b'mission for virtually anyone to practicefessions require licensing to practice aspite evidence that licensing boards are a healing art. particular healing art. /iFensinJ EeJeWsoften not particularly interested in per-Licensing in health care, as in otherliFensinJ. Only a licensing law encom- forming this task themselves. 3occupational areas, stipes innovation,passing ones own scope of practice canWe badly need to get off the licens-blocks opportunity for potential innova- protect you from violating medical li- ing treadmill and free all healers to heal, tors and entrepreneurs, and protects thecensing.Chiropractors,forexample,just as midwives need to be freed from income stream of those who are alreadywere actively persecuted by medical li- the nefarious impacts of medical licens-licensed. In this way, it also harms thosecensing boards, but when they saw theiring and then the ill-will of members of who could benefit from the innovationown licensing laws enacted (thanks intheir own profession. But how? Licens-of others. That is, it damages the healthno small part to the National Healthing has proven virtually impervious to of the general population, even going soFederation), they could practice safelychallenge. Sure, overstepping licensing far as killing women in childbirth by ef- from legal prosecution. But, their licens- boards can be reined in with costly law-fectively denying any aid at all to thoseing law gave chiropractors the power tosuits, 4and a recent U.S. Supreme Court who cannot afford licensed help. then harass massage therapists. Then,ruling declaring many licensing boards Yet the main reason often given as atherapists, once licensed, began harass- in violation of anti-trust law helps to Mustification for the licensing of medicaling others poaching on their territory. restrict licensing board actions, 5but the professionals is to protect the quality ofDespitetherecenthistoryofmid- problems that licensing creates remain. the profession. Few realize that licens- wifery, wherein nonconformity, femi- The occasional minor licensing law may ing does nothing of the sort. Iatrogenicnism, and traditionalism combined toeven be repealed, but rarely in health (doctor-caused) deaths have consistentlybring back the profession, licensing iscare. We need to end the monopoly.ranked near the top of the list of all- actually consuming itself. In New York, causes mortality in Western countries.educational requirements (the narrow- Importance of Legally By stiping innovation in the healing artsest and highest of all licensing hoopsProtecting Credentialingand protecting from discipline and pun- to jump through) have been increasedCredentials matter to people. A pro-ishment those members of the medicalthus blocking many from, for example,vider with a degree or certificate can fraternity who truly deserve to be pun- going into midwifery, creating a greaterhave instant credibility, granting them ished, licensing boards are the absolutescarcity of service providers, and leavinga valuable market advantage for which worst assurance of quality health care. some to give birth unaided. people are willing to pay. At the same Where licensing is concerned, theretime, a sellers credential allows a buyer Licensing Begets Licensing is no accommodation. There is no endto have some confidence in the ability AnyoneinnovatinginthehealingWo WKe WemSWaWion Wo SXsK Ior JreaWerandexperienceoftheproviderwith-arts, whether by recommending harm- sFarFiW\\ E\\ arWioFial means. There is noout having to go to the trouble of doing less nutritional and herbal remedies orcompunction about lying for the sake ofin-depth research or having to know employingexternaltouchremedies,artificial competitive advantage. There issomeone who has used the provider.faces the risk of running afoul of one ortoo much ease in convincing nave StateStill, credentials are easy to render more of a States monopolistic licensinglegislators to pass ever more restrictivemeaningless. Fraudsters can claim a credential and profit greatly from that claim. This can irreparably damage There is no end to the temptation to pushthe credibility of a credential that le-foU JUeateU scaUcity by aUtiocial means. gitimately informs consumers of real skills and competence on the part of the credentialed ones who have ob-laws. Indeed, this is a virtual certaintylicensing requirements, enhancing thetained it at great, personal financial since medical doctors, historically themonopoly, even in the face of evidencecost.first in a long list of occupations that areshowing the harm they do. 2 Enforcing a credential without li-now licensed (many having nothing toBut people are used to licensing. Ascensingrequirescivilactionthatis do with healing or public health), havementionedabove,mostaresurethatcostly. This is very likely a major rea-such a broad scope of practice that it is,if healing arts were not licensed, wide- son why licensing was pursued in med-or can be, violated by anyone else ad- spread mayhem would occur in hospi- icine in the first place. While creating ministering to the health of others. tals. People would not have the abilityafraudulentcertificationcredential That broad scope of practice is likelyto discern expert from charlatan or themight be low-to-no-costand legally the main reason so many healing pro- competent from the incompetent, de- defending it is usually expensive and H EALTHF REEDOMN EWS /S UMMER2022 13NHF_Summer40-2_2022_Linda_08-09-2022.indd 13 8/10/22 11:10 AM'