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Noel, I agree that if you are determining the entry level requirements you need to start by studying documented non-temporary harm to the public that can be mitigated by proper education. That should be the point of licensing standards. I think we need to contact the insurance companies and examine the claims.
The reason we have licensing is because prostitutes use the term “massage” for acts that are not massage. It is about the work not the practice. However, the law has been perverted to create protectionist barriers in terms of money and time to entry to the professions. But worse they are using the law to artificially distort the profession.
I agree with UC San Diego’s Center for Public Interest law.
For fifteen years, CPIL's theory regarding the regulation of trades and professions has been consistent:
Government should not interfere with the marketplace unless absolutely necessary.
Government should regulate a particular trade or profession only after an honest assessment of the marketplace and any flaws which (a) present a threat of irreparable harm, or (b) prevent normal marketplace functioning from driving out incompetent, dishonest, or impaired practitioners.
Licensing is one form of regulation and it is the most market-intrusive and restrictive form of regulation. It should be reserved for trades and professions in which incompetence is likely to cause irreparable harm that is, harm for which money cannot compensate. If there is likely irreparable harm, then a prior restraint type barrier to entry (licensing) which addresses and prevents that precise harm should be imposed; additionally, the licensing agency should set industry wide standards of conduct and ethics, and police violations of those standards through a vigorous enforcement program.
In the absence of probable irreparable harm, numerous regulatory alternatives to licensing should be considered. These include the posting of a bond to ensure a fund to compensate injured consumers, a certification program which has the effect of disclosing information to consumers about the qualifications of a practitioner and protects the use of a title, a permit program, disclosure requirements, a rule of liability, straight statutory prohibitions on certain activities, tax incentives to encourage certain behaviors, antitrust litigation to restore the normally-functioning marketplace, etc.
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