Occupational licensing is a safety measure

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Labor Commissioner Leslie Osborn
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By Leslie Osborn

State Labor Commissioner

 

OKLAHOMA CITY – Occupational licensure is the legal requirement that a credential be obtained in order to practice a particular profession.

When I took office in 2018, a bill recently passed by the Legislature created the Occupational Licensure Commission and named the Labor Commissioner as its chairman. Its purpose was to review which jobs in the state required a license to practice, and to ensure that the licenses were reasonable and necessary.

Over a four-year period our commission reviewed all licenses. Originally there were 508 occupational licenses, but we were able to shave that number to 208. Many licenses were eliminated, combined, or moved to a certification.

Issues we reviewed included educational requirements, cost, and continuing education requirements.

We license a variety of different professions such as medical doctors, cosmetologists, architects, welders and investment advisers. The purpose is safety of citizens, with licensing entities having boards for accountability and integrity of the trade practiced.

Now Oklahoma is in the median of all states on numbers of licenses.

The Oklahoma Department of Labor’s website has a link that provides easy access to all of this data and contact information about the licensing entities.

The commission recommended other substantive changes to the Legislature which were enacted into law. Those included expedited licensure for military members and their spouses who relocate to our state. A provision also was made for low-income Oklahomans to apply for reduced or no-cost licensing if financial hardship is proven. Universal licensure was passed so that we have quick reciprocity with other states for people who practice a profession in multiple states or move here.

Most notably, outdated morality clauses were removed from all statutes in Oklahoma that address licensing. For example, someone who kited a check 15 years ago should not be barred from working as a licensed practice nurse. This has had a huge impact for people who formerly were incarcerated, although there are exceptions for violent, sexual, and heinous crimes or crimes in the field of the license.

As one of the highest incarceration states, almost 10% of the adult population in Oklahoma has a former felony conviction. That’s a huge number of our potential workforce.

There have been groups that advocated for removing all licensing in our state, to let the free markets rule. However, there are multiple reasons why that is not a prudent idea.

The accountability of licensing weeds out bad actors. Boards can observe and regulate to protect citizens. This is a health and safety issue; without board supervision and licensing, citizens would have to hire attorneys and go to district court for information and recompense.

These boards have open records meetings where complaints can be lodged, and people removed from practicing if they are causing physical or financial harm. By requesting to see licensure in everything from plumbing to practicing as a midwife, there is quick access to check on a licensee for accountability.

We could trust our citizens to never exceed posted speed limits, but not everyone would adhere to those laws, hence law enforcement’s random spot checks. We could also trust that the person putting chemicals on your scalp knows what he/she is doing, to prevent permanent hair loss and caustic burns.

Occupational licensure assures the public that a professional is educated in the proper way to ensure safety. For a very low cost, it is peace of mind for our citizens and respects the hard work and educational pursuits put in by everyone from electricians to anesthesiologists.

 

Leslie Osborn is in her second four-year term as state Labor Commissioner and served in the Legislature in 2009-18.