The Medical Practice Act

A medical practice act spells out the rules for licensing, monitoring and disciplining doctors in a state, and it gives the state medical board the authority to enforce those rules. Every state has its own medical practice act, and the details can differ significantly from one state to another, but they all cover the same ground. The U.S. Federation of State Medical Boards (FSMB) periodically issues guidelines on the essential elements of a medical practice act.

Structure

• A state's medical practice act is part of its code of laws; it is written by the legislature and can be modified by the passage of amending legislation. Enforcement of the act's regulations is the responsibility of the state medical board. According to FSMB, these boards are usually made up of both doctors and members of the public appointed by the governor. The act applies only to physicians and surgeons. Other health care professionals, such as nurses, dentists and psychiatrists, are overseen by their own boards.

Definitions

• Every medical practice act defines what does and does not qualify as the practice of medicine. For example, every state defines the act of prescribing a drug as the practice of medicine, which makes prescription errors by doctors subject to state sanctions.

  On the other hand, states typically exempt emergency aid rendered by volunteers from the definition, so a person performing CPR on a drowning victim is not subject to any sanction for not doing it correctly. Medical practice acts also define what constitutes illegal practice of medicine, such as practicing without a license or with a lapsed license, or practicing a specialty for which the doctor is not qualified.

Licensing

• The medical practice act lays out the procedure for licensing physicians in the state. Every state requires new doctors to pass licensing exams before they can begin practicing. The act also describes the steps that doctors who are licensed in other states or in foreign countries have to take in order to be allowed to practice in the state.

Discipline

• Each state's act includes provisions for identifying, investigating and disciplining doctors who break the rules. These provisions cover the rights of the accused, the standards of evidence for proving a case against a doctor and the range of sanctions, from a mere reprimand up to the revocation of the doctor's license. The act also provides a way to suspend "impaired" doctors--those with any condition that could jeopardize the safety of their patients--even if no harm has yet occurred. Such impairments include mental illness and substance abuse.

Administration

• The makeup of the state medical board, the length of its members' terms, their compensation and the board's sources of funding are covered in the medical practice act. The act usually also protects board members and staff from lawsuits stemming from their work for the board.