CLEAR

Maryland: home inspector program finally underway

The Maryland legislature mandated a state home inspector program in 2001, but lack of funding prevented it from becoming operational until this summer. All Maryland home inspectors now must be licensed by 2008. Licensure requirements are 48 hours of a commission-approved training course, a high school diploma, at least $50,000 of general liability insurance, and membership in or certification by one of two approved organizations. There is no licensing examination.  Read more.

Arkansas: consolidation of boards recommended

The Arkansas Division of Legislative Audit has issued an update to the Analysis of Regulatory Boards and Social Welfare  Commissions emphasizing its recommendation for "consideration of the consolidation of regulatory boards, including the administrative and investigative functions of the boards, into a single department or division."  Read the update.

Alabama: reports on boards and commissions

The State of Alabama Department of Examiners of Public Accounts has issued several reports on the state's boards and commissions as well as an updated report on Minority Representation in Authorities, Boards and Commissions.  An observation for several boards is that a provision in their licensing laws requiring that applicants must be United States citizens may be unconstitutional. The State Pilotage Commission further requires that its applicants must be Alabama citizens.  Additional observations include that a public position created on the Board of Public Accountancy has never been filled; the statutory deadline for licensure of court reporters was not met and there is no workable deadline after which practice without a license is an offense; failure of the Board of Funeral Service to use electronic technology limits its ability; and there is no education or experience prerequisite for certification by the Board of Heating and Air Conditioning Contractors. Read the reports:
Board of Public Accountancy 
Board of Auctioneers   
State Pilotage Commission 
Board of Examiners in Counseling 
Alabama Board of Court Reporting   
Board of Funeral Service   
Board of Heating and Air Conditioning Contractors
Massage Therapy Board
Board of Podiatry 
Board of Examiners in Psychology
Alabama Real Estate Commission   
Alabama Securities Commission

Pennsylvania: scope of health professionals expanded

As part of his Prescription for Pennsylvania plan, Governor Edward G. Rendell has signed legislation permitting "certified registered nurse practitioners, certified nurse midwives and dental hygienists to practice to the full extent of their education and training."  The new laws provide for a physician to establish collaborative agreements with up to four physician assistants, gives prescriptive power to nurse midwives, defines a role for clinical nurse specialists, and allows certified registered nurse practitioners to perform specified acts of medical diagnosis in consultation with a physician and dental hygienists to provide routine dental care without the direct supervision of a dentist.  Read more.

Texas: medical board want to fingerprint docs

By September, the Texas Medical Board will require fingerprints of new applicants and physicians with disciplinary problems. The medical board currently relies on criminal background checks to prevent inadvertent licensing, but is changing its approach after a news program discovered that a registered sex offender was twice named "Doctor of the Day" by the Texas legislature. Also, the Texas Department of Public Safety found that 5,000 of 120,000 applicants for education-related positions had used an alias to conceal criminal records.  Read more.

New Jersey: chiropractors' scope limited to spine

A state appellate court has interpreted New Jersey's statute as permitting chiropractic manipulation of the spine only. For decades, chiropractors have manipulated all joints and limbs because of their presumed relationship to the well being of the spine. On the last day of the legislative session, the state Assembly passed a bill expanding the scope of practice, but the issue will not be taken up by the Senate until the fall. In the meantime, the appellate court's decision is being appealed to the state Supreme Court. Both insurance companies and the Association of New Jersey Chiropractors have advised practitioners to abide by the lower court's ruling until there is further resolution. Read the story.

Alaska: Native Tribal Health Consortium and ADA reach agreement

Following the dismissal of a case against Alaska's Dental Health Aide Therapists program brought by the Alaskan Dental Society and the American Dental Association, the Alaska Native Tribal Health Consortium and the American Dental Association have issued a joint statement of agreement on how to best work together in meeting the dental needs of the state's native population.    Read the judge's decision and a background story from inAlaska.com.

AAI Sees Sweeping Changes to Regulation of UK Legal Profession

The American Antitrust Institute (AAI) recently published a working paper detailing the sweeping changes taking place in the United Kingdom's legal professions. Overhaul of British Legal System Can Sharpen Competition tracks the development of the legislation, describes its contents and ponders its impact on the wider world.

UK Government: Prime Minister proposes regulatory reform

Following last week's announcement of a planned National Health Service (NHS) review, Prime Minister Gordon Brown has unveiled an extensive legislation package that includes reform of the NHS. The Health and Social Care Bill is intended to ensure "a stronger health and social care regulator,"  in part by establishing a body called Ofcare to replace existing, smaller regulatory bodies. In addition, it is proposed that physician regulatory bodies employ "the civil, rather than the criminal, standard of proof in disciplinary cases."   Read "Brown Plans New Health Regulation" from the BBC.

Missouri: stealth midwifery law on hold

In response to a lawsuit brought by Missouri physician groups, a judge has issued a temporary restraining order against a new law regulating midwives. A provision permitting the practice of midwifery was secretly attached to a bill on affordable health insurance that passed the legislature and was signed into law by the governor. The judge has set an August 2 hearing date on the law that is scheduled to take effect August 28. Missouri is the only state in which it remains a felony to practice midwifery, except in specific situations involving physicians.  Read more.