b'uncertainlicensing can create a crim- law were repealed and an associated inal-offense penalty prosecuted by ex- safeharborlawrenderedobsolete, isting law enforcement agencies. certification would not suddenly be-Private Certification Ascome necessary under the law.a Solution to Licensing 1ot only could the uncertified le-gally compete with the certified, but What we need is a new institutionalthose with different philosophies could path that does not reTuire the di- form different certification organiza-cult repeal of existing licensing laws,tions and also enjoy fraud protection is enough of a challenge to licensingunder the private certification law. thatitmightleadtorepealsintheThey could create a less legally pro-future, preserves the market value oftected certification as well.non-governmentalcredentials,andShould anyone seek to create a li-even allows for the freedom of prac- censing law where none existed pre-tice for those innovators and alterna- BYRON SCHLOMACH viouslyinaStatewithaprivate tives who may not carry credentialscertificationlaw,theywouldhave but instead practice with a good rep- toovercomenewobstacles.First, utation. That sounds like a tall order,is not required by the law. it would be easier and less costly to but this is exactly what is proposedWiththistransparency,privateconform to the private certification using something merely called pri- certification would also confer thestatute than to seek a licensing law. vate certification. 6 privilege of directly competing withSecond, there would still be competi-A certification credential says thethosewhoarelicensedwheretheirtion from existing certifiers or those holderhastraininginadesignatedscopes of practice overlap. Licensingthat operate in a newly licensed space field and has demonstrated to others aboards would be prohibited from ha- under the private certification law. certain level of competence. Certifica- rassing those who are certified by anThird, legislators would be more skep-tion does not exclude the non-creden- organization that itself enjoys crimi- tical of the need to pass a licensing tialed from practicing the profession.nal-fraud protection of its credential.statute in the presence of a private Governments sometimes certify. Pri- 3rivately certified practitioners would,certification law. All of these increase vate organizations certify. What if pri- of course, have to be very transparentthe costs and decrease the benefits of vately-conferred certifications, at leastwith the fact that they are not licensedpursuing licensing in the first place, undercertaincircumstances,wereby a government or quasi-governmentmaking such activity far less likely.protectedbythreateningfraudstersboard; but they could compete head- Ascurrentlyproposed,private not with uncertain and costly lawsuits,to-head with licensees, planting thecertification would not allow direct but with actual criminal prosecutionseeds in the minds of consumers andcompetition with medical doctors and for fraud? legislators that licensing is not neces- others in prescribing highly regulated The private certification proposalsary in practice, hopefully leading todrugs or in performing invasive pro-lays out conditions whereby a privateits repeal. cedures. However, it is not hard to certifying organization can gain fraud protection under criminal law for its credential.TheseconditionsalmostUnderthisproposal,noonewould entirely have to do with transparencyleJally have to be ceUtioed to pUactise a to consumers regarding the organiza-tions certification reTuirements andprofession.who it has certified. 6ince we do not wantsomeoneprintingcertificates and otherwise requiring no trainingUnder this proposal, no one wouldconceive of nurse practitioners using for someone certified, private certifi- legally have to be certified to practiceprivate certification to make further cation would require there to be reala profession (thats licensing). Existinglegal inroads in these areas and nurses training requirements, although thesesafe harbor laws and the ability of un- pooding into the practitioner area on are not specified, as well as periodiclicensed individuals to practice undera much larger scale. Ultimately, the checks of certified individuals. Bond- suchlawsumbrellaofprotectionlicensing barriers could come down, ing could be reTuired by a certifier butwould be unaffected. And if a licensingwith regulatory laws rewritten at the 14 H EALTHF REEDOMN EWS /S UMMER2022NHF_Summer40-2_2022_Linda_08-09-2022.indd 14 8/10/22 11:10 AM'