Colegios in Puerto Rico are protecting themselves, not the public

Let's start breaking down the doors of the colegio closed shops

Above image created with ChatGPT.

SB6 in Puerto Rico awaits Jenniffer González-Colón’s signature. The bill would implement a weak form of universal recognition on the island, requiring licensing boards to recognize licenses from US states that are deemed to be “substantially similar.” See my previous post on universal recognition for additional information.

In the mean time, licensing boards are voicing their opposition. First it was the real estate lobby. My friend Steve Slivinski wrote an outstanding response to their arguments. I won’t duplicate his excellent work, but would instead direct interested readers to check out the piece.

Now it is the architects and interior designers that are crying foul. Let’s consider two important points.

First, interior designer licensing is absurd. Nevada, Louisiana, and Washington, D.C are the only other US states and jurisdictions that require interior designers to obtain a license to work. Florida eliminated interior design licensing in 2020. Alabama began to require licensing for the profession in 2001, but the law was subsequently determined to be unconstitutional in 2004.

There will not be many licensed interior designers taking advantage of this reform because there are not a lot of other states that license the profession. Puerto Rico, along with the three other states and jurisdictions that license this profession, should de-license interior designers. It is not the right regulatory tool. Many other states use a titling or certification law, but even that approach is overly burdensome. These laws make it illegal for individuals to use titles like “registered interior designer” or even “interior designer” with no adjective, but anyone is permitted to do the work of interior design. Private certification for the profession, with no police powers from the state regulating titles, would be a sufficient regulatory tool.

Second, Puerto Rico is unique in that it mandates that aspiring workers join the corresponding colegio for approximately 20 professions. Colegios are identical to professional associations on the mainland. So architects must be members of the architect colegio (CAAPPR) to legally work. Interior designers have to join the CODDI. Is the concern really about public safety, or is the real concern that this reform might undermine the “closed shop” system of licensing that dominates the landscape of Puerto Rico?

This is not required anywhere else in the US— there is no legal requirement for licensed professionals to contribute dues and join the corresponding professional association. This system has been challenged in Puerto Rico’s court system and has been generally found to be unconstitutional.

Colegios may fear that some of the power that they wield will be eroded by professionals entering Puerto Rico with licenses obtained from other states. Newly licensed professionals may openly question and reject the notion of mandatory membership. Of course, the arrangement is likely unconstitutional and should not exist in the first place. And the arrangement only benefits the professional associations, there is no benefit whatsoever to consumers from requiring professionals to join the collegio corresponding with the profession of the licensee.

In summary, the complaints from the architect and interior design lobbies are equally as bad, if not worse, than previous complaints from Puerto Rico’s real estate lobby. Consumers have nothing to fear from universal recognition coming to Puerto Rico. Instead, the medieval-style guilds on the Island simply fear losing some of their monopoly power. Policymakers should recognize that these complaints are actually a signal that they are doing something beneficial for all Puerto Rico’s citizens. A veto of SB6 would be caving to special interests at the expense of citizens.