Hello, 4me2no-ga!
I believe I have compiled some worthwhile references pertaining to
specific professions that are under regulatory pressure from other
business entities, and which provide the type of information you are
seeking. As I got further into my research, I realized that not only
was there no easy way to tackle this subject (no readily available
places to look and find a string of references), but that the
broadness of the question and numerous business entities which could
fall under this topic required that I simply provide a few references
pertaining to each one in order to provide an overview.
I have focused on seven professional categories that are in the midst
of regulation nightmares, and tried to present a small picture of
each. One category - lawyers - are more in the position of imposing
regulations rather than bearing the brunt of the restrictions. The
professions I have chosen are Paralegals, Lawyers, Naturopathic
Doctors, Midwives, Nurses, Accountants/CPA's and Dental
Hygienists/Therapists.
To truly do this topic justice and provide the type of detail that
you desire, it would be necessary to pick one or two business
categories and research them specifically. If that is an option for
you in the future, and you would like me to pursue this in greater
depth in another question, I will be happy to do so.
However, I hope you will find some interesting information in the
following references.
***********
PARALEGALS
***********
"How Much is Too Much? Paralegal's Duties and the Unauthorized
Practice of Law," by Rebecca Cull. National Federation of Paralegal
Associations.
http://www.paralegals.org/displaycommon.cfm?an=1&subarticlenbr=332
"While the legal profession has attempted to justify UPL statutes by
the need to protect the public from harm, opponents of such statutes
claim the true motivation behind UPL statutes is attorneys'
self-serving motive of preventing competition."
"The time has come to increase access to legal services by allowing
paralegals to play a larger role in the legal system. Adopting uniform
definitions of "paralegal" and "UPL" will clarify the duties
paralegals may perform."
====
"Exceptions to the Rule? Task Force Debates Expanding Paralegals'
Roles Under UPL Statute," by Lisa M Whitley. Texas Legal Pro. Sept.
11, 2000
http://www5.law.com/tx/txlegalpro/edit/091100/091100a.htm
"Should the State Bar of Texas carve out exceptions to the
unauthorized practice of law statute to allow paralegals to handle
limited legal matters that have traditionally been reserved for
attorneys?"
"Neither paralegals nor attorneys agree on the issue, which was hotly
contested at a State Bar task force?s public hearing in August."
====
"Re: North Carolina State Bar Opinions Restricting Involvement of
Non-Attorneys in Real Estate Closings and Refinancing Transactions
(written by members of the United States Department of Justice and the
Federal Trade Commission to the Ethics Committee of the North Carolina
State Bar) December 14, 2001. http://www.ftc.gov/be/V020006.htm
"The Department has been concerned about attempts to restrict
non-lawyer competition in real estate closings....By requiring lawyers
to be physically present at all real estate refinancings, this opinion
deprives North Carolina consumers of the ability to use less expensive
or more convenient lay closers or paralegals working under the
supervision of an attorney. Lawyers are already required for
residential real estate purchase closings, but Opinion 2001-8, which
requires the physical presence of a lawyer at such closings,
eliminates the possibility that paralegals or others working for the
attorney could conduct the closing conference."
====
"The Case for Paralegals," by John G. Kelly. Inter Visa Bookmarks.
http://www.intervisa.com/links/articl.htm
"No use going to a lawyer; they're rogues. I am an honest man and will
do your business for one half of what it will cost you if you employ a
lawyer." No, it's not the latest battle between your local law society
and a paralegal. It's a quote from 1880. Maybe it's time both sides
buried the hatchet and started working together."
====
"ASSOCIATES VERSUS PARALEGALS: THE SHIFTING BALANCE OF PROFITABILITY,"
By D. Jeffrey Campbell, Esq. Article reprinted from the Fall 2001
SCOLA Update newsletter.
http://www.abanet.org/legalservices/legalassistants/updatefiles/campbellarticle.html
====
"Defining the Role of Paralegals," by Diane Molvig. Wisconsin Lawyer.
