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Federal judge finds state law governing who is an engineer violates free speech

oregonlive.com

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Re: Federal judge finds state law governing who is an engineer violates free speech

#41
post #28

Earlier quoted context omitted.

The professional engineering association is ruthless in enforcing it. What do they call people who drive trains in Ontario?

I'm putting my chips on them using the same word we do in the US: conductors ? Or is that the other fella in the train

The conductor manages all aspects of the train other than its locomotion.

Oh, and they serve as the engineer's eyes when locomoving in reverse. :-)

Re: Federal judge finds state law governing who is an engineer violates free speech

#42
> cited the state board’s “history of overzealous enforcement actions.’’

Say what you want about the usual insanity of the law in Texas, but they handle lots of these overzealous professional state agencies in a healthy manner by means of the "Texas Sunset Commission": https://www.sunset.texas.gov. Basically, every few years state boards come up for review to see if their existence is worth it.

For example, a few years ago the state veterinary board was excoriated as part of the sunset review process when the board went after a leader in the animal No Kill movement. It's a good periodic check that these boards don't become the little fiefdoms that they so often turn into.

Re: Federal judge finds state law governing who is an engineer violates free speech

#43
post #4

Does free speech mean anyone can call themselves a doctor, too?

There is a very famous legal case dubbed “Dr. Feelgood”. The guy would approach women in apartment parking lots, tell them they have a disease and he could “cure” them with sex, because he has been injected with the cure. He successfully convinced and had sex with multiple women, and he actually charged them $750 to boot. As you might expect one of the charges was fraud...turns out men’s right to lie to women’s out b…

I'm surprised. I would have expected the exchange of money to bring this little scheme out of free speech and into regulate-able commerical activity. It's no secret that people are legally allowed to lie about their profession for personal gain.

Re: Federal judge finds state law governing who is an engineer violates free speech

#44
post #37
post #25

I would argue that occupational licensing is extremely overdone, even in the riskier professions like medicine and dentistry. Here is a recent article from the NYT about the horrible situation of cosmetology licensing: https://www.nytimes.com/2018/12/26/business/cosmetology-scho... I'm not saying we don't need occupational licensing whatsoever. But there is no reason someone can't learn to drill a cavity in 6 months…

I think you underestimate the knowledge and training to do dental work safely.

Maine allowed a special license for hygienists to do extra procedures, including cavity drilling (if a real dentist is in the building). It is going fine so far.

https://www.pressherald.com/2018/02/04/independent-dental-hy...

However, getting the law changed to allow this has been fought tooth-and-nail, so to speak:

https://www.washingtonpost.com/politics/the-unexpected-polit...

Like all licensed professionals, dentists are part of a cartel ("guild"). Some guilds are better than others for their members and/or consumers.

Re: Federal judge finds state law governing who is an engineer violates free speech

#45
post #4

Does free speech mean anyone can call themselves a doctor, too?

Actors call themselves doctors etc all the time without issue.

So, obviously the issue is more narrow than you’re suggesting. You can’t for example say you’re a doctor when doing so would also constitute fraud.

Re: Federal judge finds state law governing who is an engineer violates free speech

#46
post #37
post #25

I would argue that occupational licensing is extremely overdone, even in the riskier professions like medicine and dentistry. Here is a recent article from the NYT about the horrible situation of cosmetology licensing: https://www.nytimes.com/2018/12/26/business/cosmetology-scho... I'm not saying we don't need occupational licensing whatsoever. But there is no reason someone can't learn to drill a cavity in 6 months…

I think you underestimate the knowledge and training to do dental work safely.

It's still possible to subdivide a broad field and allow less-skilled people to do individual parts.

For a cavity, I could see a DDS diagnosing it and also determining that their Certified Carries Tech can handle it on their own. They pass the work off and move to the next patient.

To keep things safe, require a dentist to be available if the need arises.

Re: Federal judge finds state law governing who is an engineer violates free speech

#47
post #25

I would argue that occupational licensing is extremely overdone, even in the riskier professions like medicine and dentistry. Here is a recent article from the NYT about the horrible situation of cosmetology licensing: https://www.nytimes.com/2018/12/26/business/cosmetology-scho... I'm not saying we don't need occupational licensing whatsoever. But there is no reason someone can't learn to drill a cavity in 6 months…

I don't think it's fair to lump dentistry in with cosmetology. Performing surgery on someone's teeth and jaw can have lifelong implications if done incorrectly, and it's thus worth having real training and licensing. Even something as seemingly simple as drilling and filling cavities has all sorts of risks. We already have a much lower level of licensing than DDS for common procedures that can be done safely, i.e. dental hygienists. Actually drilling into the tooth is not one of those procedures.

Cosmetology, by contrast, is mostly aesthetic, and the risks that need managed are relatively simple ones, e.g. learning how not to cut or stab someone with scissors or razors, proper use of dying agents to avoid chemical burns, hygienic practices to prevent spread of lice and fungus, and other stuff like that. So long as you don't make those kinds of errors the worst you can do is leave someone looking not great.

Re: Federal judge finds state law governing who is an engineer violates free speech

#48
post #25

I would argue that occupational licensing is extremely overdone, even in the riskier professions like medicine and dentistry. Here is a recent article from the NYT about the horrible situation of cosmetology licensing: https://www.nytimes.com/2018/12/26/business/cosmetology-scho... I'm not saying we don't need occupational licensing whatsoever. But there is no reason someone can't learn to drill a cavity in 6 months…

I don't think it's fair to lump dentistry in with cosmetology. Performing surgery on someone's teeth and jaw can have lifelong implications if done incorrectly, and it's thus worth having real training and licensing. Even something as seemingly simple as drilling and filling cavities has all sorts of risks. We already have a much lower level of licensing than DDS for common procedures that can be done safely, i.e. de…

As I responded to another commenter, this has been accomplished successfully in Maine:

https://www.pressherald.com/2018/02/04/independent-dental-hy...

Re: Federal judge finds state law governing who is an engineer violates free speech

#49
> Jarlstrom, who holds a bachelors of science degree in engineering from Sweden, has repeatedly challenged Oregon’s timing of yellow traffic lights as too short.

> He was investigated by the Oregon Board of Examiners for Engineering and Land Surveying for the “unlicensed practice of engineering,’’ after he sent his traffic light calculations to the state board, and identified himself as an engineer to local media and the “60 Minutes” TV news program, and in discussions with the National Council of Examiners for Engineering and Surveying.

Mats Jarlstrom was investigating traffic light policies and was fined $500 by the state for unlicensed engineering.

Re: Federal judge finds state law governing who is an engineer violates free speech

#50
I both love and hate this story.

Unfairly handing out red light tickets is rotten, but fining the man who pointed it out is beyond rotten. It's corrupt. There's no question Oregon was defending its income with that move. Dirty money.

I don't feel like reversing the fine is nearly enough of a response. There was effectively no punishment for issuing that fine.

But, I'm still pleased with the outcomes Järlström keeps accomplishing. It may not completely offset the chilling effects caused by the initial transgressions, but hopefully it can inspire others.

All in all, it definitely reflects very poorly on the Oregon State government. I hope they're happy with the reputation damage done.

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