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.

Waste in the US Health Care System: Estimated Costs and Potential for Savings

William H. Shrank, Teresa L. Rogstad, and Natasha Parekh

Journal of the American Medical Association

October 7, 2019

The United States spends more on health care than any other country, with costs approaching 18% of the gross domestic product (GDP). Prior studies estimated that approximately 30% of health…
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Why Are the Prices So Damn High?

Eric Helland and Alexander Tabarrok

Mercatus Center

May 22, 2019

Why are prices in some sectors increasing dramatically even as economy-wide technology and productivity improves? Education and healthcare are notable examples of sectors seemingly stricken by constantly rising prices. Educational…
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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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How States Use Occupational Licensing to Punish Student Loan Defaults

C. Jarrett Dieterle, Shoshana Weissmann, and Garrett Watson

R Street Institute

June 2018

In recent years, college graduates have found themselves increasingly saddled with student loan debt. Even worse, many of these graduates fall behind on that debt sometimes through no fault of…
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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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Relationship Between State Policy and Anesthesia Provider Supply in Rural Communities

Grant R. Martsolf, Matthew Baird, Catherine C. Cohen, and Nirabh Koirala

Medical Care

May 2019

There is a significant geographic variation in anesthesia provider supply. Lower supply in rural communities raises concerns about access to procedures that require anesthesia in rural areas. State policies related…
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A brief history of pharmacist prescribing in the UK

Wasim Baqir, David Miller, and Graeme Richardson

European Journal of Hospital Pharmacy

September 8, 2012

Pharmacists have been prescribing in the UK since 2003, following the success of nurse prescribing. The review of prescribing, supply and administration of medicines (the second Crown Report) in 1999…
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Improving Efficiency in the Health-Care System: Removing Anticompetitive Barriers for Advanced Practice Registered Nurses and Physician Assistants

E. Kathleen Adams and Sara Markowitz

The Hamilton Project

June 2018

In an era characterized by high levels of U.S. health-care spending and inadequate health outcomes, it is vital for policymakers to explore opportunities for enhancing productivity. Important productivity gains could…
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Access to Behavioral Health Care in Michigan

Corwin Rhyan, Ani Turner, Emily Ehrlich, and Christine Stanik

Publication name here

Publication date here

This study provides a comprehensive assessment of access to mental health and substance use disorder (SUD) treatment in Michigan. It identifies current challenges and provides a baseline against which progress…
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Review of State Professional and Occupational Licensure Board Requirements and Processes

Commonwealth of Pennsylvania

June 11, 2018

BPOA worked in coordination with Saint Francis University’s Knee Center for the Study of Occupational Regulation (CSOR) to compile data on regional equivalent professional and occupational licensure. The report found…
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Quality of Primary Care Provided to Medicare Beneficiaries by Nurse Practitioners and Physicians

Peter Buerhaus, Jennfier Perloff, Sean Slarke, Monia O'Reilly-Jacob, Galina Zolotusky, and Catherine DesRoches.

Medical Care

June 2018

Beneficiaries attributed to PCNPs had lower hospital admissions, readmissions, inappropriate emergency department use, and low-value imaging for low back pain. Beneficiaries attributed to PCMDs were more likely than those attributed…
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Expanding Eligibility for Professional and Occupational Licensing for Immigrants

President's Immigration Alliance

September 2019

This report provides an overview of the need to expand professional, business, and commercial licenses (also known as “occupational licenses”) to various work-authorized immigrants. The report provides an overview of…
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An Inclusive Post-COVID Recovery

Michael D. Tanner

Cato Institute

September 15 2020

Whatever one’s opinion of the federal and state government response to the COVID-19 pandemic, the virus and associated “shelter at home” orders clearly had a devastating impact on the U.S….
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Not-so Sweet Home Alabama: How Licensing Holds Back the Yellowhammer State

Edward Timmons and Conor Norris

Archbridge Institute

March 2021

COVID-19 and our response have caused economic disruption, forcing businesses to close and millions to become unemployed. Although we have seen some recovery, the number of people currently unemployed remains…
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Telemedicine & Initiating Buprenorphine Treatment

Bridget C.E. Dooling and Laura E. Stanley

Regulatory Studies Center

23 February 2021

This report concludes that DEA and SAMHSA have the legal authority to extend the flexibilities granted during the COVID-19 public health emergency without additional authorization from Congress. DEA and SAMHSA…
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Does Occupational Licensing Impact Access to Dental Care?

