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Are the podiatry licensing boards in the US 'illegal'?

Discussion in 'USA' started by Craig Payne, Mar 28, 2015.

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  1. Craig Payne

    Craig Payne Moderator

    Articles:
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    I was just reading this article:
    Supreme Court ruling puts state regulatory boards in crosshairs
    That reported:
    My understanding is that in the US, all licensing or regulatory boards are made up of a majority of podiatrists ....
     
  2. rdp1210

    rdp1210 Active Member

    These are some good questions, Craig.

    However if we start looking at the licensing boards, I think you will find that they have strict rules they have to abide to in determining qualifications for a license. I know when I entered practice in 1979, part of the licensing exam was an oral interview. I don't think that this would fly today, and in the other two states that I have held licenses in, the qualifications were strictly objective, based only on examination scores. Most of the states accept Part III of the National Podiatry Examiners Board test as qualification for exam. Some states have additional requirements including number of CME hours, and education in other medical/psychological/social/legal issues that may affect the practitioner in one way or another. If you applied for a U.S. state license, I believe that you would have a difficult time in argueing that it is a way of restraining trade and not a public protection. On the other hand, business licenses in localities may be very affected by those wishing for restraint of trade.

    Some have argued in the US that there should be just a national license, but then you end up back on the doorsteps of the Constitution as to what is a state right. See Amendment 10 to the Constitution. I don't think we will need to add a medical licensing amendment to the US Constitution. There is an organization in the states called the Federation of Podatric Medical Boards to that has representation on the National Board of Podiatric Medical Examiners and also the Council on Podiatric Medical Education. They function more to keep state boards in contact with each other, and also to help the education and examining arms to know what needs to be taught for licensing.

    I realize each country is different, and this system may not be the ideal system, but it's going to have to do here until the US Constitution is re-amended.

    Have a good day
    Daryl
     
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