by Jon Sanders
Research Editor and Senior Fellow, Regulatory Studies, John Locke Foundation
In the 40 years ending in 2015, there were only eight minor instances of de-licensing in the states. That’s the year when the Supreme Court issued a landmark ruling against North Carolina’s dental licensing board and removed all occupational licensing boards’ expectation of automatic antitrust immunity.
Since then, there have been 11, and most of them have been major, systematic restructurings. With Gov. Susana Martinez’s October 3 Executive Order, New Mexico has now solidly joined the de-licensing revolution.
Martinez’s EO contains the following provisions, which should all sound familiar to JLF readers.
Section 1(a) grants full reciprocity to licensing in New Mexico for licensees moving in from other states. Section 1(b) goes further, letting professional experience count toward a New Mexico license if the practitioner moves in from a state that doesn’t impose a license on that profession.
Section 1(c) incorporates Occupational Licensing Consumer Choice reform. Under its provisions, a service professional in a field licensed within the state would retain the right to earn a living even without an occupational license by providing consumers with a non-license disclosure prior to agreeing to do work. Consumers could then knowingly choose someone whose professional credentials in a state-licensed profession would include other things, including another state’s license, but not a state license.
Section 2 drastically reduces the burdens to getting a license. Highlights include:
Section 3 would prevent license-seekers from being disqualified for a conviction record unless the crime “pertain[s] directly to the practice of the occupation or the applicant’s capacity to perform the duties of the occupation.”
We at JLF have been tirelessly promoting these ideas for North Carolina. We have discussed the problems of burdensome licensing requirements in many ways and how to fix them:
It’s good to see these ideas taking root in so many states. It’s frustrating to see North Carolina sit idly by, doing nothing.
One day, North Carolina. One day.