Boundary violation.
Regulation of the interstate practice of medicine represents a challenge to state medical boards. Although laws prohibiting the unlicensed practice of medicine were originally enacted to protect the public from unqualified practitioners, they could be invoked in a whole host of common clinical situations such as calling in prescriptions to a patient in another state, giving expert testimony in another jurisdiction, or reviewing radiology films on the internet, with potentially serious criminal ramifications. In this article a recent case describing a physician's being prosecuted for the illegal practice of medicine across state lines is presented and followed by a discussion of the numerous ways in which contemporary practitioners are likely to engage in such acts. The function of state medical legislation is explored as it relates to prohibitions on interstate practice. It is suggested that states, and possibly the federal government, should devise legislative solutions to allow for the good faith intermittent practice of interstate medicine.
Neimark
Geoff
G
Department of Psychiatry, University of Pennsylvania, Philadelphia, PA 19104, USA. gneimark@hotmail.com
D003416:Criminal Law; D011307:Drug Prescriptions; D006801:Humans; D008007:Licensure, Medical / Q000331:legislation & jurisprudence*; D014481:United States