CLEAR

US Lawyer Discipline Data Published

The Center for Professional Responsibility of the American Bar Association has released the results of its 2003 lawyer discipline survey showing that regulatory bodies took action against 3,725 lawyers for professional misconduct during that year.

Fifty five lawyer disciplinary agencies were surveyed and all responded to the questionnaire.  The resulting data is presented online in eight spreadsheets, one for each of the following categories:

Lawyer Population and Agency Caseload Volume
Sanctions Imposed
Reinstatement and Readmission Statistics
Disciplinary Agency Caseload Statistics
Case Processing Time Guidelines
Budget Information and Sources of Funding
Allocation of Dues and Fees in State Disciplinary Systems
Staffing of Disciplinary Agencies

Go to the Survey on Lawyer Discipline Systems  (the results of the 1998-2002 surveys are also available here).

Chiropractic services dropped from Ontario plan

Through the Ontario Health Insurance Plan (OHIP), The Ministry of Health and Long-Term Care covers the cost of health services it deems medically necessary.  In an effort to trim the high cost of the OHIP program, it was announced last May that physiotherapy, optometry and chiropractic services would be eliminated on March 31, 2005.

Last week, the government said it will now expand funding for physiotherapy services, retain funding for routine eye examinations, and completely elimnate coverage for chiropractic services. Dr. Dean Wright, President of the Ontario Chiropractic Association, "reacted with shock" upon learning of the funding available for the other professions scheduled for delisting. He asked that Premier McGuinty consider the needs of the 1.2 million chiropractic patients in the province.     Read Government reverses physiotherapy delisting

CICA/CMA Canada Merger Plans Stopped

The Certified Management Accountants of Canada (CMA Canada) and the Canadian Institute of Chartered Accountants (CICA) have discontinued discussions of a merger between the two professional organizations. Both groups say they will continue to be guided by the direction given in the 2004 document Strategic Crossroads for the CA Profession.

Joint press release

Fertility Specialist Loses License Over Cover-Up

Because of his failure to notify a woman in 2000 that he had implanted embryos belonging to another couple inside her, the Medical Board of California has revoked fertility specialist Steven Katz's license to practice. Not only did he fail to admit the error upon discovery, but he covered up the situation for a year after the mistake. There is an ongoing custody fight for the child who was produced as a result of the mixup.

Read License revoked for embryo-mixup in the San Francisco Chronicle online

US Supreme Court Declines Casket Sales Case

The US Supreme Court will not consider the question of whether an Oklahoma state law requiring licensed funeral directors to handle casket sales is constututionally discriminatory. This refusal upholds a 10th US Circuit Court of Appeals decision that it is not a judge's job to "second-guess" laws designed to protect consumers. In 2002, the 6th circuit court declared a similar Tennessee law unconstitutional.

The attorney for an Internet retailer who sued the Oklahoma Board of Embalmers and Funeral Directors and pushed for the Supreme Court hearing wrote that the board's decision "was arbitrary at best, blatantly protectionist at worst."

Read more:
Supreme Court Won't Review Oklahoma Casket-Sales Law
Brief of the Funeral Consumers Alliance as amicus curiae  (No. 04-716 in the Supreme Court of the United States)

Tennessee Boxing Requirements Strengthened

Stricter enforcement of professional boxing rules, revised regulations and the prospect of new legislation add up to a change for the better says Robert Gowan, assistant commissioner for the Tennessee Department of Commerce and Insurance. Among other changes, temporary fight permits will no longer be issued to boxers on the night of a fight, but must be applied for a full day before the event to give the department an opportunity to research a boxer's background.

Read "State fights reputation as lax on boxing rules" in the tennessean.com

Alaska Education Board Considers Requiring Videos, Tests

The state's students are held to standards, so it is only fair to require the same of its teachers says the the Alaska State Board of Education which is is considering performance-based licensure requirements. Under the proposed system, a new teacher will receive a three-year certificate and then would need to pass a content test and submit two 45-minute videos to receive a permanent license. Critics are concerned that the board, which plans to vote on the plan in June, is moving too quickly to accomplish its intended purpose of ensuring that teachers not only know their subject matter but also can deliver it to students.

Education Board Considers Licensure Requirement - Anchorage Daily News
Teacher Licensing May Get Overhaul - Fairbanks Daily News-Miner

Florida Lawyers Want Docs to Have Insurance

Under current law, a Florida physician who doesn't have medical malpractice insurance is considered personally liable for judgments up to the amount of insurance that practitioners normally carry. If there is a failure to pay a judgment, the medical board can take away a license to practice medicine. Florida trial lawyers support a bill that would prevent doctors from "going bare" (as the practice of of not carrying malpractice insurance is called) while the Florida Medical Association opposes the measure.

Read Attorneys, docs going to war again in the Orlando Business Journal

University of Minnesota suspends OT Program

The University of Minnesota has suspended its Master's program in occupational therapy and may do the same with its medical technology program. One likely reason for suspending the occupational therapy program is that it has not generated significant research funding. Concerned that the state may face a shortage of practitioners in these areas, State Senator John Marty has introduced a bill to the Minnesota Senate Higher Education Committee intended to fund the University of Minnesota’s occupational therapy and medical technology programs for the next two years.

Read more at mndaily.com

New Brunswick Accountants Challenge Quebec System

The association of certified general accountants of New Brunswick is challenging the system governing public accounting practice rights in Quebec under the Internal Trade Agreement.  A press release issued by the Ordre des comptables agréés du Québec, the oversight body for Quebec's 17,000 Chartered Accountants, says that CAs are the only accounting professionals who must complete a rigorous two-year training period in a public accounting firm before obtaining their designation.  Claude Gauvin, FCA, chair of the ordre, said “While this matter is directed first and foremost to the Quebec government, it concerns CAs’ exclusive right to practice public accounting under the Quebec Chartered Accountants Act.  I therefore assure you that we will monitor the situation closely.”

Press Release
Ordre des comptables agréés du Québec