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MMLU / Section 2022(a) of a state's medical licensing code provides:"For the purposes…

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question

Section 2022(a) of a state's medical licensing code provides:"For the purposes of this statute, only those persons who have graduated from an optometry school located in the state and accredited by the board of optometrists shall be licensed to conduct the practice of optometry within the state. "A doctor graduated from a school of optometry located in a neighboring state. The following month, the doctor was granted a license to practice optometry in that neighboring state by its board of optometrists. For approximately one year, the doctor was engaged in the practice of optometry in the neighboring state. Subsequently, the doctor decided to relocate his practice to the state for which Section 2022(a) applies. The doctor re-domiciled in the state, where he opened a new office for the practice of optometry. When he initially opened his office, the doctor was unaware of the state's licensing provision for optometrists. Since the doctor was a licensed optometrist for 10 years, he assumed that he could practice optometry in the state by reciprocity. The doctor received notification from the state's board of optometrists that he was illegally practicing optometry and that he must immediately cease and desist from such practice. If the doctor challenges the constitutionality of Section 2022(a) of the medical licensing statute as violating the Commerce Clause, which of the following, if factually true, is the WEAKEST defense that the state could offer?

choices

  1. The statute will help to ensure that only the most qualified optometrists practice in the state.
  2. The statute will help protect the optometrists in the state from competition outside the state.
  3. The statute will help to ensure a continuously available number of practicing optometrists within the state.
  4. The statute will help to ensure that the practicing optometrists in the state are subject to standards of a regulatory body.

subject

professional_law

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task_revision_id
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config / split
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Official source

initial import