Vol. 71, No. 12, December 1998
http://www.wisbar.org/wislawmag/1998/12/paralegal.html
====
"Maui's independent paralegals under attack," by Kim Compoc. Haleakala
Times. July 17 - August 6, 2002
http://www.kalanienglish.com/news_haletimes_020717.html
====
Nurse Paralegals
----------------
"The Power of Focus - Who Are We?" by Vickie L. Milazzo, RN, MSN, JD,
Texas (Reprinted from National Medical-Legal Journal, Vol. 10, No. 3,
1999)
http://www.legalnurse.com/lnc/art/art_vickie.html
"Any RN who buys into the role of being an attorney's legal assistant
is denigrating the legal nurse consulting profession. We do not want
to allow ourselves to be held back in yet another low-paid position,
in a nonprofessional role along with other nonprofessionals."
"Who's creating our future? Are we as RNs deciding for ourselves who
we are and who we want to be? These programs are by and large taught
by attorneys. Do you recall being in nursing school? Did you want to
be taught by doctors? Yet nurse paralegals are being taught by lawyers
and even non-nurse paralegals. Is that what we want? Are we
second-class citizens who are not good enough to teach our own?
"The way they (lawyers) avoid sharing the wealth with you is to strip
you of your power. A manipulative attorney will tell you that you have
to be both a legal expert and a nursing expert to work for them.
"Since we have to teach you a new career and since you're unskilled at
what you do," they say, "we'll pay you low wages to do it." That's how
they manipulate you into accepting $20 per hour."
"The bottom-line: This "new" career as a nurse-paralegal is masterful
manipulation by the legal industry."
**********
LAWYERS
**********
Lawyers against "non-lawyers"
-----------------------------
"Lawyer Fees Too High? The Case for Repealing Unauthorized Practice of
Law Statutes," by George C. Leef. Regulation. The Cato Institute.
April 2004
http://www.cato.org/pubs/regulation/reg20n1c.html
"Lawyers are not a popular group among the general public, and the
high price of legal services in part accounts for their poor
reputation. A principal reason for those high prices is the lawyer?s
monopoly on providing legal services. Every state except Arizona has
an "unauthorized practice of law" (UPL) statute that makes it illegal
for anyone who does not meet the requirements set by state bars to
render legal assistance. Lawyers invariably argue that UPL statutes
serve the public interest."
"But the notion that the best or only way to protect consumers of
legal services is to prevent them from hiring people without bar
membership is based on fundamental fallacies."
Read more...
Coming Down on the Ordinary Citizen
------------------------------------
Attorney's come down on the ordinary citizen as well....
"Is This Woman a Threat to Lawyers?," by DEBRA BAKER. COPAA Newswatch.
(1999 - updated 2002) http://www.copaa.net/abaj/unauthorized.html
"A group of parents from Delaware turned up on Marilyn Arons' New
Jersey doorstep a few years ago searching for someone to help them in
their battle with their local school board over special-needs
children. The parents were unable to find a lawyer to help get the
specialized instruction programs guaranteed to them under federal law,
Arons recalls...As founder of the Parent Information Center, Arons has
spent more than 20 years counseling parents on their legal rights and
representing them at administrative hearings, often facing off against
heavily lawyered school boards. Most of the parents cannot afford an
attorney. Those who can seldom are able to find one with the time or
expertise to take their case."
"Arons is not a lawyer, but, she says, that should not matter.... The
state of Delaware thinks differently. Prompted by complaints from
school boards, the state's Office of Disciplinary Counsel slapped
Arons and a colleague with charges of unauthorized practice of law
about two years ago."
"Unlike traditional claims targeting individuals or businesses that
furtively try to pass themselves off as providers of legal counsel,
many of those accused now are like Arons, providing a service that
lawyers often don't have the time or the inclination to offer. Besides
parent advocates, un-authorized practice charges have recently been
filed against publishers of do-it-yourself legal books and computer
software, paralegals, real estate and mortgage brokers--even a funeral
home director."
