[NPInfo] AMA and SOPP (Scope of Practice Partnership)

[stephanie2u at optonline.net]

I don't recall your post about Noerr-Pennington, so I must have missed it. But I read the link on Wikipedia, and I don't think the Noerr-Pennington decision would be problematic, unless I have misunderstood your post. Of course, I never went to law school. But I don't see how this particular Supreme Court decision can help MDs pass legislation as you are saying. You may be confusing statute law with case law.

Noerr-Pennington would only be a factor once a lawsuit has been filed in Federal court. If you read all the way to the bottom about the two-prong test, you can see that it is basically fair. It just means the group bringing a lawsuit alleging violation of Federal antitrust law has to have a good attorney who can craft his/her legal theories to satisfy the Noerr-Pennington test. Just like in any other lawsuit, you have to prove your case. On the other hand, if you are trying to prevent your state legislature from passing laws that restrict your practice in your state, you're talking about a totally different process. 

In any case, whether Noerr-Pennington existed or not, any group challenging the AMA would have to file suit, which is very, very expensive because of the games lawyers can play dragging things out with lots of motions and other delaying tactics to exhaust (financially and otherwise) their opponents. I don't think it  is a route any NP groups have gone or would want to go, but I could be wrong. Does anyone know?

Stephanie Walker, FNP

the AMA used all sorts of tactics against 
> Chiropractors...I believe I wrote on this listserv months ago 
> about the Noerr-Pennington Doctrine 
> (http://en.wikipedia.org/wiki/Noerr-Pennington_doctrine) ...and 
> I believe this is how they will get their SOPP agenda passed in 
> many legislatures across the country