This website features a collection of links to outside resources, many of which were cited in The Captured Economy, for readers interested in learning more about regressive regulation.
To filter the reference library by topic, please use the links on a topic page or open this page on a full-size screen and use the provided menu.
John Marshall Law Review
2021
Personal appearance professionals in the United States — such as barbers, cosmetologists, and manicurists — must typically be licensed. These licensing requirements vary from state to state, and they are…
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Educational Measurement: Issues and Practice
July 23, 2020
The COVID‐19 pandemic wreaked havoc on the world economy as shelter‐in‐place regulations forced individuals to stay at and work from home. Brick and mortar testing centers, whether run as part…
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The Journal of Law and Economics
February 2014
Occupational licensing laws have been relaxed in a large number of U.S. states to give nurse practitioners the ability to perform more tasks without the supervision of medical doctors. We…
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Barton Associates
All PAs must practice with a collaborating physician; however, state laws dictate the extent of that relationship. This interactive guide provides an overview of PA scope of practice laws by…
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Health Affairs
2018
In 2005 the United States spent $6,401 per capita on health care-more than double the per capita spending in the median Organization for Economic Cooperation and Development (OECD) country. Between…
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Department of Veteran Affairs
2015
The Department of Veterans Affairs (VA) is amending its medical regulations to permit full practice authority of three roles of VA advanced practice registered nurses (APRN) when they are acting…
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Pew Health Professions Commission
December 1995
” Pew Health Professions Commission endorses the need to reform the regulatory system, the general vision articulated by the Taskforce on the future of the system, and the invitation to…
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Federation of State Medical Boards
2005
“The Federation of State Medical Boards (the Federation) is a national non-profit association whose membership includes all medical licensing and disciplinary boards in the United States, and the U.S. territories….
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Women's Health Issues
June 2016
“Despite research indicating that health, cost, and quality of care outcomes in midwife-led maternity care are comparable with and in some case preferable to those for patients with physician-led care,…
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Wisconsin Occupational Licensing Study Legislative Report
December 2018
Wisconsin issues four different types of credentials, which are: licenses, certificates, registrations, and permits. All types collectively are commonly referred to as credentials. For the purposes of this report, the…
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ndp analytics
December 2014
The objective of this report is to detail the health, safety and economic contributions of the professional beauty industry and the critical role professional beauty licensing plays in protecting those…
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Arkansas Center for Research in Economics
February 2019
Arkansas policy makers are aware of their state’s high criminal recidivism rates (the percentage of released prisoners that reoffend). The criminal justice reforms in Arkansas have also indicated that policy…
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American Association of Nurse Practitioners
January 28, 2018
The American Association of Nurse Practitioners® (AANP) released both the new national nurse practitioner (NP) count and findings from its 2018 National Nurse Practitioner Sample Survey. As of January, a…
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National Council on Teacher Quality
February 2019
In A Fair Chance: Simple steps to strengthen and diversify the teacher workforce, NCTQ analysis reveals both astonishingly high numbers of elementary teacher candidates failing their professional licensing tests each…
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The Harris Poll
May 28, 2019
Our aim in conducting the State Medical Boards Awareness Study was to measure national awareness of state medical boards, as well as gain insights on Americans’ experiences with, and responses…
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Arkansas Center for Research in Economics
October 2018
Political leadership from the governor was one of the strongest factors influencing whether or not licensing was reformed. Governors accomplished this in a myriad of ways. Both Michigan Governor Rick…
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PLOS One
February 3, 2016
Little information exists on U.S. physicians who have been disciplined with licensure or restriction-of-clinical-privileges actions or have had malpractice payments because of sexual misconduct. Our objectives were to: (1) determine…
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Westat
November 16, 2015
“This project explored the effects of nurse practitioner (NP) scope of practice (SOP) legislation on the distribution and practice patterns of NPs as well as their billing practices. The goal…
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Journal of Health Economics
March 2018
Many states allow nurse practitioners (NPs) to practice and prescribe drugs without physician oversight, increasing the number of autonomous primary care providers. We estimate the causal impact of NP independence…
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Journal of Health Economics
January 2014
Nurse practitioners (NPs) and physician assistants (PAs) now outnumber family practice doctors in the United States and are the principal providers of primary care to many communities. Recent growth of…
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Nursing Outlook
December 2013
It is widely recognized that there is significant state-level variation in scope-of-practice regulations (SSoPRs) for nurse practitioners (NPs). This study was designed to examine whether SSoPRs influence labor markets for…
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Nursing Research and Practice
November 2012
Nurse practitioners have become an increasingly important part of the US medical workforce as they have gained greater practice authority through state-level regulatory changes. This study investigates one labor market…
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Contemporary Economic Policy
October 23, 2018
There has been a dramatic increase in the authority granted to nurse practitioners (NP) and physician assistants (PA). This “expanded” authority has changed who can provide health‐care services and has…
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Nursing Outlook
December 2014
Strengthening health care overall is essential to the health of our nation and promoting access to health care as well as controlling health care costs in a quality cost-effective manner….