"That trend has led critics--lawyers and nonlawyers alike--to warn
that the aggressive pursuit of such claims may boomerang and end up
damaging the public's perception of the profession."
Lawyers attacking their own - legal aid lawyers
------------------------------------------------
"If You're So Smart, Why Aren't You Running Legal Services? A
Challenge to Its Critics," by Lindsay Thompson, Washington State Bar
Association News . April 2003.
http://www.wsba.org/media/publications/barnews/2003/apr-03-thompson.htm
"Some critics, seeking a high road, attack legal-services lawyers as
the corruptors of an otherwise noble effort to serve the poor. Bar
News has run scores of such letters over the years, lawyers attacking
their colleagues for providing the sort of zealous, creative lawyering
to poor people everyone else expects more or less as a right. As luck
would have it, we have one in this month's Letters, in which
legal-services lawyers are blamed for litigating "their own ideology,
not their clients'," bringing cases that "tend to dilute the
democratic character of government," and questioning whether
legal-services lawyers "counsel their clients on the possible negative
impact of receiving government largesse."
"To prevent these radicals from upsetting Life As We Know It, Congress
- driven by critics of legal services - has mandated that
legal-services lawyers cannot use federal funds to do anything in
immigration law; cannot bring class-action suits; cannot seek welfare
reform (an odd one that, given how many politicians of both parties
have been up on their hind legs about changing welfare as we know it;
it seems like they'd want help changing it for the better - but I
digress). Legal-services lawyers cannot do anything about predatory
lending, either. There are a variety of other such restrictions, and
legislators, state and federal, never cease toiling to add to the
prohibitions."
*********************
NATUROPATHIC DOCTORS
*********************
"Testimony Opposing Naturopathic Licensure in Massachusetts."
Presented to the Commonwealth of Massachusetts Joint Committee on
Health Care. May 28, 2003
Kimball C. Atwood, M.D. Representing the Massachusetts Medical Society
http://www.quackwatch.org/01QuackeryRelatedTopics/Naturopathy/atwood.html
* Naturopaths Portray Themselves as "Primary Care Physicians," but Their
Training is Substandard
* Naturopathic Practices are Bizarre, Irrational, and Unsafe
* Government's Responsibility: Licensure Implies Validity and Self-Regulation
* A Double Standard for Health Care is Wrong
* The Public Demand for Naturopathy is Miniscule
* Previous Government Studies have found Naturopathy Unsuited to the Practice
of Medicine
* A Threat to Health Insurers, an Insult to Non-MD Practitioners, and a
Headache for the Department of Public Health
* Collaboration" with Medical Doctors Violates Medical Ethics
=====
"A Close Look at Naturopathy," by Stephen Barrett, M.D. Quackwatch. Revised 12/2003
http://www.quackwatch.org/01QuackeryRelatedTopics/Naturopathy/naturopathy.html
"The Bottom Line - In 1968, the U.S. Department of Health, Education,
and Welfare (HEW) recommended against Medicare coverage of
naturopathy. HEW's report concluded:
"Naturopathic theory and practice are not based upon the body of basic
knowledge related to health, disease, and health care which has been
widely accepted by the scientific community. Moreover, irrespective of
its theory, the scope and quality of naturopathic education do not
prepare the practitioner to make an adequate diagnosis and provide
appropriate treatment. [29]
"Although some aspects of naturopathic education have improved in
recent years, I believe this conclusion is still valid. I believe that
the average naturopath is a muddlehead who combines commonsense health
and nutrition measures and rational use of a few herbs with a huge
variety of unscientific practices and anti-medical double-talk."
