Full Faith And Credit Clause Analysis
Article IV, section 1, of the constitution, requires that states honor the public acts and judicial decisions that takes place in another state called the “full faith and credit clause”. For instance, if two people are married in Atlanta and it is regulated by the law Texas has to recognize them as married even though it was not initiated in Texas. All the same if a practice is against their beliefs the states are not required to recognize the marriage. The tenth amendment is known as the reserved powers because it gives power to the states. One of the most powerful powers that states have is the ability to develop and apply health and safety rules, criminal codes, and to control the family through divorce and marriage laws. States have
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Wherever there is a direct conflict of laws between the federal and the state levels, the issue will most likely be resolved in favor of the national supremacy.
State-licensing boards choose to rely on the examinations and processes used by their respective national bodies. The result is that the license issued by the state is based on national professional standards and therefore similar to the licenses granted by all other states. States can and do exercise their prerogative to expect a bit more or a bit less, sometimes for substantive reasons and sometimes for political ones. Thus, licenses do vary from state to state but within narrow enough parameters that interstate reciprocity allows professionals to cross states lines with minimal red tape.
States relationships with one another is are also governed by the interstate compact clause Article I section 10 which states that “ No state shall, without the consent of congress… enter into any agreement or compact with another state.” Meaning that states may enter into agreements with each other subject to subject to congressional …show more content…
The purpose of licensing health care professionals is to protect the public from incompetent or impaired practitioners. Practicing medicine requires a certificate of licensure from the state in which the practitioner is working and may require licensure in the state where the patient is located. Similar laws cover other practitioners such as nurses, pharmacists, therapists and other professionals dispensing health care services. A practitioner must be licensed, or follow state reciprocity rules, prior to working in a state. In light of telemedicine, licensure requirements can be complicated. Before practicing medicine, the practitioner needs to ensure that his/her activity is legally sanctioned and
Wherever there is a direct conflict of laws between the federal and the state levels, the issue will most likely be resolved in favor of the national supremacy.
State-licensing boards choose to rely on the examinations and processes used by their respective national bodies. The result is that the license issued by the state is based on national professional standards and therefore similar to the licenses granted by all other states. States can and do exercise their prerogative to expect a bit more or a bit less, sometimes for substantive reasons and sometimes for political ones. Thus, licenses do vary from state to state but within narrow enough parameters that interstate reciprocity allows professionals to cross states lines with minimal red tape.
States relationships with one another is are also governed by the interstate compact clause Article I section 10 which states that “ No state shall, without the consent of congress… enter into any agreement or compact with another state.” Meaning that states may enter into agreements with each other subject to subject to congressional …show more content…
The purpose of licensing health care professionals is to protect the public from incompetent or impaired practitioners. Practicing medicine requires a certificate of licensure from the state in which the practitioner is working and may require licensure in the state where the patient is located. Similar laws cover other practitioners such as nurses, pharmacists, therapists and other professionals dispensing health care services. A practitioner must be licensed, or follow state reciprocity rules, prior to working in a state. In light of telemedicine, licensure requirements can be complicated. Before practicing medicine, the practitioner needs to ensure that his/her activity is legally sanctioned and