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Health Affairs
July 2013
“The use of nurse practitioners (NPs) is one way to address the shortage of physician primary care providers. NP training programs and the number of practicing NPs have increased in…
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Health Affairs
January 2015
Community health centers are at the forefront of ambulatory care practices in their use of nonphysician clinicians and team-based primary care. We examined medical staffing patterns, the contributions of different…
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Journal of Law and Economics
May 2016
Occupational licensing laws have been relaxed in a large number of US states to give nurse practitioners the ability to perform more tasks without the super-vision of medical doctors. We…
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International Journal of Health Care Finance and Economics
December 2004
This paper considers how the decision to enter advanced practice nursing (e.g., the occupations of nurse practitioner, certified nurse-midwife, nurse anesthetist, and clinical nurse specialist) is affected by State laws…
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Medical Care
January 2016
“Little is known about the geographic distribution of the overall primary care workforce that includes both physician and nonphysician clinicians–particularly in areas with restrictive nurse practitioner scope-of-practice laws and where…
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Rand Corporation
2016
“Policymakers and clinicians are concerned that future growth in demand for health care services will exceed current provider supply. One potential solution to meeting this demand is expanding the number…
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Journal of Nursing Regulation
January 2018
“Access to quality primary care is challenging for rural populations and individuals residing in primary care health professional shortage areas (HPSAs). The ability of nurse practitioners (NPs) to provide full…
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Journal of Health Economics
2017
The provision of health care to low-income Americans remains an ongoing policy challenge. In this paper, I examine how important changes to occupational licensing laws for nurse practitioners and physician…
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Journal of Health Economics
2014
Nurse practitioners (NPs) and physician assistants (PAs) now outnumber family practice doctors in the United States and are the principal providers of primary care to many communities. Recent growth of…
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The Commonwealth Fund
October 8, 2015
This analysis draws upon data from the Organization for Economic Cooperation and Development and other cross-national analyses to compare health care spending, supply, utilization, prices, and health outcomes across 13…
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Health Services Research
June 2004
The summary goes here Douglas W Roblin, David H Howard, Edmund R Becker, E Kathleen Adams, and Melissa H Roberts Health Services Research June 2004 External Link
Medical Care Research and Review
September 2017
State scope of practice (SoP) laws impose significant restrictions on the services that a nurse practitioner (NP) may provide in some states, yet evidence about SoP limitations on the quality…
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Medical Care Research and Review
January 2017
Patients can hold physicians directly or vicariously liable for the malpractice of nurse practitioners under their supervision. Restrictive scope-of-practice laws governing nurse practitioners can ease patients’ legal burdens in establishing…
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Administrative Law Review Accord
April 2019
Public choice theory has long been the dominant lens through which economists and other scholars have viewed occupational licensing. According to the public choice account, practitioners favor licensing because they…
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Mercatus Center
July 2017
The increased use of nurse practitioners (NPs) and physician assistants (PAs) represents an important option for increasing access to healthcare. I explore the effect of two types of laws on…
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Journal of Health Economics
October 2016
The demand for health care and healthcare professionals is predicted to grow significantly over the next decade. Securing an adequate health care workforce is of primary importance to ensure the…
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Health Affairs
September 2011
Higher health care prices in the United States are a key reason that the nation’s health spending is so much higher than that of other countries. Our study compared physicians’…
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March 2014
This policy paper builds on FTC staff competition advocacy comments that focus on proposed state-level changes to statutes and rules governing the “scope of practice” of Advanced Practice Registered Nurses…
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British Journal Industrial Relations
July 2010
The issue of occupational regulation has been of academic interest from Adam Smith to Milton Friedman (Friedman 1962; Smith 1937). In Western democracies, the number of workers who are required…
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Journal of the American Medical Association
2018
In this issue of JAMA, Papanicolas and colleagues compared health care spending in the United States with health care spending in a select group of 10 of the highest-income countries…
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Nursing Outlook
March 2017
Retail clinics are largely staffed by nurse practitioners (NPs) and are a popular destination for nonemergent care. We examined if there was a relationship between NP practice regulations and retail…
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Nursing Outloolkl
February 2016
One proposed strategy to expand primary care capacity is to use nurse practitioners (NPs) more effectively in health care delivery. However, the ability of NPs to provide care to the…
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Rand Corporation
2018
The costs of primary care have been rising and access to it may become limited because of a possible shortage in primary care physicians. Some state governments have addressed this…
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Journal of Health Politics, Policy and Law
Summer 1980
Licensing of the health professions is an issue of public policy which has been under fire for years. Economists argue that licensing stifles competition and increases health care costs. Manpower…
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Industrial Relations