Brian Isom and Jacob M. Caldwell

Center for Growth and Oppurtunity

August 7, 2019

There is a need in the United States for greater access to dental and oral health services. As of 2018, over five thousand three hundred dental Health Professional Shortage Areas…
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Addressing the Nation’s Primary Care Shortage: Advanced Practice Clinicians and Innovative Care Delivery Models

United Health Group

September 2018

Nurse practitioners (NPs), physician assistants (PAs), and certified nurse midwives (CNMs) represent a growing part of the nation’s primary care workforce. These Advanced Practice Clinicians help expand primary care capacity…
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Occupational Licensing and Accountant Quality: Evidence from the 150-Hour Rule

John Manuel Barrios

Becker-Friedman Institute for Research in Economics

May 2018

I examine the effects of mandatory occupational licensure on the quality of Certified Public Accountants (CPAs) using the staggered state-level adoption of the 150-hour Rule (the Rule). Although the Rule…
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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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Options to Enhance Occupational License Portability

Economic Liberty Task Force

Federal Trade Commission

September 2018

Nearly 30 percent of American jobs require a license today, up from less than five percent in the 1950s. For some professions, occupational licensing is necessary to protect the public…
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Impact of Nurse Practitioner Practice Regulations on Rural Population Health Outcomes

Judith Ortiz, Richard Hofler, Angeline Bushy, Yi-ling Lin, Ahmad Khanijahani, and Andrea Bitney

NCBI

June 15, 2018

For decades, U.S. rural areas have experienced shortages of primary care providers. Nurse practitioners (NPs) are helping to reduce that shortage. However, NP scope of practice regulations vary from state-to-state…
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Rural And Nonrural Primary Care Physician Practices Increasingly Rely On Nurse Practitioners

Hilary Barnes, Michael R. Richards, Matthew D. McHugh, and Grant Martsolf

Health Affairs

June 2018

The use of nurse practitioners (NPs) in primary care is one way to address growing patient demand and improve care delivery. However, little is known about trends in NP presence…
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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

Ying Xue, Viji Kannan, Elizabeth Greener, Joyce A. Smith, Judith Brasch, Brent A. Johnson, and 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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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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Changes in Preparation and Practice Patterns Among New Family Physicians

Amanda K. H. Weidner and Frederick M. Chen

Annals of Family Medicine

November 1, 2018

Family physicians’ scope of practice is declining despite being well prepared to provide a range of clinical services. To evaluate whether this is a new phenomenon, we compared the proportions…
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Reforming America’s Healthcare System Through Choice and Competition

Department of Health and Human Services

December 2018

Reduced competition among clinicians leads to higher prices for health care services, reduces choice, and negatively impacts overall health care quality and the efficient allocation of resources. Government policies have…
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Nurse practitioners: A solution to America’s primary care crisis

Peter Buerhaus

American Enterprise Institute

September 18, 2018

For the past few decades, the United States has not produced enough primary care physicians. Moreover, too few physicians practice in rural and medically underserved areas, and the number of…
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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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How Does Occupational Licensing Affect U.S. Consumers and Workers?

Josh T. Smith, Vidalia Freeman, and Jacob M. Caldwell

Center for Growth and Opportunity

December 2018

This paper examines the existing research on the effects of occupational licensing and concludes with a discussion of possible reforms. Existing studies have yet to find a definitive link between…
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Consumer Perceptions of Financial Advisory Titles and Implications for Title Regulation

Derek T. Tharp

Mercatus Center

September 2019

Many professionals in the financial services industry refer to themselves as financial advisers despite tremendous variation in business practices, compensation methods, and duties to act in the best interest of…
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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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Untangling Hair Braider Deregulation in Virginia

Edward J. Timmons and Catherine Konieczny

Cato Journal

Fall 2018

We estimate the effects of removing the license requirement for hair braiding in Virginia in 2012. Using County Business Patterns and Nonemployer Statistics data from 2004 through 2014, we find…
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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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The Abuse of Occupational Licensing

Walter Gellhorn

University of Chicago Law Review

1976

Occupational licensing is invariably justified as a means of protecting the public against incompetent and dishonest practitioners. The effect of mandatory licensure, however, is often to restrict entry into an…
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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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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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Licensing, Market Entry Regulation

Shriley Svorny

Encyclopedia of Law and Economics

1999

Licensing describes the set of regulations that limit service provision to individuals or entities who meet state-established criteria. Despite claims that licensure increases service quality, the effect of licensure on…
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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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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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Job Analysis: A Guide for Credentialing Organizations

Roberta N. Chinn and Norman R. Hertz

Council on Legislature, Enforcement and Regulation

2010

There are also considerations that relate to how the concept of a job analysis will be received by board members and licensees or certificants. First, it is important to determine…
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Guild-Ridden Labor Markets: The Curious Case of Occupational Licensing

Morris M. Kleiner

W.E. Upjohn Institute

2015

This book provides a detailed, nontechnical overview of occupational licensing in the United States, China, the United Kingdom, and the European Union for students of the labor market, consumers, the…
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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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Occupational Licensing: An Argument for Asserting State Control

William C. Keck

Notre Dame Law Review

January 1969

Although the topic of state licensing has received voluminous exposure, city occupational licensing remains a part of the law that has been hurriedly bypassed. A closer look at this level…
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Investment, Moral Hazard, and Occupational Licensing

Carl Shapiro

The Review of Economic Studies

October 1986

I analyse occupational licensing as an input regulation that requires minimum levels of human capital investment by professionals. By raising professionals’ training levels, licensing helps alleviate moral hazard problems associated…
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The Economic Theory of Regulation: Evidence from the Uniform CPA Examination

S. David Young

The Accounting Review

April 1988

The economic theory of regulation suggests that occupational licensing laws are enacted and administered to advance the interests of licensed practitioners. For example, grading standards on licensing examinations could be…
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The Effects of Health Care Industry Changes on Health Care Workers and Quality of Patient Care

