Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC staff urges state legislators to limit restrictions on advanced practice registered nurses’ scope of practice, (Mar 7, 2014)

By Linda O’Brien, J.D., LL.M.

The staff of the FTC’s Office of Policy Planning has issued a policy paper suggesting that state legislators should be cautious when evaluating proposals to limit the scope of practice of Advanced Practice Registered Nurses (APRNs). By limiting the range of services APRNs may provide and the extent to which they can practice independently, such proposals may reduce competition that benefits consumers, the paper states

The policy paper is part of the FTC’s ongoing efforts to promote competition in the health care sector, which benefits consumers through lower costs, better care, and more innovation.

The policy paper, titled “Policy Perspectives: Competition and the Regulation of Advanced Practice Nurses,” notes the potential benefits of improved competition in the provision of primary health care services. The paper cites research suggesting that APRNs provide safe and effective care within the scope of their training, certification, and licensure. In addition, health policy experts have warned of significant shortages of primary care practitioners across the United States, and suggested that APRNs might help to alleviate health care access problems if undue regulatory burdens were reduced. Moreover, effective collaboration among health care providers, including team-based care, does not always require physician supervision of APRNs.

The policy paper sets forth recommended principles for evaluating APRN scope of practice proposals. As the policy paper states, “Numerous expert health care policy organizations have concluded that expanded APRN scope of practice should be a key component of our nation’s strategy to deliver effective health care efficiently and, in particular, to fill gaps in primary care access. Based on our extensive knowledge of health care markets, economic principles, and competition theory, the FTC staff have reached the same conclusion: expanded APRN scope of practice is good for competition and American consumers.”

“Even well-intentioned laws and regulations may impose unnecessary, unintended, or overbroad restrictions on competition, thereby depriving health care consumers of the benefits of vigorous competition,” the policy paper states.

The Commission vote to issue the staff Policy Paper was 4-0.

News: Antitrust FederalTradeCommissionNews