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"Occupational Licensing and Asymmetric Information: Post-Hurricane Evidence from Florida," proposes that emergency regulatory measures "be extended to citizens in times of calm as well as crisis." This article appears in the latest CATO Journal, a publication of the CATO Institute, a libertarian public policy research foundation.
A Texas-based real estate broker operating nationally did not meet licensing requirements established by either the Florida Department of Business and Professional Regulations or the California Department of Real Estate. The broker sued for relief from these requirements and a district court enjoined Florida and California from enforcing their requirements on the Texas firm. Now, the U.S. 5th Circuit Court of Appeals has reversed and dismissed with prejudice this finding on the basis that the district court lacked jurisdiction over the defendants. Case Number: 05-20803, Stroman Realty, Inc. v. Antt.
The North Carolina Medical Board has drafted rules that would make public any practitioner medical malpractice judgments for the past seven years as well as all medical board disciplinary actions. Written comments on the proposed rules are being accepted at rules@ncmedboard.org or P.O. Box 20007, Raleigh, N.C. 27619-0007. Read more.
Human Trackers are trained to locate lost or missing persons, typically in wilderness areas. 2008 Sunrise Review: Human Trackers recommends against establishing a program to oversee the profession because it found no related public harm. Further, an adequate system is already in place. Colorado sheriffs, who handle search and rescue operations, have access to privately credentialed trackers and may also draw on the Colorado Search and Rescue Board's resources roster. No other state currently regulates this profession.
The legislature has passed a budget that relies on taking $200 million from boards, agencies and commissions. The legislators engaged in lengthy debate over whether to allow health-related boards to retain their reserves, but they were not exempted. Governor Bredesen says that leaving reserves with the agencies "is not necessarily in the interest of the public" and removing them will not interfere with agency operations. Read more.
The recently signed Occupational Therapy Practice Act will become effective on July 1, 2008, and applies to practitioner registration on or after January 1, 2009. The Division of Registrations, Department of Regulatory Agencies, will administer the program. Read more from the American Occupational Therapy Association (AOTA). Read SB08-152 (CRS,40.5).
For more than a decade, the American Board of Cosmetic Surgery (ABCS) tried unsuccessfully to gain specialty board approval from the Medical Board of California. The basis for the denial was the medical board's determination that ABCS’s requirements for board certification were not equivalent to those of the American Board of Medical Specialties (ABMS), which is its evaluation standard. A trial court ordered the medical board to approve the application, but California's 3rd District Court of Appeals has reversed that decision, saying that the board's decision was "rationally related to the regulatory requirements" and did not abuse its discretion. Read Case C054718.
Pharmacists should soon be able to prescribe medication for individuals with physician-diagnosed chronic illnesses such as asthma and diabetes. If the legislation passes as anticipated, it will become effective in October 2008. Currently, only Alberta permits this method of access to prescription medications.
The Illinois Department of Financial and Professional Regulation has sold lists of licensed professionals to marketers at cost for over 30 years without complaint. A state representative is now considering establishing an opt-out list for professionals who do not wish to receive sales solicitations. Read more.
Beginning July 1 2008, the Division of Corporations, Business and Professional Licensing will regulate mortgage brokers, lenders, and originators. Grandfathering of current professionals or entities is not permitted under the statute which applies to remote service providers doing business in Alaska. Read the new law and proposed regulations on the department's website.
