reference library

/reference library
reference library2018-06-08T14:23:35-07:00

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.

Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals

Daniel Greenberg

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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When Examinees Cannot Test: The Pandemic’s Assault on Certification and Licensure

Michael G. Jodoin and Jonathan D. Rubright

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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Relaxing Occupational Licensing Requirements: Analyzing Wages and Prices for a Medical Service

Morris M. Kleiner, Allison Marier, Kyoung Won Park, and Coady Wing

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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PA Scope of Practice Laws

Barton Associates

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 spending in OECD countries: obtaining value per dollar.

Gerard F. Anderson and Biance K. Frogner

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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Advanced Practice Registered Nurses

Department of Veteran Affairs

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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Reforming Health Care Workforce Regulation

Taskforce on Health Care Workforce Regulation

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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Assessing Scope of Practice in Health Care Delivery: Critical Questions in Assuring Public Access and Safety

Federation of State Medical Boards

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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State Scope of Practice Laws, Nurse-Midwifery Workforce, and Childbirth Procedures and Outcomes.

Tony Yang, Laura Attanasio, and Katy Kozhimannil

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

Wisconsin Department of Safety and Professional Services

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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The Value of Cosmetology Licensing to the Health, Safety, and Economy of America

Nam D. Pham and Anil Sarda

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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Second Chances: The Importance of Occupational Licensing Reform to Arkansas’s Criminal Justice Reform Initiatives

Stephen Slivinski and Thomas Snyder

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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Nurse Practitioner Role Grows to More than 270,000

American Association of Nurse Practitioners

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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A Fair Chance

Hannah Putman and Kate Walsh

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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State Medical Boards Awareness Study

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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Occupational Licensing Reform Across the United States

Marc Kilmer

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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Cross-Sectional Analysis of the 1039 U.S. Physicians Reported to the National Practitioner Data Bank for Sexual Misconduct, 2003–2013

Azza AbuDagga, Sidney M. Wolfe, Michael Carome, and Robert E. Oshel

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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Impact of State Scope of Practice Laws and Other Factors on the Practice and Supply of Primary Care Nurse Practitioners

Westat

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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Nurse practitioner independence, health care utilization, and health outcomes.

Jeff Tracznski and Victoria M. Udalova

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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How does provider supply and regulation influence health care markets? Evidence from nurse practitioners and physician assistants.

Kevin M. Stange

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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The effects of state-level scope-of-practice regulations on the number and growth of nurse practitioners.

Patricia B. Reagan and Pamela Salsberry

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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State-Granted Practice Authority: Do Nurse Practitioners Vote with their Feet?

John J. Perry

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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The Rise and Impact of Nurse Practitioners and Physician Assistants on their own and Cross-Occupation Incomes

John J. Perry

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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Impact of nurse practitioners on health outcomes of Medicare and Medicaid patients.

GM Oliver, L Pennington, S Revella, M Rantz

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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States With The Least Restrictive Regulations Experienced The Largest Increase In Patients Seen By Nurse Practitioners

Yong-Fang Kuo, Figaro L. Loresto Jr., Linda R. Rounds, and James S. Goodwin

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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Community health centers employ diverse staffing patterns, which can provide productivity lessons for medical practices.

Leighton Ku, Bianca K. Frogner, Erika Steinmetz, and Patricia Pittman

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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Relaxing occupational licensing requirements: Analyzing wages and prices for a medical service

Morris M. Kleiner, Allison Marier, Kyoung Won Park, and Coady Wing

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…
Read more

The Effect of State Laws on the Supply of Advanced Practice Nurses

David E. Kalist and Stephen J. Spurr

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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Role of Geography and Nurse Practitioner Scope-of-Practice in Efforts to Expand Primary Care System Capacity: Health Reform and the Primary Care Workforce.

JA Graves, P Mishra, RS Dittus, R Parikh, J Perloff, PI

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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The Impact of Establishing a Full Scope of Practice for Nurse Practitioners in Michigan

Grant R. Martsolf and Ryan Kandrack

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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Full Scope-of-Practice Regulation Is Associated With Higher Supply of Nurse Practitioners in Rural and Primary Care Health Professional Shortage Counties

Yue Ying, Viji Kannan, Elizabeth Greener, Joyce Smith, Judith Brasch, Brent Johnson, Joanne Spetz

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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The effects of expanded nurse practitioner and physician assistant scope of practice on the cost of Medicaid patient care.

