Scope of Practice

Why Professional Regulation Laws Vary from State to State

Why do medical assisting laws vary—sometimes greatly—from state to state? Some may even argue that it would make more sense—and be better public policy—for the U.S. Congress to enact laws for each regulated profession that are nationally applicable and consistently interpreted in all U.S. jurisdictions.

However, even though national regulation of the professions has great intuitive appeal, the plain language of the U.S. Constitution would make broad federal regulation of the professions unconstitutional.

In the 2023 January/February Public Affairs article, “Why Professional Regulation Laws Vary from State to State,” I further expand on the reasons professional regulation laws vary across the nation. Read the article to learn more about how the Tenth Amendment limits laws governing professions, why the Medicare and Medicaid Electronic Health Record Incentive Programs were constitutional, how state licensing laws can become more uniform, and more.

The full article is available via the “Public Affairs Articles” webpage.  

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