https://doi.org/10.1177/1077558716686889
Medical Care Research and Review
1–15
© The Author(s) 2017
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DOI: 10.1177/1077558716686889
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Empirical Research
The Extraregulatory Effect of
Nurse Practitioner Scope-of-
Practice Laws on Physician
Malpractice Rates
Benjamin J. McMichael
1
, Barbara J. Safriet
2
,
and Peter I. Buerhaus
3
Abstract
Patients can hold physicians directly or vicariously liable for the malpractice of nurse
practitioners under their supervision. Restrictive scope-of-practice laws governing
nurse practitioners can ease patients’ legal burdens in establishing physician liability.
We analyze the effect of restrictive scope-of-practice laws on the number of
malpractice payments made on behalf of physicians between 1999 and 2012. Enacting
less restrictive scope-of-practice laws decreases the number of payments made by
physicians by as much as 31%, suggesting that restrictive scope-of-practice laws have
a salient extraregulatory effect on physician malpractice rates. The effect of enacting
less restrictive laws varies depending on the medical malpractice reforms that are
in place, with the largest decrease in physician malpractice rates occurring in states
that have enacted fewer malpractice reforms. Relaxing scope-of-practice laws could
mitigate the adverse extraregulatory effect on physicians identified in this study and
could also lead to improvements in access to care.
Keywords
malpractice, legal/regulatory issues, physicians, nurse practitioners, scope of practice
This article, submitted to Medical Care Research and Review on September 19, 2016, was revised and
accepted for publication on December 1, 2016.
1
Vanderbilt University, Nashville, TN, USA
2
Lewis & Clark Law School, Portland, OR, USA
3
Montana State University, Bozeman, MT, USA
Corresponding Author:
Benjamin J. McMichael, Owen Graduate School of Management, Vanderbilt University, 401 21st Avenue
South, Nashville, TN 37203, USA.
Email: benjamin.j.mcmichael@vanderbilt.edu
686889MCR XX X 10.1177/1077558716686889Medical Care Research and ReviewMcMichael et al.
research-article 2017