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This legislation contains provisions which offend our principle of limited government, such as requiring licensure applicants to submit to fingerprinting and background checks; and subjects licensees to enforcement action by the board if they engage in what the board determines a "potentially harmful prescribing or dispensing pattern or practice". We oppose these provisions.
On the other hand SB 319 uplifts limited government by authorizing a reduction in licensure fees and authorizing licenses to be valid for up to two years thereby reducing the bureaucratic nuisance of annual renewal. We support these provisions.
Because SB 319 would have an equal and opposite effect on our principles, we will remain neutral on the bill.
For a fuller exposition of our views regarding occupational licensure, click here.
For further reading on this issue we recommend a couple excellent resources:
The Institute for Justice has done yeoman’s work in researching the pervasiveness of the licensing problem. Their 2012 national study, License To Work, which gives an in-depth report on the status of licensure in every state, should be required reading for policymakers working on licensure issues.
Guild-Ridden Labor Markets: The Curious Case of Occupational Licensing by Morris M. Kleiner, which describes in easily readable language the history of occupational licensing in the United States, demonstrates the clear connection between licensure and industry protection.