Student article
The politics of credentialing a profession

by Ann Hamilton

Credentialing, the formal process of acknowledging a professional's qualifications to perform a specific service, has been a major issue in Therapeutic Recreation for the past few years and will undoubtedly continue to be one for some time. In our quest to become certified or licensed, we must overcome numerous obstacles including the barriers that the political process and politicians pose. Nevertheless, despite the importance of credentialing to the profession, it appears that little effort has been directed towards understanding the "politics" behind the credentialing process. The purpose of this article is to develop an awareness of the political process involved in credentialing a profession.

The regulation or credentialing of professional groups is usually under the auspices of state law. Two states, Georgia and Utah, have passed therapeutic recreation state licensure laws during the past five years. Although they are the only two states to have passed licensure bills thus far, several states, e.g., Illinois, New York, California, are interested in attaining certification or licensure and have attempted to progress their bills through the legislative process. Through their attempts to become regulated, many professionals have realized that it is just as important to understand the political process and political climate as it is important to develop appropriate content in the proposed credentialing bill. An essential part of the political process lies in providing a reasonable rationale for state regulation of a profession.

Ann was formerly the Therapeutic Recreator for a Day Treatment Program at the Northwest Tennessee Mental Health Center in Martin, Tennessee. She received her B.S. degree in Physical Education, graduating with high honors from the University of Tennessee at Martin. Ann is currently pursuing her M.S. degree in Leisure Studies with a Therapeutic Recreation emphasis from the University of Illinois at Urbana-Champaign. Professional involvement includes ITRS, NTRS, and she is currently on the NTRS Membership Committee.

The Importance of Certification and Licensure

Aries (1970) and Hardcastle (1977) indicate that certification is warranted by the state to those professionals who have attained a specific level of knowledge and skills. It serves basically as "title protection" in that it restricts the use of a particular title, such as Therapeutic Recreator, to those who meet the requirements set forth in the law. Licensure is a still stronger form of legal regulation purporting that persons may not even engage in the practice of a particular trade or profession unless they meet the requirements set forth by the state and under its' regulatory power. One of the purposes of licensure and certification is to provide a form of job protection. More importantly, this credentialing, according to Hughes (cited in Gilb, 1966), strives to ensure competence of the profession as a whole. Its intention is to protect the public from incompetent and unethical service providers who do not meet the minimum qualifications established by law.

Political Process and the Politician's View

Because our efforts for certification or licensure are dependent on the final approval of the State Legislature and because the majority of Therapeutic Recreators are unfamiliar with the political process, the probability of getting credentialing laws passed is slim unless we as a profession take steps to ensure their passage.

Legislation already existing in the states may affect legislation proposed by a profession. Over one-half of the state legislatures including Illinois have passed sunrise and sunset laws which have an effect on the credentialing legislation. The credentialing legislation creates a regulatory board whose responsibilities are to establish minimum requirements for licensure or certification, regulate and discipline the profession, and hear and respond to malpractice complaints by the consumer against certified members. The Sunrise Law states that professions seeking credentialing for the first time in a state must prove that this legislation is essential to protect the consumer. The Sunset Law states that the profession's regulatory board must go through an evaluation at the end of a certain period of time and either be continued, terminated, or take positive steps to ensure their continued existence. Most sunrise and sunset committees look at credentialing from the politician's viewpoint and question the costs of the regulatory board to the state. Therefore, the profession must justify its necessity and cost to a legislative committee.

One approach that may aid in understanding already existing

Illinois Parks and Recreation 28 November/December 1981

laws and then moving a bill through the legislature is hiring a professional lobbyist who understands the "ins" and "outs" of the legislative process. The professional lobbyist is useful to the professional group in writing the bill, trying to get the bill out of the Sunrise/Sunset Review Committee, spotting "political games" of the legislators, and, in general, following and supporting the bill throughout the entire political process.

Another means of increasing the chances of a credentialing bill is through our own increased familiarity with the political process. This author interviewed Tennessee legislators for their political opinions and insights regarding credentialing laws. Upon request of the state legislators, specific names will not be revealed.

