Rationale for Professional Regulation
From a public policy perspective, the rationale for professional regulation of medicine is patient protection [1]. Patients generally lack the knowledge, skills, or judgment to diagnose or treat disease and, thus, have strong incentives to rely on caregivers with specialized expertise
The UMKC Pathology Department permitted a prolonged ishemic time from January to June 2011 and this occured in spite of being informed about the unsafe care.
1. We always have an ischemic time of less than 30 minutes.
2. The Pathology Department "often[sic]" documents the ischemic time.
When we look beyond the label of the discipline given to Dr. Mishler to the true nature of the facts, we conclude that the discipline was unwarranted. The Board's power was not exercised for the proper and commendable purpose of protecting 297*297 the public from incompetent and negligent physicians. Instead, the Board wielded its power to ruin the career of an outspoken physician while simultaneously protecting a possibly negligent or incompetent practitioner who had questionable billing procedures.
In short, we conclude that the Board's actions and the proceedings against Dr. Mishler constituted a disturbing abuse of its power.
Therefore, we reverse the disciplinary order of the Board in its entirety and dismiss all proceedings against Dr. Mishler with prejudice.
In 1993, the Arizona Supreme Court overturned all the of the AZ Medical Board's claims v. Dr. Mishler with prejudice. The Board's actions against Dr. Mishler constituted a disturbing abuse of its power.
Freeman also appeals to novelty, writing that our licensing laws are old and relates this to the idea of general practitioners. However, the USMLE Step 3 was specifically designed to assess the ability of physicians to work unsupervised in an ambulatory care setting
Although there is more information than ever before, there is no evidence to assert that physicians are unable to look it up online, use team-based care, telemedicine, and to refer a patient that the provider is not comfortable in treating [1].