licensing laws except one at a time, state by state. And every time we take one on, the incumbent competitors in that business (who are the primary beneficiaries of licensure that restricts new competition) fight tooth and nail every step of the way.
I will observe that red states are just as bad as blue states on occupational licenses. This is cronyism, not ideology. From this site, here are just a few the occupational licenses one still needs in Texas (this is from a school web site, so these are just the ones that have continuing education requirements that this school serves). I suspect that this list is incomplete, as long as it is, because barbers and hair stylists, the subject of this case, are not even on the list.
| LICENSED OCCUPATIONS IN TEXAS | ||
| Continuing Education Requirements | ||
| Licensed Occupations | License | Continuing Education Requirements to Renew |
| Accountants & Auditors | Certified Public Accountant | Annual CEUs Ethics-2hrs/yr |
| Acupuncturist | Acupuncturist | 17 hours CAE/yr |
| Heating, A/C, & Refrigeration Mechanics & Installers | A/C & Refrigeration Contractor | Voluntary continuing education |
| Architect | Architect | 8 CEPH/year |
| Athletic Trainer | Athletic Trainer | 30 clock hours/ 3 years |
| Judges and Magistrates | Attorney | 15 CLE hours/year inc. 3 hrs. ethics |
| Combative Sports Promoter | Boxing Promoter | Voluntary continuing education |
| Child Care Administrator | Child Care Administrator | 15 hours for biennial renewal |
| Chiropractors | Chiropractor | 16 hours/year |
| Compliance Officers | Code Enforcement Officer | to be required; rules in development |
| Counselors, Chemical Dependency | Chemical Dependency Counselor | If also licensed as LMSW, LMFT,LPC, physician, or psychologist-24 hours CE/2yrs. If not otherwise licensed, 60 hours. All hours specific to or related to chemical dependency. |
| Counselor, Professional | Counselor, Professional | 12 hours/year inc. 3 hours ethics or legal issues every other yr. |
| Dental Hygienists | Dental Hygienist | 12 hours/year |
| Dentists | Dentist | 12 hours/year |
| Dietitians and Nutritionists | Dietitian | 6 clock hours/year |
| Drinking Water Utility Plant Operator | Certificate Classes 1-3 | 1-2 courses in water conditioning |
| Emergency Medical Technicians | Emergency Medical Technician | Varies by level: see below |
| Emergency Care Attendants (ECA) | 20 contact hours CE/2yrs; 40 hours within 4/yr cert. period | |
| Emergency Medical Technicians (EMT) | 40 contact hours CE/2yrs; 80 hours within 4/yr cert. period | |
| EMT-Intermediates (EMT-1) | 60 contact hours CE/2 yrs; 120 hours within 4/yr cert. period | |
| EMT-Paramedics (EMT-P) | 80 contact hours CE/2 yrs; 160 hours within 4/yr cert. period | |
| Engineers | Professional Engineer | None required |
| Fire Fighters | Fire Protection Personnel/Firefighter | 20 hrs CE/year |
| Fire Inspectors | Fire Protection System Contractor | None found |
| Funeral Directors & Morticians | Funeral Director/Embalmer | 20 hrs/yr; required 2 hrs-law updates; 2-ethics; 2-vital stats |
| Salespersons, Retail | Hearing Instrument Fitter/Dispenser | 20 hrs/yr |
| Insurance Adjusters, Examiners, & Investigators | Insurance Adjuster | 30 hrs/2yrs, including 2 hrs/ethics (Most licensees) |
| Sales Agents & Placers, Insurance | Insurance Agent | 15 hours CE/yr |
| Interior Designers | Interior Designer | 8 hrs/yr |
| Interpreter | Interpreter for the Deaf | 75 hrs/5 yrs. |
| Construction-Irrigator | Irrigator, Landscape | 8 hours/yr |
| Surveyors and Mapping Scientists | Land Surveyor | 8 hrs/yr |
| Landscape Architects | Landscape Architect | 8 CEPH/year (CE Program Hrs) TBAE |
| Police Detectives | Law Enforcement Officer | 40 hrs/2 yrs Currently in 4 yr cycle |
| Librarians, Professional | Librarian, County | |
| Grades II & III (valid for two years) | 3 semester hrs at accredited college or 20 hrs other continuing education activities |
|
| Grade I (permanent) | ||
| Marriage & Family Therapist | Marriage & Family Therapist | 15 hrs/yr; 3 hrs ethics every 3 yrs. |
| Massage Therapist | Massage Therapist | 6 clock hrs/yr |
| Medical Scientists | Medical Physicist, Professional | 24 contact hours/2 years |
| Radiologic Technologists | Medical Radiologic Technologist, General | 24 hours/2 years |
