All too often, the Drug Enforcement Agency (“DEA”) asks a physician to surrender his or her DEA registration when the physician enters into a prescribing-related Agreed Order with the applicable state licensing authority. A DEA registration is important because, in order to write prescriptions for controlled substances or dispense controlled substances in-office, physicians must be registered with the DEA.

The Federal Trade Commission (“FTC”) recently released a policy paper suggesting that state legislators should be cautious when evaluating legislative proposals to limit the scope of practice of Advance Practice Registered Nurses (“APRNs”). The FTC is concerned that by imposing more stringent physician supervision requirements, APRNS are effectively being restricted by another type of health care professional (the physician) thereby denying consumers the benefits of greater competition. This is especially troubling in light of the significant shortage of primary care practitioners in the U.S. By allowing APRNs to practice without heavier regulatory burdens, access to health care can be increased and possibly lead to “lower costs, better care, and more innovation,” according to the FTC.

It is no surprise that, given the current health care climate, providers who were unregulated just a few years ago are now subject to certification and licensure requirements.