Protecting the Public

As of September, individuals in Texas will no longer require a license from the state to offer plumbing services. Talk show host Michael Berry, who often opposes occupational licensing, recently criticized this move.

Berry correctly noted that occupational licensing is enacted under the pretense of protecting the public. He criticized the licensing of hair braiders and interior designers, arguing that such laws are nothing more than a barrier to entry, and he is correct.

But Berry went on to say that an incompetent plumber can cause extensive harm. For example, a gas leak could cause an explosion. Therefore, he argued, we need to license plumbers as a matter of public safety–i.e., to protect the public.

Certainly, an incompetent plumber can cause more damage than an incompetent hair braider or interior designer. But just as one should exercise due diligence when hiring a braider or designer, one should scrutinize a plumber before hiring him. The state’s stamp of approval is not a guaranty of competence.

Individuals have a moral right to offer whatever services they desire. And consumers have a moral right to hire any individual they choose.

Without state licensing, individuals with limited plumbing skills could offer to replace faucets, reset toilets, and perform other rudimentary services. A highly skilled plumber is simply not needed for such tasks, but with state licensing the consumer must pay higher prices because he has no viable alternatives.

Just as there are specialists in medicine, in a free market we would likely see plumbing specialists, as well as “general practitioners.” Consumers would have more choices, and each would be free to hire the plumber who best meets his needs and budget.

Licensing hair braiders doesn’t protect the public. Neither does licensing plumbers (or any other profession).