| Limited Certificate | 12 hours/2 years | |
| Nursing Aides, Orderlies, & Attendants | Midwife, Direct Entry | 10 hours CE /yr |
| Licensed Practical Nurses | Nurse, Licensed Vocational (LVN) | 20 contact hours (2 CEUs)/2 yrs |
| Registered Nurses | Nurse, Registered (RN) | 20 contact hours (2 /CEUs)/2 yrs |
| Nurse Aide, Long Term Care | none found | |
| Medicine & Health Services Managers | Nursing Facility Administrator | 40 hours CE/ 2 yrs |
| Occupational Therapists | Occupational Therapist | 30 hrs/2 yrs. |
| Occupational Therapist Assistant | 30 hrs/2yrs | |
| On-Site Sewage Facility | Designated Representative | 16 hrs/yr |
| Installer Class I | 16 hrs/yr | |
| Installer Class II | 16 hrs/yr | |
| Opticians, Dispensing & Measuring | Optician | 5 hrs/yr for voluntarily registered opticians |
| Optometrists | Optometrist | sixteen hours of continuing education/ year inc. six hours in diagnostic or therapeutic education |
| Orthotists/Prosthetists | Orthotist/Prosthetist | |
| prosthetist or orthotist license | 24 hrs/2 yrs | |
| prosthetist and orthotist license | 40 hrs/2 yrs | |
| prosthetist or orthotist assistant | 12 hrs/2 yrs | |
| prosthetist and orthotist assistant | 20 hrs/2 yrs | |
| prosthetic or orthotic technician | 6 hrs/2 yrs | |
| prosthetic and orthotic technician | 10 hrs/2 yrs | |
| Pawn Broker/Lender | Pawnbroker/Lender | None found |
| Cardiology Technologist | Perfusionist | 45 CEUs/3 yrs |
| Pest Controllers & Assistants | Pesticide Applicator | |
| Private Applicator | 15 CEUs/5 yrs ( 2 ea. in laws/regs & integrated pest mgmt.) | |
| Private Applicator Certificate Holder | 15 CEUs/5 yrs | |
| Commercial Applicator | 5 CEUs/yr (1 ea fr 2 of: laws/regs, integ pest mgmt, drift min) | |
| Noncommercial Applicator | 5 CEUs/yr (1 ea fr 2 of: laws/regs, integ pest mgmt, drift min) | |
| Pharmacists | Pharmacist | 12 hours CE/ yr |
| Physical Therapists | Physical Therapist | 3 CEUs (30 contact hours)/2yrs inc. 2 hrs. ethics; |
| Physical Therapist Assistant | 2 CEUs (20 contact hours)/2 yrs inc. 2 hrs. ethics | |
| Physicians and Surgeons | Physician | 24 hrs CME/yr (at least 12 hours formal courses) |
| Physician Assistant | 40 hrs CME/yr (at least 20 hours formal courses) | |
| Plumbers, Pipefitters, and Steamfitters | Plumber | 6 hrs/ yr |
| Podiatrists | Podiatric Physician | 30 hours CE/2 yrs |
| Polygraph Examiners | Polygraph Examiner | voluntary |
| Detectives/Investigators | Private Investigator/Security Guard | 12 hrs/2yrs |
| Psychologists | Psychologist | 12 hrs/yr |
| Psychological Associate | 12 hrs/yr | |
| Specialist in School Psychology | 12 hrs/yr | |
| Sales Agents, Real Estate | Real Estate Broker | 15 classroom hours MCE/ two years inc. 6 hrs legal topics |
| Real Estate Sales Agent | 30 hours/yr Salesperson Annual Education (SAE) | |
| Construction & Building Inspectors | Real Estate Inspector | 8 hours core real estate inspection courses/year |
| Respiratory Therapists | Respiratory Care Practitioner | 12 hours CE/yr |
| Sanitarian | Sanitarian | 12 CE contact hours/yr |
| Sales Agent, Securities, Commodities, Financial Serv. | Securities Dealer/Investment Advisor | none found |
| Social Workers | Social Work Associate | 15 hours CE/yr inc. 3 hours in ethics |
| Licensed Social Worker | 15 hours CE/yr inc. 3 hours in ethics | |
| Licensed Master Social Worker | 15 hours CE/yr inc. 3 hours in ethics | |
| Municipal Solid Waste | Solid Waste Technician Class A-Class D | 40 hrs-24 hrs/4 yrs |
| Speech-Language Pathologists & Audiologists | Speech-Language Pathologist/Audiologist | 10 hrs/yr; 15 if dually licensed |
| Tax Examiners, Collectors, & Revenue Agents | Registered Texas Assessor Collectors | 60 CEUs/5 yrs |
| Registered Professional Appraisers | 60 CEUs/5 yrs | |
| Registered Texas Collectors | 25 CEUs/5 yrs | |
| Teacher | Teacher | none found |
| Installer | Underground Storage Tank Installer | 8 hrs/yr |
| UST On-Site Installer or Remover Supervisor | 8 hrs/yr for each license type held | |
| Veterinarians and Veterinary Inspectors | Veterinarian | 15 hrs/yr; 3 hrs ethics every 3 yrs. |
| Earth Drillers | Water Well Driller/Pump Installer | |
| PROFESSIONAL ORGANIZATIONS | ||
| Continuing Education Requirements | ||
| Certifications/Registrations | ||
