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State restrictions on the interstate practice of dermatopathology are unconstitutional: the tissue is the issue
Author(s) -
Marsch Amanda F.,
Feinberg James S.
Publication year - 2015
Publication title -
journal of cutaneous pathology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.597
H-Index - 75
eISSN - 1600-0560
pISSN - 0303-6987
DOI - 10.1111/cup.12505
Subject(s) - dermatopathology , medicine , state (computer science) , law , constitution , subject (documents) , political science , dermatology , library science , algorithm , computer science
The regulation of the interstate practice of dermatopathology, teledermatopathology and teledermatology is the subject of discussion in many recent articles. Laws and regulations in many states complicate such interstate practice, requiring the dermatopathologist to be licensed in the state where the biopsy is taken if the dermatopathologist practices in and is licensed in a different state. To date, this discussion has been from the viewpoint of the dermatopathologist or dermatologist. But, when seen from the patient's viewpoint, its apparent that most such state regulation may be void as an unconstitutional infringement of a patient's fundamental right of unrestricted interstate travel under the Constitution of the United States of America.