The Medical Practice Act Defined

Though there is no federal Medical Practice Act, under the 10th amendment of the U.S. Constitution, each state has the authority to create its own Medical Practice Act to define laws and regulations for the practice of medicine within that state.

Purpose

• The Medical Practice Act for each state is constructed with the purpose of protecting the public from unprofessional, improper, unlawful, fraudulent or incompetent practice of medicine, as stated by the Federation of State Medical Boards.

Scope

• According to the House of Delegates' "Guide to the Essentials of a Modern Medical Practice Act," state Medical Practice Act laws and regulations should cover advertising, prescription drugs, treatment and diagnosis of medical conditions, performance of surgery, documented medical opinion, using the designation of Doctor, Physician, Surgeon or any combination thereof or any abbreviations thereof.

Inclusions

• The House of Delegates recommends that each state Medical Practice Act should include the following: purpose statement, definitions, provisions for a regulatory state medical board (Board), provisions for medical licensing examinations, licensure requirements and regulations, procedures for disciplinary action and enforcement of laws, rules for mandatory reporting and investigation of violations, legal protection for Board staff and members as well as those reporting information to the Board in good faith, definition of violations as well as corresponding penalties, regulation of physician assistants, and regulations for state medical board charges and fees.