Friday, February 23, 2007 9:14:34 AM
OT professional regulation
On the other hand, there's a significant difference between, say, a medical or law association which has the power and duty to regulate but fails to do so, and a teacher "union" not actively rooting out bad teachers.
It might be worth keeping in mind that the historical origin of medical licensing statutes (and the other licensing statutes that followed, such as law) were initiated by members of the purportedly regulated professions as tools to prevent competition from competitors with training from different disciplines, and restrict entry to market of competitors of all types.
In many places, self-regulating professions still primarily exist as self-regulating bodies for the avoidance of genuine regulation. I have seen the Illinois state bar dismiss without a hearing allegations that in Texas would result in disbarment, for example.
Unions are tasked with representing the interests of members. It would be a conflict of interest to require unions also to advocate against members in the context of quality assurance incidents. As it is, it is challenge enough to advocate the interests of the union while being required to advocate the interests of individual union members; yet the case law on unions' duties makes clear there is an enforceable duty to individual members. Individuals need to keep in mind, though, that those purposes may not necessarily be in alignment with public interests, the interests of individual members, or what have you.
Manadatory bar associations and medical societies, on the other hand, are both enforcement and professional advocates; and one cannot serve zealously two conflicting masters.
Just a thought.
Take care,
--Tex.
On the other hand, there's a significant difference between, say, a medical or law association which has the power and duty to regulate but fails to do so, and a teacher "union" not actively rooting out bad teachers.
It might be worth keeping in mind that the historical origin of medical licensing statutes (and the other licensing statutes that followed, such as law) were initiated by members of the purportedly regulated professions as tools to prevent competition from competitors with training from different disciplines, and restrict entry to market of competitors of all types.
In many places, self-regulating professions still primarily exist as self-regulating bodies for the avoidance of genuine regulation. I have seen the Illinois state bar dismiss without a hearing allegations that in Texas would result in disbarment, for example.
Unions are tasked with representing the interests of members. It would be a conflict of interest to require unions also to advocate against members in the context of quality assurance incidents. As it is, it is challenge enough to advocate the interests of the union while being required to advocate the interests of individual union members; yet the case law on unions' duties makes clear there is an enforceable duty to individual members. Individuals need to keep in mind, though, that those purposes may not necessarily be in alignment with public interests, the interests of individual members, or what have you.
Manadatory bar associations and medical societies, on the other hand, are both enforcement and professional advocates; and one cannot serve zealously two conflicting masters.
Just a thought.
Take care,
--Tex.
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