Occupational Licensing and Certification: Remedies for Denial
Regardless of these uncertainties, judicial intervention in the internal affairs of professional associations is destined to increase. The present century is widely interpreted as being in the throes of a return to “status” concepts rather than “contract” as the chief means of social integration. The institutions of occupational licensing and the private certification contribute to the resurgence of “status” because they do not focus on contractual relationships. The professional’s ability to perform and the willingness of others to contract with him for the purchase of his services are secondary to the controlling question of status the requirement that a professional possess a state license or a certificate from the appropriate certifying board. Although the idea of wideranging judicial review of the internal affairs of professional associations is novel, it is not an anomaly in an age which emphasizes professional status. Because existing “property” concepts provide scant protection for the individual’s professional status, the necessity for innovative judicial action in the areas of occupational licensing and private certification is certain to increase as our return to status concepts becomes more complete.
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