According to the interviews with state legislators, any time a profession is seeking certification or licensure, a number of questions are raised in the politician's mind. These questions deal with the profession's rationale for seeking certification or licensure and the effects that these regulations might have on the cost of services to the consumer. The consensus of the Tennessee legislators interviewed was that the profession's rationale for seeking regulation was often not to protect the consumer but rather to satisfy some special interest of the profession. One special interest cited by these legislators was the attempt to limit the number of people who enter the profession (supply) in order that the demand for the said profession's services might increase. Many Tennessee politicians viewed this as an effort by the profession to increase their salary levels. In Illinois, the State Legislature addressed this issue directly by questioning Therapeutic Recreation professionals about their rationale for wanting certification. Nineteen specific questions were asked including such questions as: "What harm is caused to the public by absence of regulation?" and "How will state regulation ensure that practitioners are competent?" If Tennessee and Illinois legislators are any indication, then, the profession must be prepared to explain how state regulation protects consumers, e.g., the politician's constituents.

According to Gilb (1966), the eventual fate of a bill may also be affected by the way the bill is drafted. During the drafting process, an important aspect to consider is the "grandfather clause," which protects existing practitioners should be grandfathered, professionals must consider the politician's view since politicians do not want to be responsible for one of their constituents losing a job as a result of the passage of a bill.

Another factor the profession must consider is which political party is in control of the legislature at the time the bill is to be presented. The party in control is a good source to tap for support of a bill. One of the biggest mistakes that could be made when trying to pass a bill is to attempt to make a

Illinois Parks and Recreation 29 November/December 1981

bill a partisan piece of legislation. Partisan means having a bill that is handled only by Democrats or only by Republicans. Partisan legislation often triggers a reaction from the legislators of the other party which may result in their denying support of the bill. Thus, the profesion may choose a bi-partisan bill that seeks support from both parties. The profession may also choose, as sponsor of the bill, a legislator in a power position such as committee chair and/or someone with bi-partisan support.

Most bills must be processed through various committees (e.g., Sunrise/Sunset Review Committee, Calendar Committee) prior to being placed on the floor for debate. Since these committees and their roles differ from state to state, the profession may need to research the committees within their states and the impact these committees might have on the certification or licensure bill. By knowing the rules and procedures for handling and passing a bill, the profession may determine the strategic place to spend their time to ensure the bill is placed on the floor for debate. Again, this is a point at which the lobbyist's expertise may be indispensable since a professional lobbyist who understands the political process can recognize when legislators are "sitting" on a bill. Those not familiar with the legislative process can be "run around the table." The professional who understands this process and/or the profession utilizing a professional lobbyist, may be able to recognize this "game" through experience and, thus, protect their bill from being "killed."

The Tennessee politicians interviewed expressed a positive attitude towards professionals coming into their office and asking for support on a bill. Furthermore, politicians indicated a vulnerable feeling when constituents demand legislative support. For example, if a voter from their district comes into the office and asks for support on a bill, it makes it extremely difficult to turn them down because it becomes personal. Thus, if therapeutic recreation professionals are interested in gaining support for their bills, there needs to be a planned tactic that includes support from the general public and from local practitioners on behalf of the bill.

Summary

It is evident that the political process and credentialing are inter-meshed. If credentialing continues to be a major issue, then practitioners, educators, and leaders in therapeutic recreation must strive to become more politically astute. It may be advantageous to hire a professional lobbyist who is already aware of the "political games." If the profession cannot afford a professional lobbyist, they may need to become aware of the more detailed aspects of the political process, e.g., rules and procedures for the House of Representatives, Senate, and appropriate committees.

The Therapeutic Recreation profession needs to become proactive rather than reactive in these legislative endeavors. A communication network may need to be developed and utilized within each state to promote not only credentialing legislation, but also legislation concerning other issues relevant to therapeutic recreation. In addition, a plan of action that includes the promotion of involvement by local practitioners and the general public in the legislators' districts might be developed for "selling" the proposed bill to the legislators. In seeking credentialing legislation, the professional group must consider the entire political process and the dilemmas that the process may pose.

References

Aries, J.E. Registration? certification? licensing? which one for recreation? Journal of the New York State Recreation and Park Society, March 1970, 2(2), 11.

Gilb, C.L. Hidden Hierarchies. New York; Harper and Row, 1966.

Hardcastle, D.A. Public regulation of social work. Social Work, January 1977, 22(1), 14-20.

State Legislators. Tennessee General Assembly, Nashville, Tennessee. Interview, 6 February 1981.

Illinois Parks and Recreation 30 November/December 1981