September 1982
This note measures the effect on migration patterns of current state occupational licensing. The alternative system against which the existing system is measured is one in which persons who are…
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Journal of Bone and Joint Surgery
September 2006
Despite the inherent advantages of peer review, the record of self-enforcement among physicians has been poor. Failures have been attributed to plausible factors, including protective self-interest, a misdirected sense of…
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Urban Institute
July 19, 2006
State Medical Boards that license and discipline physicians play an important and insufficiently studied role in medical quality assurance. Only Boards can limit or remove a physician’s license to practice,…
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Physician Executive
March 2005
Both the Federation [of State Medical Boards] and the American Medical Association offer guidelines on how to deal with ethical behavior issues, but no one entity oversees or mandates how…
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Econ Journal Watch
August 2004
In the United States, state level boards dictate rules for physician licensure and discipline. Would-be physicians must complete an approved medical training program and pass a standardized test. Scope of-practice…
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JAMA Internal Medicine
March 22, 2004
Board certification was associated with a lower risk of discipline ([odds ratio] OR, 0.45; P
The Milbank Quarterly
December 26, 2001
As recently as the late 1960s, most licensure boards were composed of individuals appointed or nominated by medical societies. Only slowly did judicial supervision and legislative control transform licensure boards…
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JAMA
June 17, 1998
Disciplined physicians were more likely to practice in psychiatry, child psychiatry, obstetrics and gynecology, and family and general practice than nondisciplined physicians and were older than the national physician population,…
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JAMA
June 17, 1998
State medical boards discipline several thousand physicians each year. Although certain subgroups, such as those disciplined for malpractice, substance use, or sexual abuse, have been studied, little is known about…
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The PEW Charitable Trusts
December 1995
Current statutes grant broad, near-exclusive scopes of practice to a few professions and “carved-out” scopes for the remaining professions. These laws erect unreasonable barriers to high-quality and affordable care.The need…
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Southern Economic Journal
January 1989
This study explores the effects of public licensing board members on legislative regulatory reforms. It represents the first such study that looks across states and across occupations. Public members were…
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Cato Institute Policy Analysis
December 9, 1986
The generally stated purpose for licensing and the primary justification for this use of the police power of the state is to ensure quality in services offered to the public….
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Wisconsin Medical Journal
December 2006
Public reports ranking physician competence and quality often yield conflicting results and create confusion. Bivariate Pearson correlation analyses were performed to compare states’ rankings of physician discipline and physician quality,…
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The Journal of Law and Economics
April 1978
Empowered by the state legislatures and aligned with the profession they oversee, dental licensing boards inhibit competition through restrictive licensing practices. In the manner of a cartel, most boards have…
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National Conference of State Legislators
2017
State policymakers play an important role in setting licensure policy and are at the heart of many efforts to strike the right balance needed to protect consumers and promote economic…
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Troy University
2014
Occupational licensing undermines consumer sovereignty and restricts occupational freedom in Alabama. Professional groups use the goal of protecting consumers from unqualified practitioners as cover to restrict access into the profession…
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Journal of Allied Health
2002
Health services professionals are confronting the challenge of maintaining and improving competence over the course of lengthy careers in diverse practice specialties. This article reviews the efforts of a selection…
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Encyclopedia of Law and Economics
1999
Self-regulation encompasses a wide range of arrangements, from private ordering without resort to legal rules to state-enforced systems of delegated rules. Transaction cost analysis has been used to explain how…
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Canadian Journal of Counselling
1998
The purpose of this article is to examine important elements of the decision of whether and how counselling should be regulated by statute. First, the current status of certification, registration,…
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The Federation of State Medical Boards
1994
A recent article in the Federation Bulletin by Shirley Svorny, comparing certification with licensure, suggests that medical licensure does not benefit consumers but, instead, serves the interests of physicians by…
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Health Matrix
1993
State medical licensure boards are widely, if dimly, perceived as the keepers of the gate of the medical profession. When patients or their advocates are aggrieved by physicians, they sometimes…
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Federal Trade Commission
1990
This paper examines the costs and benefits of occupational regulation. Over 800 occupations arc licensed by at least one of the fifty states. When properly designed and administered, occupational licensing…
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William and Mary Law Review
1983
The movement toward increased regulation of the professions continues. As states impose new requirements, legal challenges will follow. This Article advocates that states use caution and restraint in evaluating the…
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University of Chicago Law Review
1983
State licensing boards perform the important government function of regulating professions, but there is a concern that these boards can be captured by interest groups and pursue private, anticompetitive ends….