| Clinical Laboratory Scientist | Clinical Laboratory Scientist/Med. Tech | 3.6 CEUs/3 yrs |
| Clinical Laboratory Technician | Clinical Laboratory Technician/ Med. Lab. Tech. | 3.6 CEUs/3 yrs |
| Clinical Laboratory Phlebotomist | Clinical Laboratory Phlebotomist | 3.6 CEUs/3 yrs |
| CT(IAC) International Academy of Cytology | Cytotechnologist | 180 continuing education credits/4 yrs |
| Genetic Counselor | Genetic Counselor, Diplomate | 25 CEUs/10 yrs |
| Histologic technician | Histologic Technician | 3.6 CEUs/3 yrs |
| Kinesiotherapist | Kinesiotherapist | 1.2 CEUs (1 CE = 10 contact hours) / year |
| Leisure Professional | Leisure Professional, Certified | 2 CEUs/2 yrs |
| Music Therapist | Music Therapist-Board Certified | CE |
| Orthoptist | Orthoptist | 15 hours CE/yr |
| Pathologists' Assistant | Pathologists' Assistant | Certification process in development |
| Recreation Therapist | Therapeutic recreation specialist, certified | 30-50 hours/5 yrs |
| Surgical Technologist | Certified Surgical Technologist | 80 CE credits/6 yrs |
Ward Chartier:
For the past few years, professional engineers in Texas annually require 1 hour of ethics training and 14+ hours of continuing education.
February 2, 2015, 9:25 amAZ PE:
A side note is that many of these occupations don't require 'licensing' as long as you supply the services as an employee of the company using them. E.g., Engineers don't require PE if they only 'engineer' for their employers benefit - and most won't bother unless there is an internal incentive.
Just another way to keep the premium offered by licensing up, yet not feel the political wrath of companies that use the professionals internally. The government groups that run the licensing schemes are filled with ego-maniacal bizzaro-world denizens who expect catastrophic consequences whenever a non-licensed individual crosses some imaginary and constantly moving boundary.
February 2, 2015, 10:30 amTeeJaw:
The late Jerry Kopel, father of David Kopel, was a liberal Democrat in the Colorado General Assembly a few decades back. He fought against most occupational licensing laws (except learned professions) on the same grounds as you state, the only purpose they serve is to limit competition. I guess that was before liberals became progressives.
February 2, 2015, 12:33 pmTeeJaw:
The main effect of continuing education requirements in the legal profession has been to make the continuing education programs less helpful and more expensive. I lived under both regimes and believe that when one had a choice about one’s CLE the quality was higher and the cost more reasonable. I sure don’t think mandatory CLE has resulted in better lawyers. Good lawyers don’t need to be mandated to stay current on the law. There is plenty of peer pressure to try hard to be the best one can be. There were a few very bad lawyers then, but that hasn’t changed under mandatory CLE.
February 2, 2015, 12:41 pmColoComment:
The list doesn't seem to include the one profession that absolutely, positively should be there: politicians. They should be required to pass basic bill-reading and extemporaneous speaking tests, along with continuing ed requirements including ethics [yes!], history, economics, finance, and an every-other-year two-week commitment working at a menial job (to remind them that there's a world outside the Beltway.)
February 2, 2015, 12:44 pm/sarc off/
mesocyclone:
Glenn Reynolds has suggested that the 14th Amendment gives Congress the power to override these laws with federal legislation. It should.
February 2, 2015, 5:46 pmUncle Max:
Greg Abbott specifically said he wanted to reform Occupational Licensing in Texas. He needs the legislature of course, but he obviously is aware of the issue and hopefully will be able to overcome the licensing lobby that likes things the way they are. Time will tell.
February 2, 2015, 9:50 pmmarkm:
Is it as irrelevant to an electronics engineers work as the subjects tested on the PE exam were?
February 8, 2015, 5:28 ammarkm:
It is interesting that CPA's require only 2 hours/year, while many simpler professions require ten times as many or more.
February 8, 2015, 5:31 amWard Chartier:
Are you saying that ethics as a topic is irrelevant to people working in the field of electronics engineering? Please clarify.
February 8, 2015, 10:57 am