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Professional Licensure. 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
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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?