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Joanne98 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-01-09 10:41 AM
Original message
Licensing laws hamper health clinics

From The Porterville Recorder
Posted: 08/29/2009 10:00:00 PM PDT


From The Porterville Recorder

It has been both dismaying and heartwarming to see news of the gigantic free clinic being held at the Forum in Inglewood this month. It is dismaying that so many people, for various reasons, do not have health insurance or feel they couldn't afford proper medical care, to the point that more potential patients showed up than the volunteer doctors, dentists and other health care professionals could handle.

(Sponsoring organization Remote Area Medical Volunteer Corps.) founder Stan Brock says the Los Angeles-area clinic was the first offered in a major metropolitan area. It certainly demonstrated that there is pent-up demand for medical care, especially if it is free of charge. But there are problems that reduce the organization's effectiveness.

"The greatest impediment that we face in giving this type of care - free care," Mr. Brock told Los Angeles Times writer David Lazarus, "is that, for some extraordinary reason that I've never been able to understand, a doctor, dentist or nurse licensed and trained in one state is not allowed to take that license and cross into other states to provide free care for needy and underserved Americans."

The ostensible reason for such restrictive licensing laws is that state governments need to ensure licensing standards are met. Candis Cohen of the Medical Board of California insists that "we don't know how well someone may have been trained in Texas or Alaska or somewhere else.

That is disingenuous at best. Medical licensing, like most forms of occupational licensing, was devised specifically to limit the number of licensed physicians and boost the incomes of practitioners. Setting high hurdles for practitioners from other states - eminent physicians can get temporary licenses if they're at a teaching hospital and ordinary physicians who move here must be requalified to be licensed here - is a form of protectionism. Such protectionism is one of the reasons U.S. health care costs are so high.

There is a good argument that forbidding health practitioners from other states to participate even in charitable events, as is the case in most states (only Tennessee has an "open borders to doctors" law) runs afoul of the interstate-commerce provisions of the Constitution, which was originally intended to prevent state discrimination against interstate commerce and to create, in effect, a free-trade zone within the U.S. It would be interesting to see a challenge to the licensing laws on these grounds.

In the meantime, California should, at the least, pass a law allowing physicians and other health care providers to offer medical services on a charitable basis without undue bureaucratic restrictions at events like the clinic at the Forum. Even better would be to emulate Tennessee and pass an "open borders for doctors" law.

http://www.dailybreeze.com/opinions/ci_13231382

Now we know why doctors can't cross state lines....

"Medical licensing, like most forms of occupational licensing, was devised specifically to limit the number of licensed physicians and boost the incomes of practitioners"

Why can't Obama sign an executive order to temporary open it up?
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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-01-09 11:50 AM
Response to Original message
1. I Wouldn't Trust a Licensed Professional From Another State, Like Texas
unless and until licensing is uniform across the nation, I'll stick to locals licensed by officials accountable to those voters hiring those professionals for service.

Would you trust a doctor out of Alaska, Sarah Palin country? How about Bush Country? Or Kansas, now there's a gem of a state. A leader in healthcare...denial.
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-01-09 12:13 PM
Response to Reply #1
2. Would you trust drivers licensed in other states?
It's a similar issue. States have different standards but the core principles of driver training are national. When you move to a different state the level of testing required before receiving a new license is dependent on the similarity in licensing standards between your old state and your new one. The state can require only a written test, only a road test, or neither. On the other hand,when you visit a state you are allowed to operate under reciprocal agreements.

There's no reason why medical licensing standards can't be set up to mirror that system. Bringing in out-of-state licensed medical personnel for limited period free clinics shouldn't be so onerous.
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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-01-09 02:35 PM
Response to Reply #2
4. Funny You Should Ask That
Edited on Tue Sep-01-09 02:38 PM by Demeter
No, I don't. A foreign license plate (out of state) is the one to watch--they are tourists, they are lost, they learned to drive in totally rural areas, or my favorite, they are from Massachusetts! (I learned to drive in Massachusetts, so I know whereof I speak!)
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-01-09 03:05 PM
Response to Reply #4
7. So you'd be okay with having no driving privileges outside of your own state
unless you went through the whole licensing process again in each state where you wanted to drive, even if you intended to drive for only for a few days?





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kimmylavin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-01-09 01:42 PM
Response to Reply #1
3. But this article is not about you.
Nor doctors moving to other states.

It is about undue restrictions placed on doctors who volunteer their time and talents to take care of others for free, and who must temporarily "set up shop" in another state to do so.

I don't think a single one of the thousands who showed up for badly needed medical care that they couldn't get anywhere else were asking to approve the doctors' out-of-state licenses.
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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-01-09 02:37 PM
Response to Reply #3
5. This is about people without resources being protected from charlatans
Edited on Tue Sep-01-09 02:38 PM by Demeter
Imagine trying to prosecute a malpractice suit on a "volunteer" doctor from some other state. It doesn't bear thinking of. And those are the people the licensing is designed to protect.

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kimmylavin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-01-09 02:53 PM
Response to Reply #5
6. Charlatans?
What in the hell are you talking about?
Those doctors didn't come to California to prey on anyone - they came to provide free health services.
And their status as "volunteers" (I'm not sure why you put that in quotes) doesn't negate the fact that they are medically trained.

Again, though, I'm thinking what was running through the minds of the thousands who were helped was gratitude, not potential malpractice suits.
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