While it is not a governmental agency, the [American Medical] Association has maintained a lively interest in legislation bearing upon medical education, especially the organization of state licensing boards and the passage of basic science requirements as a prerequisite for medical school attendance and licensure.... the real beneficiary of this extensive activity is the patient (Bauer, 1965, pp. 308–310).
For decades it [the American Medical Association] kept down the number of physicians, kept up the costs of medical care, and prevented competition with “duly apprenticed and sworn” physicians by people from outside the profession—all, of course, in the name of helping the patient.... It is clear that licensure is the key to the medical profession's ability to restrict the number of physicians who practice medicine. It is also the key to its ability to restrict technological and organizational changes in the way medicine is conducted (Friedman and Friedman, 1981, p. 221; Friedman, 1962, p. 154).
Abstract
Society has granted considerable regulatory powers to physician-dominated licensing boards. While achieving the social benefit of protecting the consumer by maintaining minimum standards for entry into the profession, the licensure mechanism has also resulted in substantial social costs. Excessive restriction on entry into the profession has occurred; difficulty in developing innovations in the distribution of medical care have resulted; and severe limitations on the activities of nonmedical health practitioners who pose a competitive threat to the physician have taken place. To reduce these social costs, the licensing mechanism should be reconstructed with physicians serving in advisory, not policy-making, positions.
Similar content being viewed by others
References
American Medical Association, Council on Medical Education and Hospitals. Annual presentation of educational data for 1934–1935.Journal of the American Medical Association, 1935,105, 677–720.
American Medical Association,Directory of approved internships and residences, Chicago: AMA, 1964, p. 1.
American Medical News, 1980a, February 5.
American Medical News, 1980b, July 4, 1.
Arrow, K. J.,Essays in the theory of risk-bearing. Chicago: Markham Publishing Company, 1971.
Bauer, W. W. (ed),Today's health guide. Chicago: American Medical Association, 1965.
Bierring, W. L., The family doctor and the changing order.Journal of the American Medical Association, 1934,102, 1995–1998.
Blackstone, E. A., The AMA and the osteopaths: A study of the power of organized medicine.The Anti-trust Bulletin, Summer 1977,22, 405–440.
Blaire, R. D., and Rubin, S., (eds.),Regulating the professions. Lexington, Massachusetts: Lexington Books, 1980.
Derbyshire, R. C.,Medical licensure in the United States. Baltimore: Johns Hopkins Press, 1969.
Friedman, M.,Capitalism and freedom, Chicago: University of Chicago Press, 1962.
Gellhorn, W.,Individual freedom and government restraints. Baton Rouge: Louisiana State University Press, 1956.
Institute of Medicine,Issues of the 1980's, 1979, 37–38.
Journal of the American Medical Association, 1932,99, 765.
Law, S., and Polan, S.,Pain and profit. New York: Harper and Row, 1978.
Medical Economics, July 1952a,29, 25.
Medical Economics, August 1952b,29, 65.
National Commission for Health Certifying Agencies.Perspectives on health occupational credentialing. Washington, D.C.: U. S. Department of Health and Human Services, 1980.
Potthoff, E. F., The future supply of medical students in the United States.Journal of Medical Education, 1960,35, 223–237.
Ruhe, C. H. W., Recent events of special interest to medical education.Journal of the American Medical Association, 1980,243, 842–846.
Sloan, F. A., and Feldman, R. Competition among physicians. InCompetition in the health care sector. Federal Trade Commission, 1978.
Wall Street Journal, 1979, June 27, 14.
Wilbur, R. L., Leadership in medical education.Journal of the American Medical Association, 1937,108, 771–773.
Author information
Authors and Affiliations
About this article
Cite this article
Rayack, E. Medical licensure. Law Hum Behav 7, 147–156 (1983). https://doi.org/10.1007/BF01044519
Issue Date:
DOI: https://doi.org/10.1007/BF01044519