Edward J. Timmons

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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How does provider supply and regulation influence health care markets? Evidence from nurse practitioners and physician assistants.

Kevin Strange

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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U.S. Health Care from a Global Perspective

David Squires

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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Use of Midlevel Practitioners to Achieve Labor Cost Savings in the Primary Care Practice of an MCO

Douglas W Roblin, David H Howard, Edmund R Becker, E Kathleen Adams, and Melissa H Roberts

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

Association of State-Level Restrictions in Nurse Practitioner Scope of Practice With the Quality of Primary Care Provided to Medicare Beneficiaries

Jennifer Perloff, Sean Clarke, Catherine M. DesRoches, Monica O’Reilly-Jacob, and Peter Buerhaus

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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The Extraregulatory Effect of Nurse Practitioner Scope-of-Practice Laws on Physician Malpractice Rates

Benjamin J. McMichael, Barbara J. Safriet, and Peter I. Buerhaus

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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Occupational Licensing and the Limits of Public Choice Theory

Ryan Nunn and Gabriel Scheffler

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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Beyond Physicians: The Effect of Licensing and Liability Laws on the Supply of Nurse Practitioners and Physician Assistants

Benjamin J. McMichael

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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Competitive Effects of Scope of Practice Restrictions: Public Health or Public Harm?

Sara Markowitz, E. Kathleen Adams, Mary Jane Lewitt, and Anne Dunlop

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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Higher fees paid to US physicians drive higher spending for physician services compared to other countries.

Miriam Laugesen and Sherry Glied

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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Policy Perspectives: Competition and the Regulation of Advanced Practice Nurses

Federal Trade Commission

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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The Regulation of Occupations

Alex Bryson and Morris M. Kleiner

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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Health Care Spending in the United States Compared With 10 Other High-Income Countries

Howard Bauchner and Phil B. Fontanarosa

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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Growth in retail-based clinics after nurse practitioner scope of practice reform.

J. Margo Brooks Carthon, THerese Sammarco, Darcy Pancir, Jesse Chittams, Kelly Wiltse Nicely

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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Impact of state nurse practitioner scope-of-practice regulation on health care delivery: Systematic review.

Ying Xue, Zhiqiu Ye, Carol Brewer, Joanne Spetz

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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The Impact of Nurse Practitioner Scope-of-Practice Regulations in Primary Care

Aziza Arifkhanova

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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On Professional Power and Conflict of Interest: State Licensing Boards on Trial

Harris S. Cohen

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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Barriers to Labor Migration: The Case of Occupational Licensing

Morris M. Kleiner, Robert S. Gay, and Karen Greene

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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Physician Discipline

Howard B. Yeon, David A. Lovett, David Zurakowski, adn James Herndon

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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State Discipline of Physicians: Assessing State Medical Boards through Case Studies

Randall R. Bovbjergm, Pablo Aliago, and Josephine Gittler

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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Unprofessional Conduct Among Top Problems Nationally

Bill Steiger

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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Licensing Doctors: Do Economists Agree?

Shirley Svorny

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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Characteristics associated with physician discipline: a case-control study

Neal D. Kohatsu, Dawn Gould, Leslie K. Ross, and Patrick J. Fox

JAMA Internal Medicine

March 22, 2004

Board certification was associated with a lower risk of discipline ([odds ratio] OR, 0.45; P

The Role of Regulation in Quality Improvement

Troyen A. Brennan

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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Physicians Disciplined for Sex-Related Offenses

Christine E. Dehlendorf and Sidney M. Wolfe

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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Physicians Disciplined by a State Medical Board

James Morrison and Peter Wickersham

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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Reforming Health Care Workforce Regulation: Policy Considerations for the 21st Century

Leonard Finocchio, Catherine Dower, Theresa McMahon, Christine Gragnola

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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Public Members on Occupational Licensing Boards: Effects on Legislative Regulatory Reforms

Elizabeth Graddy and Michael B. Nichol

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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Professional Licensure and Quality: The Evidence

Stanley J. Gross

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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The state of quality reports: comparing states by their rankings

RG Roberts, D Friedsam, JW Beasley, C Helstad, and DP Moberg

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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Licensing Restrictions and the Cost of Dental Care

Lawrence Shepard

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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The State of Occupational Licensing: Research, State Policies and Trends

NA

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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Reforming Occupational Licensing in Alabama

Daniel J. Smith

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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Continuing Competence in Selected Health Care Professions

Burden S. Lundgren and Clare A. Houseman

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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Self-Regulation

Anthony Ogus

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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Be Careful What You Wish For: Issues in the Statutory Regulation of Counsellors

Mitchell M. Handelsman and Max R. Uhlemann

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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Physician Competency: Are We Doing Enough?

