90 likes | 191 Views
OPT 8560 Public Health. PROFESSIONAL LICENSURE W. Howard McAlister, O.D., M.P.H. I. The concept of licensure embraces the following components:. The grant of monopoly or partial monopoly to a group of individuals for the purpose of either performing certain acts or using a given title.
E N D
OPT 8560 Public Health PROFESSIONAL LICENSURE W. Howard McAlister, O.D., M.P.H.
I. The concept of licensure embraces the following components: • The grant of monopoly or partial monopoly to a group of individuals for the purpose of either performing certain acts or using a given title. • A means whereby the licensee is determined by the state to be qualified to perform the acts for which he is given a monopoly or the right to use a certain title or designation. • A means whereby the state for “good cause” can withdraw the grant of the monopoly from a particular individual. The first optometry law was passed in Minnesota in 1901 and was ended with D.C. in 1924.
II. Origin of licensure is to protect the public, not benefit the licensee. • Traditionally boards made up of the professionals concerned, picked by the governor from a list proposed by the state association. • Tremendous chance for conflict of interest. • Many states now have consumer on the board.
Medical exemption in state laws as a compromise to get optometry laws passed. • Thus O.D.’s don’t have a “complete monopoly.” • All health professions have a “limited license to practice medicine.” Important point: Malpractice only covers what you are licensed to do.
C. Obtaining a license • Via exams. • a. States require NBEO or accept NBEO in addition to oral, written and/or practical exams of their own. • b. Though they may require or accept NBEO’s, they don’t necessarily accept NBEO pass/failure standards.
2. Via Reciprocity or Endorsement • a. Most states have provision in their law for reciprocity and or endorsement • b. Excuses such as “other states don’t have as stringent standards” commonly used. • c. In reality it gives board more control over who they do and don’t let into their state. • 3. Move toward national licensure?
D. Revoking license 1. Rarely done 2. Traditional reasons a. Incompetency b. Inefficiency
c. Gross immorality – examples: • Colorado – An O.D. had a 14-year-old female patient strip from the waist up and shined a pen light on her breasts as a part of the eye exam. • Texas – An O.D. removed patient’s Rx, stomped on it, and then refused to help her despite 20/400 V.A. after patient refused to pay the exam fee. • d. Advertising is unlikely to be successfully used since the United States Supreme Court ruling in Bates versus State Bar of Arizona.
3. National Practitioner Data Bank 4. Credentialing a. Prime source verification