=====
"Naturopathy, Pseudoscience, and Medicine: Myths and Fallacies vs
Truth," by Kimball C. Atwood, IV, MD. Medscape General Medicine 6(1),
2004. Posted 03/25/2004
http://216.239.57.104/search?q=cache:66_Q1xmHiiMJ:www.medscape.com/viewarticle/471156_print+AMA+position+on+naturopathy&hl=en
(Since this is a cached article, you may have to copy and paste the
link into your search engine)
=====
"Floridaīs Medical Doctors Donīt Want Competition From Naturopathic
Doctors, Says Florida Naturopathic Physicians Association." FindLaw.
March 18, 2004
http://news.findlaw.com/prnewswire/20040318/18mar2004163802.html
"It's easier to get into a Florida medical school than a naturopathic
school in Florida, although the Florida Medical Association (FMA)
falsely claims that licensing naturopathic doctors would lead to
inadequate health care."
"The FMA, in response to a bill before the Florida legislature that
would allow naturopathic doctors to treat patients, claims a Doctor of
Naturopathy (N.D.) would be allowed to perform the same procedures as
a medical doctor with much less education."
"Why is the FMA waging such an unwarranted attack on licensing
naturopathic doctors? Harris believes the reason is simply because
N.D.s can provide 17 million Floridians, many of them elderly and on
fixed incomes, with a low-cost alternative to the health care crisis."
"Conventional medical doctors do not want the competition. One of
their lobbyists told me the M.D.s are afraid they'll lose patients if
people are given a choice," Harris said."
=====
"Two Letters to the Editor published by the St. Petersburg Times, 19
April 2004: People want naturopathic medicine.
http://www.fnpa.org/St%20Peterburg%20Times%20Response%20Page.htm
"The April 13 editorial opposing the restoration of a licensing
process for naturopathic doctors was extremely biased. Clearly the
editorial position was informed primarily by the Florida Medical
Association, the voice of organized conventional medicine."
"Yes, licensing was suspended in 1959, but the notion that this action
was motivated by incompetence or malpractice on the part of
naturopathic physicians is absurd. The action was, in large part, the
result of organized medicine's determination to drive competition out
of the health care marketplace."
=====
"I-Team: Fair Treatment?" Channel 3000. November 2003.
http://www.channel3000.com/news/2643873/detail.html
"Millions of people are spending billions of dollars to go beyond the
boundaries of conventional medicine. "It's helped me, and I'm grateful
for the possibility to explore the improvement that I hope it
affords," Clark said. But access to future treatments is up in the air
because his doctor's being investigated."
"A News 3 investigation has found an expensive, and potentially
precedent-setting behind-the-scenes battle between two attorneys at
the state Department of Regulation and Licensing."
"I think there are a couple attorneys within the Department of
Regulation that are very biased, and it almost seems as if they have a
vendetta against alternative medicine," Lemke said.
==
See "Part II: I-Team, Fair Treatment?" Channel 3000. November 2003
http://www.channel3000.com/news/2649052/detail.html
==
See "State Settles Case Against Alternative Medicine Doctor." Channel
3000. December 2003 http://www.channel3000.com/health/2661190/detail.html
=====
"Freeman, Junge Receive Endorsement by Alternative Health Group," by
Leo Cashman. tcwellness.com (1998)
http://www.tcwellness.com/issues/1998/09/endorsement.html
Discusses Minnesota's history of harassment against alternative
medical practitioners, including dentists.
**********
MIDWIVES
**********
"First Draft of Testimony SB 1479, March 13th, B&P Committee, Faith
Gibson, California Licensed Midwife #041
http://www.collegeofmidwives.org/college_of_midiwves01/testimonysb1479.htm
Excerpt:
"It is a conflict of interest of the highest order for a competing
profession to be put in the position of gatekeeper over midwifery
practice. [12] It must be noted that the LMPA does not mandate that
doctors provide supervision to midwives, only that midwives obtain
supervision. Also it is totally illogical for a medical profession
which is not trained in midwifery to be put in a position of "sole"
authority over home-based birth services provided by midwives."
