Erosion of Professional Medical Standards by the Supreme Court
Document Type
Article
Publication Date
7-2026
Publisher
JAMA Network
Language
en-US
Abstract
States historically have regulated the practice of medicine to ensure the integrity of professional care and protect the public from harm. Licensure implicitly promises the public, patients, and colleagues that the licensee has the training and knowledge necessary to practice and will provide evidence-based care that meets medical standards. But what happens when a clinician ignores the standard of care, or when a state tries to prevent harmful medical practices or to prevent unlicensed parties from posing as health care professionals? The answers are less straightforward than they once were. Recent US Supreme Court decisions have turbocharged First Amendment protections in ways that may shield those who provide substandard medical care, and perhaps even those providing unlicensed care. Collectively, these decisions have consequences for evidence-based medical regulation, impeding investigations of consumer deception and demanding regulatory content and viewpoint neutrality that may be both difficult and undesirable.
Recommended Citation
Nicole Huberfeld & Claudia E. Haupt,
Erosion of Professional Medical Standards by the Supreme Court
,
336
JAMA
455
(2026).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/4315
