Physicians Irked as FTC Weighs in on Scope-of-Practice Legislation

The Federal Trade Commission's involvement in state scope-of-practice laws for non-physicians is frustrating many physician leaders, who say the regulatory agency does not have the clinical expertise to influence such legislation, according to an American Medical News report.

Since 2011, the FTC has weighed in on proposed clinical practice changes in at least seven states. Recently, in March, the FTC wrote a letter to Connecticut lawmakers supporting a proposal that would eliminate collaborative practice agreements between physicians and advanced practice registered nurses. The agency said striking down the APRN requirement would likely improve access to primary care services and price competition, according to the report.

Steven J. Stack, MD, chair of the American Medical Association Board of Trustees, said the FTC is becoming more aggressive in their attempts to influence lawmakers on scope-of-practice issues. Dr. Stack said discussions about clinical practice qualifications should be left to "clinicians in those states, their legislators and their licensure board," according to the report. He said there is no competence by the FTC to determine who is qualified to practice certain fields of medicine.

FTC spokesperson Frank Dorman said the agency is trying to urge lawmakers to consider the likely competitive effects of proposed legislation. Mr. Dorman said FTC staff comments do not offer advice on appropriate standards for patient care, but rather encourage legislators to carefully consider the available safety evidence and impose restrictions no stricter than those required for patient protection.

More than 250 scope-of-practice bills have been introduced in 47 states so far this year, and physicians expect the FTC to continue weighing in on the proposed legislation, according to the report.

More Articles on the FTC and Healthcare:

5 FTC Challenges to Hospital Mergers: Key Concepts for Today's Antitrust Environment
More Than 1k Mergers Recorded in U.S. Hospital Sector Since 1994
What the FTC's Recent Advisory Opinion on Clinical Integration Means for Hospitals


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