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MEDICAL BOARD LICENSING, DEA, & THE REGULATION OF MEDICINE EXAM #3
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MEDICAL BOARD LICENSING, DEA, & THE REGULATION OF MEDICINE EXAM#3
1. and serve as the foundation of professionalism in medicine.: -
physician autonomy
self-regulation
2. Physician autonomy:: 1. gives physicians the freedom to exercise their judge- ment in the
best interest of the patient without societal interference; and
is based on the premise that physicians will act competently and will put the wellbeing of
the patient ahead of their own personal interest.
***basically the social contract that gives the medical profession the privilege of autonomy,
goes hand in hand with the responsibility for effective self-regulation
2. Self-regulation:: 1. is the result of governments being willing to delegate their regulatory
and policing power to the medical profession
which by social contract will act on society's interest in maintaining physician ac- countability an
protection of patients against negligent, incompetent, and unethical practitioners.
. This authority is afforded in varying degrees to licensing boards, peer review organizations,
credentialing committees and associations to license, regulate and discipline physicians.
4. Purpose of self-regulation?: The physician-patient relationship is based on trust assuming
competence and ethical conduct on the part of the physician, which in turn tilts the balance of
power in favor of the physician.
To protect the wellbeing of patients and to safeguard the autonomy of the physician, self-
regulation is in place to deal with the small percentage of incompetent physi- cians.
5. Quality of care is a function of the and of the physician.: compe- tence
conduct
6. Competence definition: attainment and exercise of knowledge and skills
7. Conduct definition: observance and exercise of appropriate ethical and moral principles
8. Remember, the highest priority goes to : the wellbeing of patients
9. Unenforced most of the time, laws regulating medicine disappeared by 1830s.
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, MEDICAL BOARD LICENSING, DEA, & THE REGULATION OF MEDICINE EXAM
#3
However, they re-emerged after the Civil War in the 1860s as the basis for modern medical regulation.
One milestone in the development of regulating the practice of medicine was the establishment of :
State medical boards
*** North Carolina Board = oldest
10. One of the
most important licensing board creation was the in 1876.
Why was this particular board important?: Illinois Board of Health established the template for
the modern state medical board.
1. set minimum qualifications for the practice of medicine
2. issued a medical license to physicians
3. revoked or rescinded a physician's medical license
11. As medical licensing laws spread throughout the last quarter of the 19th century,
one important legal challenge came from a West Virginia doctor named Frank Dent.
Hence, the case of : Dent v. West Virginia
12.Dent v. West Virginia Recap: In 1882, Dent was convicted of illegally practicing medicine
because his school (American Medical Eclectic College of Cincinnati) was not a reputable school.
Dent challenged this, but the state board refused because the West VA law required physicians
to hold a degree from a reputable college, pass an examination, or prove practice in WV for the
previous TEN years. (Dent practiced for 6 years)
It was the court's decision that because of the importance of a physician's tasks, reliance
needed to be placed on the assurance of a license.
This will exclude some physicians from practicing medicine (in this case, Dent.)
13. Changes in Medical Regulation from Dent v. West Virginia:
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