|From: John M. Andrist [mailto:jandrist@state.nd.us]
Sent: Monday, April 17, 2000 2:13 PM
To: Schafer, Ed T.
Subject: Licensing Abuse
Governor Ed:
You probably are aware that I have been at war for years with our licensing
system. This community had great difficulty getting a capable physician
licensed because of silly rules designed to keep out foreign trained
competitors. A similar situation happened when an out-of-state architect
wanted to do a job here a number of years ago, but was restrained by
licensure rules. And the crowning situation was when a popular
cosmetologist from Estevan with more than twenty years of experience was
prohibited from starting a shop in North Dakota. A young attorney who was a
neighbor of mine had to sit for six months after his graduation before he
could even take the bar exam. These abuses are particularly destructive for
small communities which often have few provider options.
Among other silly abuses licensing laws require nurses to contribute to a
scholarship fund, and lawyers must be members of the state (private) bar
association to get a license. You no doubt are aware of others.
Many of the licensing abuses have been lessened by the adoption of national
standards or board examinations in a number of professions. But the
underlying problem remains:
There is something fundamentally wrong when a small board of practicing
professionals is empowered to decide who should or should not be allowed to
go into competition with them. It can get to be "clubby". I've tried a
number of bill approaches, soundly defeated, in past sessions, but had
decided to just give up until the flap with Dr. Gale arose. Without wanting
to cast judgment on this case, I can only say the system is a smoking gun
waiting to be abused.
It seems to me that basic professional competency should be determined at
the university level, or by a full-time agency in charge of licensure for
numerous professions -- and disciplinary action as well. The insulting part
of the system is the presumption that consumers are not capable of
determining who can cut hair, that schools are unable to assess the ability
of teachers without a license, and that hospitals will hire incompetent
nurses unless restrained by licensure laws.
We don't license governors, legislators, journalists, merchants, car sales
personnel . . .
We should be a government of enablers, not protectors. End of sermon.
If you should desire to explore this issue at more length I would be happy
to be your extended arm in the legislature. Sen. Solberg is another
advocate.
Best wishes always.
John |