This document summarizes the role of governmental regulatory agencies in licensing healthcare professionals and the impact of licensure laws. It provides four examples of state medical licenses being revoked for various ethical violations. The revocations impacted patients, physicians' practices, and healthcare facilities. The author observed how licensure requirements affected patient care as a hospital employee, such as students needing supervision. Strict licensure ensures patient safety and is important for quality healthcare.

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Healthcare Law and Regulation with Licensure of Individual Healthcare Professionals
Julie Bentley
HCS/545
September 14, 2015
Kathleen Cross

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Healthcare Law and Regulation with Licensure of Individual Healthcare Providers
Healthcare law and regulation in respect to licensure of individual healthcare providers is
one that the public relies on the healthcare facility to provide. Federal and state governments use
their regulations and police power to protect the public health, safety, and welfare by prohibiting
individuals from providing healthcare services without a state license from the state medical
boards (Harris, 2008). This paper will explain the role of the governmental regulatory agencies
and its effect on the health care industry. It will also analyze the effect of the healthcare law on
the provider, healthcare facility, and the patient. Examples will be provided with specific cases,
and before the conclusion, the paper will show how this effect has been evidenced in my
community.
The Role of Governmental Agencies with Healthcare Provider Licensure
The licensing board is an official agency of state government. Therefore, the state
licensing board acts with the power of the state and are subject to the same statutory and
constitutional restrictions that apply to the actions of government (Harris, 2008). The state
licensing boards for providers of healthcare are required, by law, to comply with due process of
law by giving fair notice and giving a time for the individual licensed to be heard before adverse
action is put on a license (p.67). The following is a list of the roles that government agencies use:
1) Large scale regulator of healthcare licenses.
2) Safety for receivers of care from licensed providers (Health Action Network, 2015).
3) Quality assurance.
4) Continuing educational credits with renewal of license.
5) State licensure testing organization.
6) Drug and alcohol regulatory factors of practicing providers.

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Other roles can be noted depending on what licensing state is chosen, but the main ones
are listed above.
Professional licensing boards operate under state statutes, which are referred to as
practice sets (Harris, 2008, p.67) The practice sets all have a common structure: 1) prohibit the
unlicensed practice of a particular healthcare profession within the boundaries of the state, 2)
defines the practice of that profession by reference to specific types of activities that constitute
the practice of medicine, 3) provide a series of exceptions that state that a person will not be
unlawfully practicing the healthcare profession if they are lawfully practicing a different
healthcare profession within the bounds of the license, 4) creates a licensing board that has the
power to grant, deny, suspend, and revoke licenses in accordance with the standards and
procedures set forth in the act and the rules adopted by the board, 5) the board only has power
enough that is delegated by the legislature to the licensing board by statute, 6) specifies the
procedures for administrative appeal and judicial review of the state licensing board’s licensing
decisions (Harris, 2008, p.67).
The impact on the safety and regulation for practicing healthcare providers is something
that is questioned daily with the patient and their families in regard to public health, and
continued physician visits, home health care nursing, or hospital procedure or admission areas.
All healthcare is concerned with patient safety and regulation of providers, and the state
licensing boards accredit, research, and evaluate the competence, education, and capability of
service of the practicing health care provider. The health care administrator needs to be aware of
the employees at the facility and keep the safety of patients in the upmost of their minds for
public safety, beneficence, and non-maleficence to occur in the community.

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Two Examples Currently Faced by Health Care Industry and Specific Cases of
Each
Examples that I found that currently deal with the state licensing board and faced by the
health care industry are 1) “Maryland: in April 2013 the Medical Commission immediately
suspended the credential of physician, John L. Young (MD60187941). In February 2013 the
Maryland Board of Physicians suspended his Maryland medical license” for unknown stated
reason (Washington Department of Health, 2015), and 2) snipping tool additions as listed below,
(U.S. Department of Justice: Drug Enforcement Administration Office of Diversion Control,
2015), and 3) following snipping tool addition of:

