Government authorization to license individuals to provide services as Doctor of Ňedicine®
To verify the Certification Mark with the government go to www.uspto.gov Go to "Popular Links" Click on "Trademark Check Status/Documents (TSDR)" Enter Serial No. 76699108 Click on "Mark Information"
September 12, 2010
American Ňedicine Licensing Board PO Box 112083 Stamford, CT 06911 Re: The Board's licensing authority for the discipline of "Ňedicine”
The issue often raised is whether licensed ňedicine practitioners, as the direct consequence of their license are entitled to practice their profession in a given state with their license issued under Federal Registration No. 3,765,779. The certification mark specifically states that the individual "IS LICENSED TO PROVIDE SERVICES AS A DOCTOR OF ŇEDICINE” under Federal Registration No. 3,047,099.
The certification mark specifically authorizes the organization to "ISSUE OCCUPATIONAL LICENSES." According to the United States Department of Education: "National associations may set policy and regulate standards within their areas of interest and jurisdiction…and in some cases (as with accreditation) may exercise delegated power and authority." (www.ed.gov Competent Authority 06/17/04).
There is settled authority that federal law can, under certain circumstances, preempt the state’s police power to regulate the licensing of certain professions as in, Sperry v. Florida ex Rel. Florida Bar, 373 US. 379 (1963), in which the Supreme Court unanimously ruled that Sperry could not be prevented by the police power of the State of Florida from advertising and providing services as a patent agent authorized under Federal patent law. Likewise, the Supremacy Clause, invoked by Sperry, mandates that because the state does not regulate ňedicine by licensure it cannot interfere with the exercise of rights authorized by the federal government. The safety factor of the profession of ňedicine is enormous. The FloridaSunrise Act states that “no profession or occupation be subject to regulation by the state unless the regulation is necessary to protect the public health, safety, or welfare from significant and discernable harm or damage and that the police power of the state be exercised only to the extent necessary for that purpose.” Florida Sunrise Act § 11.62(2)(a)(b) F.S. (1993). To verify the Certification Mark with the government go to www.uspto.gov Go to "Popular Links"Click on "Trademark Check Status/Documents (TSDR) "Enter US Serial No. 76699108 Click on "Mark Information"