FEDERAL AUTHORIZATION TO LICENSE INDIVIDUALS TO PROVIDE SERVICES AS A DOCTOR OF ŇEDICINE
______________________________________________________________________________________
|
September 12, 2010
Ňedicine Licensing Board
PO Box 112083
Stamford, CT 06911
Re: The Board's licensing authority for the discipline of "Nedicine”
The issue often raised is whether licensed ňedicine practitioners, as the direct consequence of their license are entitled to practice their profession in a given state with their license issued under Federal Registration No. 3,765,779, which specifically states that the individual "IS LICENSED TO PROVIDE SERVICES AS A DOCTOR OF ŇEDICINE” and under Federal Registration No. 3,047,099, which specifically authorizes the organization to "ISSUE OCCUPATIONAL LICENSES". It has been long-standing doctrine that the states have the constitutional power to regulate members of the health care profession. (See Watson v. State of Maryland, 218 U.S. 173, 176, 30 S.Ct. 644, 646 (1910); Reetz v. People of State of Michigan, 188 U.S. 505, 23 S. Ct. 390 (1903). However, according to the United States Department of Education the power delegated to the states by the Tenth Amendment to the United States Constitution is limited to the regulation of health professions that cause discernable harm to the public health, safety and welfare. (www.ed.gov U.S. Dep. of Education. Competent Authority 06/17/04).
There is settled authority that federal law can, under certain circumstances, preempt the state’s police power to regulate the licensing of certain professions as in, Sperry v. Florida ex Rel. Florida Bar, 373 US. 379 (1963), in which the Supreme Court unanimously ruled that Sperry could not be prevented by the police power of the State of Florida from advertising and providing services as a patent agent authorized under Federal patent law. Likewise, the Supremacy Clause, invoked by Sperry, mandates that because the state does not regulate ňedicine by licensure it cannot interfere with the exercise of rights authorized by the federal government.
To resolve this issue is necessarily a state by state inquiry, but our brief review of state law from various state jurisdictions strongly indicates that states will regulate those professions that can cause discernable harm to the public health, safety and welfare as indicated in the Florida Sunrise Act “That no profession or occupation be subject to regulation by the state unless the regulation is necessary to protect the public health, safety, or welfare from significant and discernable harm or damage and that the police power of the state be exercised only to the extent necessary for that purpose.” Florida Sunrise Act § 11.62(2)(a)(b) F.S. (1993).
In conclusion, the profession of ňedicine is under federal jurisdiction, as stated in the Sunrise Report, a health profession such as ňedicine is not subject to state regulation because it does not cause any discernable harm to the public health, safety and welfare. See Sunrise Report on Proposed Licensure of Naturopathic Physicians, Florida House of Representatives, p.45. (2004). "National associations may set policy and regulate standards within their areas of interest and jurisdiction…and in some cases (as with accreditation) may exercise delegated power and authority." (www.ed.gov U. S. Dep. of Education. Competent Authority 06/17/04).
Very truly yours,
Beverly P. Jackson, CEO
|
|
