Professionals In PA Feel Special Enforcement Hammer

By Rachel Martin | PA Independent

The Pennsylvania Department of State each month publicizes its list of professionals who have been disciplined by the state’s myriad boards.

A closer look, however, shows a special enforcement mechanism that has nothing to do with consumer well-being — the reason that’s given for states restricting who can participate in certain fields.

“The absurdity is visible on its face,” economist Donald Boudreaux told Watchdog.org. “It is not tightly or closely related to the goal of consumer protection.”

Boudreaux is an economics professor at George Mason University, senior fellow at the Mercatus Center and longtime columnist for the Pittsburgh Tribune-Review.

Courts have ways of dealing with people who refuse to comply with court orders — freezing bank accounts, holding you in contempt, issuing bench warrants and tossing you in jail to stew for a bit.

But one special hammer is reserved for some licensed professionals.

Five of the people listed in the January report were disciplined for not complying with court orders that had nothing to do with the job they do. Watchdog.org was unable to contact anyone disciplined in the most recent report.

But we did find Philadelphia barber Shaheed Purnell, who found out in August how much it costs when you fail to comply with a court order.

“It’s ups and downs, in life and finances … I got behind, had a bad month or two at work, lost a couple barbers,” Purnell told Watchdog.org.

He had to shut down Falah Barbershop in Philadelphia for several months after he was told to stop cutting hair.

“This business, it fluctuates, like stock,” he said.

The state Board of Barber Examiners suspended Purnell in late August, following an order from the Philadelphia County Court of Common Pleas, when Purnell was behind on his child support.

Under Pennsylvania’s Domestic Relations Code, if someone doesn’t comply with child support or other types of court orders, a court can issue a mandatory order to “any licensing authority” to suspend a license, not renew one, or not grant one.

So licensing — getting government approval to work — becomes an extra way to enforce rules entirely unrelated to that work.

And the licensing authority has no discretion unless it’s a case of mistaken identity.

Pennsylvania has 29 licensing boards under the Bureau of Professional and Occupational Affairs, regulating a diverse group of professionals, from doctors and nurses to auctioneers and funeral home directors.

Pennsylvania also keeps an eye on its notaries, under the Bureau of Commissions, Elections and Legislation.

“If this was the only conceivable way” to enforce such matters, “then OK,” said Boudreaux. But clearly it’s not.

Courts also can garnish wages and take away driver’s licenses.

Purnell agreed. If the idea is to have someone pay something that’s owed, “why limit your capabilities to pay your bills?” he asked.

“This is how I’m able to pay my bills,” he said of his barber business.

Purnell said he was behind by about $3,000 — he’d once owed “way more” than that. Previously, he’d work out payments.

“This was the first time they ever did this to me,” he said.

It took Purnell several months to get the money together. After that, he also had to renew his licenses, but his shop now again open for business.

No one’s saying people shouldn’t pay their child support. The question is whether it makes sense to take away someone’s ability to pay as a means of enforcement.

It also raises the question of whether it’s appropriate for the state to use this particular hammer on individuals the state licenses, theoretically to ensure the health and safety of the public.

For Boudreaux, it provides “further proof that (licensing) is not for the asserted reasons.” He said occupational licensing is not so much about helping consumers but about stifling competition.

Many of the disciplinary actions don’t directly deal with individuals’ ability to do their jobs, or the health and safety of consumers. In January, 56 disciplinary actions were announced.

• Eight dealt only with licensure itself, such as having a lapsed license.
• Nine were enforcing prior discipline of the boards.
• Seven were reciprocal discipline — people that had been disciplined in another state.
• Five were enforcing Domestic Relations Code orders, like Purnell.
• Fifteen were for misconduct both on and off the job.
• Twelve were for not working up to state standards.

Martin can be reached at rmartin@watchdog.org, and follow her @RMartinWatchdog for more.