Barbara S. Schneidman

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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Consumers, Complaints, and Professional Discipline: A Look at Medical Licensure Boards

Timothy S. Jost, Linda Mulcahy, Stephen Strasser, and Larry A. Sachs

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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The Costs and Benefits of Occupational Regulation

Carolyn Cox and Susan Foster

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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Constitutional Limitations on State-Imposed Continuing Competency Requirements for Licensed Professionals

Toni M. Massaro and Thomas L. O'Brien

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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Qualified (Immunity) for Licensing Board Service?

Christopher James Marth

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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Brother, may I?: the challenge of competitor control over market entry

Maureen K. Ohlhausen and Gregory P. Luib

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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Beyond Medical Licensure

Shirley V. Svorny

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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The Costs of Occupational Licensing in Alabama

Daniel J. Smith, Courtney Michaluk, David Hall and Alex Kanode

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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The State of Occupational Licensure in Michigan

Patrick McLaughlin, Matthew D. Mitchell, Anne Philpot, and Tamara Winter

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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Foxes at the Henhouse: Occupational Licensing Boards Up Close

Rebecca Haw Allensworth

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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Analyzing the Influence of Occupational Licensing Duration and Grandfathering on Labor Market Outcomes

Suyoun Han and Morris M. Kleiner

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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State Licensing Boards, Antitrust, and Innovation

James C. Cooper, Elyse Dorsey, and Joshua D. Wright

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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Occupational Licensing Run Wild

Dana Berliner, Daniel Greenberg, Paul J. Larkin, Jr, Clark Neily, Ryan Nunn, Jonathan Riches, and Luke A. Wake

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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The Effects of Occupational Licensure on Competition, Consumers, and the Workforce

Patrick McLaughlin, Matthew D. Mitchell, and Anne Philpot

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 Violation of Patients by Physicians: A Mixed-Methods, Exploratory Analysis of 101 Cases

James M. DuBois, Heidi A. Walsh, John T. Chibnall, Emily E. Anderson, Michelle R. Eggers, Mobolaji Fowose, and Hannah Ziobrowski

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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Untapped Talent: The Costs of Brain Waste among Highly Skilled Immigrants in the United States

Jeanne Batalova, Michael Fix, and James D. Bachmeier

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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Examination of Cosmetology Licensing Issues

Kaila M. Simpson, Cheryl Hendrickson, Dwayne Norris, Randy J. Vander Molen, David Vestal, Kathryn Kavanagh, Samantha Lilly, Gauri Rege, and Deeza-Mae Smith

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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Occupational Licensing and the Supply of Nonprofessional Manpower

NA

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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Boards Behaving Badly

Robert Everett Johnson

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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Challenging Government-Sponsored Private Regulation of Competitors

Alexander Volokh

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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Cartels By Another Name: Should Licensed Occupations Face Antitrust Scrutiny?

Aaron Edlin and Rebecca Haw

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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The Impact of Potential Labor Supply on Licensing Exam Difficulty

Mario Pagliero

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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Could Mandatory Caps on Medical Malpractice Damages Harm Consumers?

Shirley Svorny

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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Performance of State Medical Boards: Implications For Hospitals and Health Systems

Michael Leibert

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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Tapping the Full Potential of Public Members: A Tool Kit for Boards and Community-Based Organizations

NA

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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Medical Licensing: An Obstacle to Affordable, Quality Care

Shirley Svorny

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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Occupational Licensing Laws Protect Special Interests, Not the Public: Testimony to the Arizona House Government Committee

Adam Summers

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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Prescribing Justice: The Law and Politics of Discipline for Physician Felony Offenders

Milton Heumann, Brian Pinaire, and Jennifer Lerman

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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