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A Snapshot of Occupational Licensing in New York
Edward Timmons1, Conor Norris1, and Noah Trudeau1,2
1: Knee Center for the Study of Occupational Regulation, West Virginia University
2: Troy University, Alabama
Occupational licensing makes it illegal to work in an occupation before meeting state-mandated entry requirements that often include minimum levels of education and training, paying fees to the state, and passing exams. Nationally, 21% of workers are licensed.[1]
Licensing requirements for the same profession vary significantly across states. The 2023 State Occupational Licensing Index (SOLI) ranks states by the number of occupations that are licensed.[2] The SOLI database focuses on 331 occupations that are available in the Knee Center licensing database.[3]
New York’s SOLI ranking
In the 2023 SOLI, New York ranks 40th nationally (with 1st being the most burdensome). New York makes it illegal to work in 165 of the 331 occupations examined. This is 14 less occupations than the national average of 179, but 18 more than Kansas—the state with the fewest legal barriers (147) to working nationally.
Uniquely licensed occupations in New York
Among the 165 occupations that New York establishes minimum entry requirements to begin working, there are 21 occupations that are licensed in 20 states or fewer nationally. Table 1 provides a full list of these occupations and there is also a separate excel file with full details for interested readers.
New York is one of only 2 states in the country to issue a separate license for mold assessment consultants and dance therapists. New York is also one of only 9 states to license art and music therapists.
Table 1: Uniquely licensed occupations in New York
| Occupation | Total States |
| Mold Assessment Consultant | 2 |
| Dance/Movement Therapist | 3 |
| Certified Prevention Professional (CPP) | 4 |
| Mold Assessor Inspector | 5 |
| Specialist Electrician | 5 |
| Mold Remediation Contractor | 7 |
| Motor Vehicle Physical Damage Appraiser | 8 |
| Mortgage Banker | 9 |
| Music Therapist | 9 |
| Art Therapist | 9 |
| Surgical Technologist | 11 |
| Crane Operator | 13 |
| Gas Fitter | 15 |
| Medical Clinical Laboratory Technician | 15 |
| Paraprofessional/Teacher’s Aide | 16 |
| Milk Weigher/Sampler | 16 |
| Investment Advisor | 17 |
| Pyrotechnic Operator | 17 |
| Optician Apprentice/Trainee | 18 |
| Perfusionist | 18 |
| Behavior Analyst/Assistant | 20 |
Sources: State Occupational Licensing Index 2023 Master File and Knee Center Occupational Licensing Database.
Why Licensing Reform is Important
By making it illegal to work in 165 occupations, and uniquely licensing at least 21 occupations, New York is imposing significant cost on its citizens.
Existing economic research suggests that occupational licensing raises prices by as much as 16%.[4] Licensing also reduces employment by as much as 27% by making it more difficult to begin working in licensed professions.[5] Nationally, it is estimated that occupational licensing results in 2 million fewer jobs being created each year.[6]
Although licensing may have historically resulted in some benefits to consumers[7], there is little evidence that it is helping consumers in the present. Recent work finds little evidence that occupational licensing is improving the quality of services provided to consumers in the US and Europe.[8]
In summary, New York currently places unique restrictions on its citizens to begin working. These restrictions are very costly and generate little to no measurable benefits for consumers. Following the lead of the majority of other states and choosing less restrictive ways to regulate and protect consumers would be in the best interest of New York citizens.
[1] Data on certifications and licenses (CPS), Bureau of Labor Statistics, https://www.bls.gov/cps/certifications-and-licenses.htm, January 25, 2023.
[2] Noah Trudeau and Edward Timmons. State Occupational Licensing Index 2023. Archbridge Institute, https://www.archbridgeinstitute.org/state-occupational-licensing-index-2023/, March 20, 2023.
[3] https://csorwvu.com/
[4] President Obama White House, Occupational Licensing: A Framework for Policymakers, https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing_report_final_nonembargo.pdf, July 2015.
[5] Peter Blair and Bobby Chung, (2019), How Much of Barrier to Entry is Occupational Licensing?. British Journal of Industrial Relations, 57: 919-943
[6] Evgeny Vorotnikov and Morris Kleiner, (2018), At What Cost? State and National Estimates of the Economic Costs of Occupational Licensing., Institute for Justice, https://ij.org/report/at-what-cost/#:~:text=By%20a%20conservative%20measure%20of,reach%20%24184%20billion%20or%20more.
[7] D. Mark Anderson, Ryan Brown, Kerwin Kofi Charles, and Daniel I. Rees, (2020), Occupational Licensing and Maternal Health: Evidence from Early Midwifery Laws., Journal of Political Economy, 128(11): 4337-4383.
[8] Morris Kleiner and Maria Koumenta (Eds.). (2022). Grease or grit? International case studies of occupational licensing and its effects on efficiency and quality. Kalamazoo, MI: W.E. Upjohn Institute for Employment Research.