==
"A Global Witch-Hunt." MIDWIFERY MATTERS, Issue No. 100, Spring 2004
http://www.radmid.demon.co.uk/A%20Global%20Witch%20hunt.htm
"A second issue is the control of maternity services. Until recently,
government regulations in most countries have given doctors a monopoly
in providing health services. But this monopoly can easily be abused,
especially behind closed doors. The issue becomes one of peer control
versus accountability to the public."
"Fortunately the pendulum is swinging, at least in some places, with
the coming of quality assurance systems that include public
accountability of health care and health care professionals. Maternity
services are in the forefront of the controversy over peer control and
public accountability because birth, like death, is a deeply personal
social and family event and does not fit the doctors' disease model.
So today the medical monopoly of maternity services is coming into
question and the witch-hunt is
one means of reasserting the orthodox doctor's control. Choice and
freedom for health care consumers are at issue here. In the USA and
UK, consumers of health care have been asserting themselves for some
time. The claim is made that the obstetrician must protect the best
interest of the fetus by overriding any woman's choice not approved by
orthodox
obstetricians. As pluralistic health care systems increase in Europe,
so will consumer choice; the witchhunt is one way of limiting that
freedom of choice."
==
"Through Irish Eyes - Midwifery Today conference report," by Marie O
Connor. MIDWIFERY MATTERS, Winter 1999, Issue No. 83
http://www.radmid.demon.co.uk/irisheyes.htm
"BRITISH MIDWIVES lag behind midwives in other countries when it comes
to professional autonomy. Speaking at a conference on evidence-based
midwifery in London organised by Midwifery Today, Dr Marsden Wagner
said that New Zealand midwives topped the league of 14 industrialised
countries. They were followed by midwives in The Netherlands, Denmark
and the UK. British midwives, however, were ahead of Swedish,
Canadian, US, and German midwives."
"New legislation on midwifery in 1990 had given New Zealand midwives
powers comparable with those of family doctors in maternity care.
Irish midwives, whose colleagues were on the verge of a national
strike ballot in Ireland, were ranked 11th in the table. They listened
disbelievingly as Marsden Wagner told his audience that New Zealand
midwives were paid the same flat fee for birth as obstetricians and
general practitioners. Midwives in Canada are also paid the same fee
for maternity care as obstetricians and family doctors, a speaker from
Ontario pointed out."
==
A letter to Patricia E. Chase, M.D. from Faith Gibson, LM, CPM,
Executive Director, ACDM, California College of Midwives. (December
31, 2002)
http://www.collegeofmidwives.org/Dr_Chase_lttr_Jan03.htm
Excerpts:
"Legislative History: California midwives have been working with
Senator Figueroa for the last three years in an attempt to amend the
LMPA so that midwives would be able to be fully compliant with our
licensing law. Prior to the passage of the LMPA in 1993, non-nurse
midwives in California introduced seven separate legislative bills and
worked for 17 years to get a midwifery licensing law passed. Midwives
want to be professionally licensed and we want to be able to be in
compliance with the provisions of that licensure. Despite 25 years of
earnest efforts to bring these things about, LMs in California cannot
currently comply with the physician supervision provision as
physicians uniformly and almost universally are unable to provided the
mandated supervision (due to malpractice carrier restrictions) or
unwilling to do so (see copy Norcal letter May 1999). California
midwives have merely gone from being prosecuted for practicing
midwifery without a license to charges of practicing licensed
midwifery without a physician supervisor."
"One of our concerns about the Washington State Home Birth Project
proposal as communicated in the October 6th letter is how LMs would
manage those situations in which the midwife was directed by the
regulation to ?consult? with physicians but local physicians continued
to refused to provide any such consultation, either by phone or
otherwise. The enclosed a copy of a letter by Norcal specifically
forbids physician under contract with Norcal Mutual to provide any
advice to licensed community midwives, either by phone or in person,
lest they be "accused" of having a de facto supervisory relationship
with the midwife and thus create vicarious liability for the
malpractice carrier. This particular letter specifically addresses
emergency situations by saying that the only advice that insured
physicians may render in an obstetrical emergency is to recommend that
she call 911. Period."
