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University of Pennsylvania Carey Law School

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A Theory Of Discipline For Professional Misconduct, Nadia N. Sawicki Mar 2009

A Theory Of Discipline For Professional Misconduct, Nadia N. Sawicki

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State medical boards derive their licensure and disciplinary authority from the police powers reserved to the states under the 10th Amendment. Though it is clear that public health, safety, and welfare are well-served by the educational and examination requirements uniformly imposed upon medical professionals, many medical practice acts also authorize discipline for professional misconduct that does not directly implicate clinical competence or patient safety - for example, being convicted of a felony or a crime of moral turpitude, failing to comply with a child support order, providing expert opinion to a court without reasonable investigation, ordering unnecessary laboratory tests, engaging …