FTC Cautions States Against Overbroad Regulation of Nurse Practitioners

By Theresa C. Carnegie, Bruce D. Sokler, Farrah Short

On March 7, 2014 the Federal Trade Commission (FTC) issued a policy paper as part of its on-going effort to urge state legislators to open health care markets to a broader range of providers.  In its paper, the agency focused on expanding the scope of practice for advanced practice registered nurses (APRNs) and cautioned that physician supervision requirements for APRNs may harm competition among health care providers, leading to higher costs and reduced quality of care.  The FTC has a well-established role in promoting competition in health care through enforcement, advocacy, and policy agendas such as this.

For further analysis of the FTC’s policy paper and the agency’s other actions to promote increased roles for non-traditional providers, read the Alert authored by Bruce Sokler and Farrah Short of Mintz Levin’s Antitrust Practice.

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Theresa C. Carnegie

Member

Theresa advises clients on all aspects of the pharmaceutical supply chain, including counseling industry stakeholders on a range of business, legal, transactional, and compliance matters. She provides clients with strategic counseling and creative business modeling that considers legal restrictions and regulatory risk in light of innovation and business goals.

Bruce D. Sokler

Member / Co-chair, Antitrust Practice

Bruce D. Sokler is a Mintz antitrust attorney. His antitrust experience includes litigation, class actions, government merger reviews and investigations, and cartel-related issues. Bruce focuses on the health care, communications, and retail industries, from start-ups to Fortune 100 companies.

Farrah Short

Special Counsel

Farrah Short is a Mintz Special Counsel who advises clients on antitrust and competition law, including merger review, competitor collaborations, government investigations, and private class action litigation. She specializes in counseling clients through the Hart-Scott-Rodino merger review process.