State Licensing Boards

[Vandalia]

The jurisdiction and powers of state licensing boards have come under legal scrutiny ever since a 2015 Supreme Court decision that ruled that these boards could be sued under federal antitrust laws for "restraint of trade." Basically, the Supreme Court said that licensing boards actually have to protect the public, they can't exist simply to serve as a cartel to enhance the economic interests of the profession they supervise. (I believe the original case decided that the NC dental board could not prohibit other professionals from doing teeth-whitening; there was no public safety interest, the only thing in-play was the economic interest of dentists.)

Several congress-critters have introduced a law to provide options for states to address the issues that the Supreme Court decision identified. Rather than copy a great deal of text to this post, you can read the linked article. (There appears to be no pay-wall.)

Congress takes on the occupational licensing cartels – Orange County Register

As we probably all know, the issue of licensing boards for the individual healthcare professions is becoming more relevant as the distinctions between professions are breached. I have a hunch that this is going to become significant in the near future. However, I have no idea how this will actually play out with respect to physicians. I can imagine several different scenarios. This may become significant - or it may just be of academic interest to lawyers. My crystal ball is broken.

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[Birdstrike]

Seems PAs and NP could use this an opening to push for more encroachment upon what physicians view as their ‘territory.’ Seems people without specialty certifications could also exploit this if they chose to, claiming the boards are unfairly restricting them. I’m not sure, but I am sure it will make some money for some lawyers who attempt to explore these avenues.


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[Vandalia]

That was my initial thought. However, if licensing boards have to justify their actions to the courts based on public safety then it may help to staunch the trend. Right now, licensing boards can do whatever they want. However, if this bill passes and the courts get involved, then it becomes a battle of the experts, as opposed to a battle of the lobbyists.

 

[Birdstrike]

That was my initial thought. However, if licensing boards have to justify their actions to the courts based on public safety then it may help to staunch the trend. Right now, licensing boards can do whatever they want. However, if this bill passes and the courts get involved, then it becomes a battle of the experts, as opposed to a battle of the lobbyists.

It's definitely worth keeping an eye on.

 

[gro2001]

Not a lawyer, and also without the benefit of a crystal ball. However, I am cautiously optimistic about this. I can see this being helpful to physicians. Making it easier to move states and moonlighting in a neighboring state could be good.