"LMs don?t have to "consult" with a physician in order to avail our
clients of emergency medical services. In order for regulations
requiring the midwife to consult with a doctor to work, we must either
have doctors who will answer their phones and provide their
consultative services or we need a regulatory mechanism to acknowledge
this situation - for example, a directive to the LM to file a formal
?incident report? each time this occurs so that the midwife can
establish her good faith attempt to comply and the medical
professional?s refusal to perform."
"Undue Influence of Organized Medicine: This deplorable and dangerous
situation which blocks midwives and mothers from appropriate medical
services was brought about on purpose by organized medicine for its
own political purposes. At first glance, physician supervision
(including mandatory consultation) seems to be a sensible and
beneficent stepping stone to guarantee timely and appropriate entrance
to medical care. In reality physician supervision, as currently
interpreted, is a stumbling block that prevents childbearing women who
are seeing a licensed midwife from receiving preventative and
essential services from physicians in their community."
==
"Midwifes."
http://www.inuulitsivik.ca/aa_sages_femmes_e.htm
Describes how midwives are valued in the Inuit communities of Canada,
with many doctors appreciative of their services, unlike in the
"southern" portion of Canada.
********
NURSES
********
"Advancing the battle for nursing autonomy," by Christopher
Guadagnino, Ph.D. Physician's News Digest. (October 1999)
http://www.physiciansnews.com/spotlight/1099.html
"Rep. Patricia H. Vance (R-Cumberland County) has introduced HB 50 in
the Pa. Legislature, which describes the basic practice of
professional nursing, allows certified registered nurse practitioners
(CRNPs) the ability to have prescriptive powers......
=
"Balancing nursing autonomy with quality of care," by Donald H. Smith,
M.D. President Pennsylvania Medical Society. Physician's News Digest.
(November 1999) http://www.physiciansnews.com/commentary/1199.html
"Currently in Pennsylvania, the Board of Medicine regulates the
practice of medicine. While advanced practice nurses (APNs) claim that
HB 50 would not change the scope of practice for any nurses, HB 50
eliminates the regulatory authority of the Board of Medicine and would
permit APNs to practice medicine independently of a physician,
performing diagnosis and treatment, and unspecified invasive
procedures, and prescribing virtually all drugs."
=
Nurse prescribing regulations, Part I. Regulations need to be less restrictive
By Christopher Guadagnino, Ph.D. Physician's News Digest.
http://www.physiciansnews.com/spotlight/900.html
=
"Nurse prescribing regulations, Part II. Medical society ready to
compromise," By Christopher Guadagnino, Ph.D. Physician's News Digest.
(September 2000)
http://www.physiciansnews.com/spotlight/900rose.html
===
"Controversy in the Operating Room - Doctors vs Nurses in the OR," by
Dean Smith (NY Times - October 8th, 2000 ) Last Updated: January 30,
2004 http://www.nepeanicu.org/Drvsnurse.htm
Excerpt:
"Two interrelated medical professions, physician anesthesiologists and
nurse anesthetists are locked in a turf war over who may do what, in
what setting, under whose supervision and for what pay.....The fight
has been brewing since 1997, when the Health Care Finance
Administration, the agency that decides what Medicare will and will
not pay for, first proposed lifting a federal rule requiring that
nurse anesthetists be supervised by physicians."
"There's no comparison" between the two disciplines, she said.
Anesthesiologists, she said, typically have eight years of education,
four in medical school and four in specialized training, while nurse
anesthetists usually have a four-year nursing degree plus two years of
specialized training. When a crisis brews, Dr. Still said, "the
physician takes control; they're the most qualified person in that
operating room." As she sees it, that is how it should be: having an
unsupervised anesthetist in such a situation "definitely could
jeopardize a nurse's career while jeopardizing a patient's safety."