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Journal of Antitrust Enforcement
2015
Those concerned with restrictions on innovative technologies and business models often decry the stultifying effects of a ‘Mother, May I?’ approach, whereby the innovator needs government permission to enter a…
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Regulation, Spring 2015, pp. 26-29
Spring 2015
Instead of vetting physicians, the licensing apparatus provides an avenue for professional influence that has been used to restrict entry, limit competition, and preclude innovation in the provision of health…
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Alabama Policy Institute
March 6, 2018
An occupational license is essentially a government permission slip to do certain work. In Alabama, before one can become a hair braider, cosmetologist, shampooer, massage therapist, auctioneer, pest control worker,…
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Mercatus Center
February 28, 2018
A 2017 study by the Institute for Justice (IJ) examined occupational licensure laws for 102 lower-income occupations and found that Michigan requires a license for 49 of them. Obtaining a…
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California Law Review
January 24, 2018
The dark side of occupational licensing—its tendency to raise prices to consumers with dubious effects on service quality, its enormous payout to licensees, and its ability to shut many willing…
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NBER
December 2017
The length of time from the implementation of an occupational licensing statute (i.e., licensing duration) may matter in influencing labor market outcomes. Adding to or raising the entry barriers are…
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Regulatory Transparency Project
November 13, 2017
[T]he purported benefits of occupational licensing requirements — particularly those imposed by active market participants — often fail to come to fruition in practice. This is not entirely surprising, given…
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Regulatory Transparency Project
November 7, 2017
The authors note that while they may have missed some examples, especially since there is no single authoritative source on de-licensing, it is clear that de-licensing is uncommon, hard to…
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Mercatus Center
November 3, 2017
Licensure is not the only or the most effective way to ensure quality. While occupational licensure is intended to protect consumers from harm, there are many other less-burdensome mechanisms to…
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Sexual Abuse: A Journal of Research and Treatment
June 19, 2017
As noted in our introduction, it was often difficult or impossible to obtain data on cases of sexual abuse in medicine. States should make board documents open access. Several states…
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Migration Policy Institute
December 2016
While the United States has long been a top destination for the world’s best and brightest, it has fallen short when it comes to fully tapping the skills and training…
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American Institutes for Research
August 30, 2016
As a type of occupational regulation, licensure is intended to protect the public by ensuring that practitioners possess the required knowledge and skills to safely perform their craft. Unlike certifications,…
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Education Resources Information Center
1969
This monograph presents the results of an Educational Testing Service study, studies by the Council of State Governments, and research by the Department of Labor staff on State occupational license…
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Institute for Justice
March 2015
Dental Examiners, moreover, calls for more than a fig leaf of bureaucratic supervision. Superficial reforms will leave states open to considerable legal uncertainty, as the Supreme Court has not clearly…
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Reason Foundation
May 22, 2014
It has been a longstanding practice in America for governments to give private entities made up of professionals in an industry the authority to regulate the profession (e.g., state bar…
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University of Pennsylvania Law Review
April 2014
We contend that the state action doctrine should not prevent antitrust suits against state licensing boards that are comprised of private competitors deputized to regulate and to outright exclude their…
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Labour Economics 25 (2013): 141–52
December 2013
Entry into licensed professions requires meeting competency requirements, typically assessed through licensing examinations. This paper explores whether the number of individuals attempting to enter a profession (potential supply) affects the…
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Cato Institute
October 20, 2011
State board sanctions do not appear to be a crucial tool for identifying negligent or incompetent physicians. Medical malpractice underwriters know substantially more about physicians at any point in time…
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Hospital Topics
December 2, 2010
The accountabilities and operations of state medical boards can have significant implications for hospitals and health systems in terms of their efforts to ensure quality care and patient safety. This…
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Citizen Advocacy Center
July 2009
There are many more examples of ways in which public members can strengthen their boards by raising issues and concerns and introducing agenda items that licensee members are unlikely to…
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Cato Institute Policy Analysis
September 17, 2008
I argue here that licensure not only fails to protect consumers from incompetent physicians, but, by raising barriers to entry, makes health care more expensive and less accessible. Institutional oversight…
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Reason Foundation
April 1, 2008
Thus, allow me to suggest a couple of “second-best” options that may have a better chance of making a more immediate impact.First, conduct periodic occupational licensing reviews. In addition to…
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Boston University Public Interest Law Journal
February 2008
Only a small segment of the physician population has been formally disciplined. According to a 1999 Institute of Medicine report, those sanctioned are health care professionals who “may be incompetent,…
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