The Balance Between Public Protection and the Right to Earn a Living

Right touch is relatively new on the regulatory scene and its efficacy remains to be fully demonstrated, particularly outside of the U.K. and in occupations and professions beyond health care. However, right touch principles have the potential to assist licensing officials in finding an effective balance. To apply these principles, right touch requires those adopting regulations to (a) identify the problem before the solution, (b) quantify the risks, (c) get as close to the problem as possible, (d) focus on the outcome (with a specific focus on prioritizing public safety rather than the interests of any particular professional group), (e) use regulation only when necessary, (f) keep it simple, (g) check for unintended consequences, and (h) review and respond to change. In so doing, the goal is to produce regulations that are proportionate to risk, consistent, targeted, transparent, and agile, or perhaps no regulation or only voluntary registration.

Dick M. Carpenter and Lee McGrath

Council on Licensure, Enforcement & Regulation

January 2014

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