Medical Licensure: Not a Guarantee to Medical Competence or Professionalism

Jul 18, 2013 by

Acquiring a medical license in the United States is one rigorous process due to the predetermined credentials applicants need to hurdle for years and prove achievement of, such as completion of medical studies, postgraduate training and making it through the national medical licensing examination. And, after obtaining a license, maintaining it through faultless health care practice will prove to be equally, if not much more, demanding.

A medical license establishes the required minimum competency – a factor that will determine whether a physician is qualified to diagnose and treat patients. In the US, medical practice is subject under state regulations, thus, the granting of license is often entrusted to the state’s medical licensing board which, in turn, is subject to that same state’s administrative procedure acts. This state authority is rooted on the United States Constitution’s 10th Amendment, which empowers the state to create laws and policies that will protect the health, safety and general welfare of its residents.

Besides granting medical license, the state’s medical licensing board is also responsible for reviewing and investigating complaints filed against physicians (on matters concerning malpractice, incompetence or unprofessional conduct), disciplining those who violate the law, conducting evaluations and facilitating rehabilitation of physicians if necessitated. Such control envelops the medical profession due to the possible harm it may cause an individual in case an incompetent or impaired physician is licensed to practice. It is, therefore, important that only those who qualify under the state’s predetermined qualifications are given the license to practice medicine in that state.

Despite the rigorous requirements and policies of state medical boards, many doctors are still found guilty of violating the medical board laws. Some states are experiencing an increase in matters concerning standard of care, non-therapeutic prescribing, chemical dependency, sexual boundary violations, failure to maintain adequate charts and records. All these render a physician’s medical license in danger of being suspended, revoked or held in probation. At this point, the wisest move a physician can make is to seek assistance from a lawyer highly-tested and competent in health laws established and regulated in his/her own state, as well as on the stipulations of his/her state’s Medical Board.

Save your license and continue practicing the profession you have always dreamed of. All it takes, when in danger of losing the license you have painstakingly acquired, is seek and retain a medical license lawyer; make sure though, that the one you hire is highly competent.

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Board of Nursing Overview

Jul 3, 2013 by

Nursing skills are invaluable to the healthcare of a nation, but must also be regulated in order to prove that they have met standards in order to serve and protect the public’s health. The US requires nurses to acquire licenses in order to legally practice. According to the National Council of State Boards of Nursing (NCSBN), nurses make up the second largest group of licensed professionals in the US.

Nursing licenses are issued by state boards of nursing, or BONs, which are overseen by the NCSBN. These BONs review license applications, issue and renew licenses, and discipline licensed individuals who have committed a legal violation.

In the event of a violation, a BON has the power to give warnings, order probation, restrict a nurse’s practice, suspend practice, or revoke a nurse’s license. The Leichter Law Firm notes that licenses are most often revoked because of criminal conviction, malpractice, and fraud.

Otherwise, nurses are required to renew their licenses every few years in order to keep personal information up to date and to prove continued compliance with standards of practice. In most states the renewal rate is every two years, and nurses who continue to practice without a renewed license are subject to disciplinary actions and a separate process for reinstating a lapsed license, as outlined by the BON.

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