Nancy M. Pindus and Ann Greiner

Urban Institute

November 1997

A number of recent studies have called for an overhaul of licensure for health care professionals. Common themes of these studies are increased flexibility in scopes of practice (much of…
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The Case Against Licensing Health Professionals

Stanley J. Gross

Sexual Abuse: A Journal of Research and Treatment

July 1998

Licensing confers a special authority, both literally and figuratively, which increases the likelihood of dependency on licensed personnel. The inequality of information available to the public, compared to the professional,…
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Judicial Abdication and the Rise of Special Interests

Steven M. Simpson

Chapman Law Review

June 17, 2003

If the extreme judicial deference epitomized by the rational basis test is the wrong approach to economic legislation, what is the right approach? One answer is that economic rights should…
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Specialization and Regulation: The Rise of Professionals and the Emergence of Occupational Licensing Regulation

Marc T. Law, Sukkoo Kim

Journal of Economic History

May 2004

This paper explores the origins and effects of occupational licensing regulation in late nineteenth and early twentieth century America. Was licensing regulation introduced to limit competition in the market for…
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Mortgage Broker Regulations That Matter: Analyzing Earnings, Employment, and Outcomes for Consumers

Morris M. Kleiner and Richard M. Todd

NBER

December 2007

As the role of mortgage brokers in mortgage origination grew from insignificant in the 1980s to dominant in recent years, questions have arisen about whether its services help or harm…
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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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Medical Licensing: An Obstacle to Affordable, Quality Care

Shirley Svorny

Cato Institute

September 17, 2008

In the United States, the authority to regulate medical professionals lies with the states. To practice within a state, clinicians must obtain a license from that state’s government. State statutes…
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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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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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How Does Government Regulate Occupations in the UK and US? Issues and Policy Implications

Amy Humphris, Morris M. Kleiner, and Maria Koumenta

Oxford University Press

January 2010

We show that in both countries occupational licensing has a large impact on wage determination. The wage premium associated with licensing stands at approximately 18 per cent in the US…
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The Balance Between Public Protection and the Right to Earn a Living

Dick M. Carpenter and Lee McGrath

Council on Licensure, Enforcement & Regulation

January 2014

Right touch is relatively new on the regulatory scene and its efficacy remains to be fully demonstrated, particularly outside of the U.K. and in occupations and professions beyond health care….
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Florida’s Dirty Dozen: Twelve Repealers That Can Boost Business, Create Jobs, and Change Florida’s Economic Policy for the Better

Ari Bargil and Claudia Murray Edenfield

Institute for Justice

February 2014

Many of these arbitrary regulations are passed at the request of professional associations and government boards that want to protect the pocket books of their members by shutting out new…
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Regulatory Reform in Florida: An Opportunity for Greater Competitiveness and Economic Efficiency

Patrick A. McLaughlin, Jerry Ellig, and Dima Yazji Shamoun

Mercatus Center

March 2014

As the quantity and scope of regulations in Florida grow, so does the degree to which they affect the economy. In these circumstances, a little reform to the process of…
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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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Reforming Occupational Licensing Policies

Morris M. Kleiner

Brookings Institution, Hamilton Project Discussion Paper 2015-01

January 27, 2015

Occupational licensing has been among the fastest growing labor market institutions in the United States since World War II. The evidence from the economics literature suggests that licensing has had…
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Licensure and Worker Quality: A Comparison of Alternative Routes to Teaching

Tim R. Sass

The Journal of Law and Economics

February 2015

In this paper I use a rich longitudinal database from Florida to compare the characteristics of alternatively certified teachers with their traditionally prepared colleagues. I analyze the relative effectiveness of…
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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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The de-licensing of occupations in the United States

Robert J. Thornton and Edward J. Timmons

Bureau of Labor Statistics

May 2015

Occupational licensing directly affects nearly 30 percent of U.S. workers today and continues to grow in density and scope. In this article, we identify and analyze those rare instances when…
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Occupational Licensing: A Framework for Policymakers

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The White House

July 2015

If licensing places too many restrictions on this allocation of workers, it can reduce the overall efficiency of the labor market. When workers cannot enter jobs that make the best…
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Prepared Testimony before the United States Senate Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights

Jason Furman

Senate Judiciary Committee

February 2, 2016

Chairman Lee, Ranking Member Klobuchar, and Members of the Subcommittee: thank you for the opportunity to appear here today to testify about occupational licensing. This is an important economic issue,…
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The Compensation of Highly Paid Professionals: How Much Is Rent?

Dean Baker

Center for Economic and Policy Research

February 22, 2016

This paper examines the evidence that the pay gap [among highly-paid professionals] is due to protectionist measures that restrict competition. The most important of these protectionist measures are licensing practices…
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Fact Sheet: New Steps to Reduce Unnecessary Occupation Licenses that are Limiting Worker Mobility and Reducing Wages

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The White House

June 17, 2016

In July 2015, the White House put out a set of best practices for state policymakers to enact reforms to reduce the prevalence of unnecessary and overly broad occupational licenses…
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