"But the anesthesiologists association is having a difficult time
proving the point conclusively."
******************
ACCOUNTANTS/CPA'S
******************
Restrictions
------------
"Alternative Society of Accountants," by Todd Boyle.
http://www.ledgerism.net/altCPA.htm
Todd Boyle highlights the restrictions placed on CPA's who desire to
work in a small business capacity.
"I argue that local CPAs should be allowed to practice without
mandatory CPE, mandatory peer review, mandatory high-cost GAAP /GAAS
subscriptions from self-interested private organizations."
====
Unauthorized Practice of Law
------------------------------
Report from Foonberg Law, Jay G. Foonberg, Esq. (May 1999)
http://www.foonberglaw.com/aba/finasst/report.html
Attorneys speak out against CPA's and other non-lawyers practicing law!
"Control of lawyers in public practice by non lawyers cannot be
permitted. A lawyer, controlled by a non lawyer, may be placed in a
position of irreconcilable conflict as between the profit and loss of
the employer and the needs of the client and the public.
"The practice of law by non lawyers is the practice of law whether it
be by ** CPA's, notaries or "consultants", or any group which has not
passed a bar examination."
=====
"UNAUTHORIZED PRACTICE OF LAW (UPL): LAW RELATED SERVICES PROVIDED BY
NONLAWYER PROFESSIONAL SERVICE ENTITIES," by James M. McCauley. Ethics
Counsel, Virginia State Bar
http://www.vsb.org/profguides/upl/accountantsUPL2.htm
A dated article discussing the practice of big accounting firms in
Europe and implications for the US.
"In recent years, the "Big Six" accounting firms(1) entered into the
legal services market overseas by establishing, acquiring, or forming
ties with law firms around the world. Unlike the United States, many
European countries do not prohibit partnerships and fee splitting
arrangements between lawyers and nonlawyers. The February 1998 issue
of the American Bar Journal published an article entitled "Squeeze
Play" describing a turf war between the major accounting firms and
lawyers practicing law in Europe."
See also:
"Law firms' competition coming from accountants," by Rick Desloge. St.
Louis Business Journal (January 15, 1999)
http://www.bizjournals.com/stlouis/stories/1999/01/18/focus5.html
"Lawyers see new competition on the horizon. It's the accounting
practices, primarily the Big Five, taking a bite of legal work. So
far, the Big Five and other accounting firms are using their staff
attorneys for tax work. But law firms see the accountants stepping
closer to entering the courtroom."
=====
"Accountants push further onto law firms' turf," by Robert Mullins.
The Business Journal (August 1999)
http://www.bizjournals.com/milwaukee/stories/1999/08/09/focus3.html
=====
"Accountants Can Form Business Entities Without Practicing Law," by
Stephen R. Elias, Attorney AICPA (April 2004)
https://www.cpa2biz.com/News/Selected+Features/Accountants+Can+Form+Business+Entities.htm
"Creating a corporation, a limited liability company or other business
entity involves considerable paperwork. Although it can be quite legal
in nature, it usually does not require in-depth legal knowledge. Not
surprisingly, then, many accountants perform this type of work
themselves rather than referring their clients to a lawyer. And why
not? The task is something that is well within their
competence-especially if they have access to a service provider or
self-help product (more about these, below). Still, some accountants
tread gingerly when considering this line of work because they view it
as belonging exclusively to lawyers. This is an overcautious reaction
to an important opportunity, however."
"But what about laws that prohibit the unauthorized practice of law
(so-called UPL laws)? Isn't the formation of corporate entities
something that only lawyers can legally do?"
**********************************
DENTAL HYGIENISTS AND THERAPISTS
**********************************
From "A Federal-State Partnership on Competition Policy: State
Attorneys General as Advocates." Remarks of Susan A. Creighton,
Director, Bureau of Competition, Federal Trade Commission - Before
National Association of Attorneys General 2003 Antitrust Seminar.
