Professional Licensing • What function does licensing serves? • Status • Market exclusion • State sanctioned monopolies • Quality control • Protection of public health • Increase cost of entry
Physician Licensure • MD • DO • Board Certification, not required • Distinguish from credentialing
State v. Miller • What are the facts of this case? • Charged with practicing medicine without a license • Defendant claims he never held himself out as a doctor • He did, however, let customers believe he could diagnose and cure ailments • Routinely prescribed and furnished medicines
Unlicensed Practice of Medicine • Criminal • Defining Medical Practice • If you tell me you have a headache and I tell you to take 2 aspirins, am I engaged in the unauthorized practice of medicine? • Is their a constitutional right to provide care? • Are patient’s constitutionally permitted to obtain medical care from anyone, even non-licensed persons?
Other Health Care Professionals • Midwifery • Nurses • Physician Assistants • Telemedicine
Modi v. West Virginia Board of Medicine • What are the facts of this case? • What issues are raised by the doctor in this appeal of the Board’s action? • What does the court hold?