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(U.S. Department of Justice: Drug Enforcement Administration Office of Diversion
Control, 2015). A fourth case was documented on Washington State Department of Health
(2015) for an incident on March 2013, where the Washington State Medical Commission
suspended the license of physician Bradford S. Weeks (MC00030856) for at least three years and
fined him $5,000. In 2009 he offered human growth hormone (HGH) for sale on the Internet as
an anti-aging remedy. Federal law bans HGH use for anti-aging. He also prescribed HGH for at
least three patients but didn’t test them for adult growth hormone deficiency or another diagnosis
that would justify the prescription which was an ethical case for beneficence, and non-
maleficence.
Analysis of the Impact of Regulation and State Licensing Board Laws
Analysis of the impact of the regulations of the state licensing board for medical
healthcare providers is the provider is not allowed to practice medicine in the United States again
under most cases unless the license is reinstated. The above cases where revoked of the state
practice license and Federal criminal charges were filed and upheld in the second case of
Lawrence Adams, MD. The third case was a revoking of the license for use of fictitious
registration (untruth knowledge found out). The fourth case was a revoke of medical license for
conflict of interest, and poor medical practice.

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Analysis of the clinic and hospital aspect of the above cases is that safety was ensured for
the facilities due to revoking of the medical license so they could no longer practice. The
physician offices were investigated also with the other physicians in the practice and the
physician was removed from the practice of the physician office. Another analysis was that the
peer review department was reminded of administrative checking for all staff including
physicians with the yearly administrative reviews. The physician administrative board and Board
of Chairman departments for the previous discussed facilities had to provide documentation of
all physician patient contact and consults within the facility, and these were sent to the U.S.
Department of Health and Human Services Office of Inspector General. The patients that were
affected by the action of the physician was state and Federal cases that prosecuted the physicians,
and allowed for compensation and counseling for the patients and families.
Ways That I Have Seen State Licensure Affect How Patient Care is Carried Out
The ways that I have seen the state licensure board affect how patient care is carried out
in the facility where I am employed and in my community is that when a medical provider is not
licensed than they are considered like a student still in school until the state licensure board
licenses them as a medical professional provider. This happens with our nursing students that are
hired into the hospital following clinical rotations. They sit for the state boards as a registered or
licensed practical nurse, then they are always under the care and mentorship of the registered
nurse, and perform the duties of a certified nursing assistant or CNA until the state licensure
board gives them their registered or licensed practical license number and it given to the human
resources. They are not allowed to sign records as a student or graduate nurse anymore due to the
electronic medical charting, and they are not allowed to pass any medications in my state.

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The same is for the medical physician students. They rotate with cardiology department,
and the cardiologists go with them for every patient, and mentor and point out things that are
important for each and every individual patient. The medical student cannot sign, pass
medications, dictate on patient care, etc.
While working at Mayo Clinic in Rochester, MN, with so many residents, medical
students, etc., it was hard to keep track of who could sign your orders on CPOE. The head
cardiologist for the team would sign for everything at that time, but only after careful checking
and review before the signature was added for orders.
Conclusion
In conclusion, the paper reviewed the role of governmental regulatory agencies and their
impact on health care in regard to the state licensing of healthcare professionals and providers.
In section two, the paper provided examples and specific cases where state healthcare medical
licenses were revoked and the physician was not allowed to continue treating patients. Analysis
of the impact of this action was stated from the patient and family, physician’s in the practice,
and the hospital and clinic perspective. The paper ends with how it has affected the community
and the writer as it is seen in the working day of the healthcare facility. I hope that in a sense the
reader can find how important state licensure is for medical and healthcare providers throughout
the United States and Internationally. Safety comes first for all in the healthcare environment
today, and is one that the healthcare administrator needs to keep aware of in the daily tasks that
they do for quality healthcare in today’s world.

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References
Harris, D. M. (2008). Contemporary Issues in Healthcare Law and Ethics (3rd ed.). Chicago, IL:
Health Administration Press.
Health Action Network. (2015). The Role of Government. Retrieved from
http://www.healthactionnetwork.com/issues.aspx?IssueID=TheRoleofGovernment
U.S. Department of Justice: Drug Enforcement Administration Office of Diversion
Control. (August 26, 2015). Cases Against Doctors. Retrieved from
http://www.deadiversion.usdoj.gov/crim_admin_actions/doctors_criminal_cases.pdf
Washington Department of Health. (2015). Washington State Revokes Licenses of Healthcare
Providers. Retrieved from http://mylocalhealthguide.com/2013/04/27/washington-state
revokes-licenses-of-healthcare-providers/