Washington, D.C. October 1, 2003
http://www.ftc.gov/speeches/other/031001naag.htm
"As antitrust lawyers, we know how damaging to consumer welfare such
regulation can be. In most circumstances, effective competition is
most likely to yield the optimal mix of goods and services to
consumers at the lowest cost. Sectoral regulation may be appropriate
in certain, limited applications, but it is the antithesis of
competition, with its restrictions on price, entry, and conduct. As
Chairman Muris has noted, a large and sad literature documents how
sectoral regulation often has harmed consumers by imposing needless
controls on entry, pricing, and new product development.(10)
"For example, studies of licensing in dentistry have found price
increases from 4 to 15 percent as a result of restricting supply.(11)
A study of state restrictions on the use of dental auxiliaries
(hygienists and assistants) estimated that in 1982 consumers paid
approximately $700 million more for dental services as a result of
those restrictions.(12) A survey of the literature showed that, for
the dental procedures studied, the quality of service provided by
auxiliaries is equal to that provided by dentists.(13) In eye care,
studies find price increases from 5 to 33 percent from a variety of
advertising and commercial practice restrictions.(14) These studies
also find an ambiguous effect on overall quality."
"Not only do these restrictions result in higher prices for consumers,
but frequently they do so by foreclosing entry at particularly
accessible points of entry into the economy for individuals and small
firms. Thus, rent-seeking by incumbents often involves lawyers
foreclosing entry by paralegals; dentists foreclosing entry by
hygienists; funeral home directors foreclosing entry by ambulance
drivers."
An example of South Carolina Board of Dentistry Creating Barriers for Hygienists
-------------------------------------------------------------------------------
"The administrative complaint issued last month against the South
Carolina State Board of Dentistry ("Board") also may raise state
action issues.(55) The Complaint alleges that the Board, a creation of
the South Carolina legislature established to supervise the practice
of dentistry and dental hygiene, unlawfully restrained competition in
the provision of preventive dental care.
* They did so by promulgating a regulation that unreasonably
restricted the ability of dental hygienists to deliver preventive
services, including cleanings, sealants, and fluoride treatments,
on-site to children in South Carolina schools. The Complaint charges
that the Board's action was undertaken by self-interested industry
participants with economic interests at stake, that it was contrary to
State policy, and was not reasonably related to any countervailing
efficiencies or other benefits sufficient to justify its harmful
effects on competition and consumers. A substantial majority of the
Board members are dentists, and the preventive care in question
involves services that both dentists and dental hygienists are trained
to perform."
Also see:
"FTC Charges South Carolina Board of Dentistry - Agency Alleges
Illegal Actions Deprived Children of Preventive Dental Care." Federal
Trade Commission.
Sept 15, 2003. http://www.ftc.gov/opa/2003/09/socodentist.htm
=====
"Regarding The RCDSO Proposed Order Regulation And Standards Of
Practice Relating To The Performance Of Intra-Oral Procedures By Third
Parties." College of Dental Hygienists of Ontario. (edited May 2001)
http://www.cdho.org/curr_sh.htm
=====
"Restrictions on therapists," By M. Grace. British Dental Journal.
JULY 22 2000, VOLUME 189, NO. 2, PAGE 61
http://www.nature.com/cgi-taf/DynaPage.taf?file=/bdj/journal/v189/n2/full/4800683a.html
"Despite the approval of the General Dental Council to therapists
being allowed to work in all sectors of dentistry, they have been
excluded from the changes in expanding the dental team. The apparently
inexplicable decision by the Privy Council to prevent therapists from
expanding their current duties to enable them to work in general
dental practice has created an atmosphere of indignation and outrage
among both the therapists themselves and a substantial number of
dentists."
===
Again, I truly hope these examples provide an overview of a very deep
and extremely broad subject. If I can provide further clarification,
or help you on a future question that is a bit more specific to a
single profession where I research in greater depth, please don't
hesitate to ask. I will be happy to help if I can!
Sincerely,
umiat
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