Health Professions Regulation in the US
The Impact of Scope of Practice
A key goal of health reform in the US is to improve population health through expanded access to health insurance. Demand for high-quality, cost-effective, basic health services is anticipated to grow, particularly for underserved populations. However, there is also growing concern about the impact of health professions scope of practice on access, quality, and cost of health services. Since health professions regulation falls under state jurisdiction, the legal scope of practice for a health profession is typically defined in a state-specific scope of practice act. These acts describe the services that professionals can provide and under what conditions they can be provided. Scope of practice acts also define the requirements for education and training, certification and licensure, and supervision. Restrictive legal scopes of practice often serve as a barrier to effective and efficient delivery of health services.
Key Issues and Challenges Related to Scope of Practice Regulation
Legal Scope of Practice vs Professional Scope of Practice or Competence
- While a health professional may be trained and competent to provide a service, a restrictive legal scope of practice in a state may prohibit him/her from providing a service in that state
- Legal scope of practice and professional competence overlap, and the amount of overlap varies by state and by profession (eg, state-to-state scope of practice variation for nurse practitioners)
Overly Restrictive Scope of Practice for a Profession Can Limit Patients’ Access to Care
- When a service can only be provided by a more highly skilled professional, it can increase the cost of that service (eg, a nurse can immunize a patient while a medical assistant cannot)
Lack of Consistency in Scope of Practice Across States
- Limits professional mobility
- Challenging for multistate health care provider organizations and providers of telehealth services that cross state lines
Changing Existing Scope of Practice Regulations for a Profession Is Often a Costly, Time-consuming, Adversarial, and Incremental Process Involving Many Stakeholders With Divergent Opinions About the Proposed Change/s
- Although the primary purpose of scope of practice regulation is to protect public safety, efforts to change scope of practice requirements often include an element of professional self-interest from professions that already perform a task or provide a service
Policy Reforms to Support Improvements in Scope of Practice Decision Making
- Aligning profession-specific legal scopes of practice with professional competence
- Increasing participation of consumers in scope of practice decision making
- Using the best available evidence about what is best for patients in scope of practice decision making
- Allowing short-term demonstration/pilot programs that are carefully evaluated to test new approaches when evidence is not available
- Establishing a national clearinghouse on scope of practice information and research with up-to-date and reliable information on scope of practice proposals, modifications, demonstrations, innovations, evaluations, and model practice acts
Relevant Information and Research
2015 - Present
Barnes H, Maier C, Sarik D, Germack H, Aiken L, McHugh M. Effects of regulation and payment policies on nurse practitioners’ clinical practices. Medical Care Research and Review. 2016;0(0):1077558716649109. PMID: 27178092.
Gadbois EA, Miller EA, Tyler D, Intrator O. Trends in state regulation of nurse practitioners and physician assistants, 2001 to 2010. Medical Care Research and Review : MCRR. 2015;72(2):200-219. doi:10.1177/1077558714563763.
Graves J, Mishra P, Dittus R, Parikh R, Perloff J, Buerhaus P. Role of geography and nurse practitioner scope-of-practice in efforts to expand primary care system capacity: Health reform and the primary care workforce. Med Care. 2016;54(1):81-89. PMID: 26565526.
Langelier M, Continelli T, Moore J, Baker B, Surdu S. Expanded scopes of practice for dental hygienists associated with improved oral health outcomes for adults. Health Aff. 2016;35(12):2207-2215. http://dx.doi.org/10.1377/hlthaff.2016.0807
McMichael B, Safriet B, Buerhaus P. The extraregulatory effect of nurse practitioner scope-of-practice laws on physician malpractice rates. Medical Care Research and Review. 2017;0(0):1077558716686889.
Page C, Beck A, Buche J, Singer P, Vazquez C, Perron B. National Assessment of Scopes of Practice for the Behavioral Health Workforce. Behavioral Health Workforce Research Center, School of Public Health, University of Michigan. April 2017
Pittman P, Leach B, Everett C, Han X, McElroy, D. NP and PA privileging in acute care settings: Do scope of practice laws matter? Medical Care Research and Review: MCRR. 2018;1077558718760333. doi:10.1177/1077558718760333.
2010 - 2015
Boissonnault WG, Badke MB, Powers JM. Pursuit and implementation of hospital-based outpatient direct access to physical therapy services: An administrative case report. Journal of Physical Therapy Science. 2010;90(1):100-109. PMID: 19892855.
Kuo Y, Loresto FL, Rounds LR, Goodwin JS. States with the least restrictive regulations experienced the largest increase in patients seen by nurse practitioners. Health Aff. 2013;32(7):1236–1243. doi:10.1377/hlthaff.2013.0072.
McMullen T, Resnick B, Hansen J, Miller N, Rubinstein R. Certified nurse aides and scope of practice clinical outcomes and patient safety. Journal of Gerontological Nursing. 2015;41(12):32-39. PMID: 26468657.
Safriet B. Federal Options for Maximizing the Value of Advanced Practice Nurses in Providing Quality, Cost-Effective Health Care. (Excerpted from Appendix H of The Future of Nursing: Leading Change, Advancing Health (Institute of Medicine, 2011.)
Spetz J, Parente S, Town R, Bazarko D. Scope-of-practice laws for nurse practitioners limit cost savings that can be achieved in retail clinics. Health Aff. 2013;32(11): 1977-1984. doi: 10.1377/hlthaff.2013.0544.
Yee T, Boukus E, Cross D, Samueal D. Primary care workforce shortages: Nurse practitioner scope of-practice laws and payment policies. Washington, DC: National Institute for Health Care Reform; February 2013.
2005 - 2010
2000 - 2005
Professional scope of practice or competence is often found in model practice acts developed by a profession and describes the services that its members are trained and competent to perform.
- A Model Act to Regulate the Practice of Medicine across State Lines
- Essentials of a State Medical and Osteopathic Practice Act
- Nurse Practitioners
- Social Workers
- Emergency Medical Personnel
- Physician Assistants
- Occupational Therapists
- Physical Therapists
- Respiratory Therapists
Innovations in Health Professions Regulation