CLEAR

President's Message by Bruce Matthews

I have recently returned from the CLEAR Mid-Year Business Meetings in Charleston, South Carolina, and I was thrilled by the dedication and enthusiasm shown by our volunteers and the committee leadership.  It was a very productive few days, and I am extremely grateful for all of the hard work of the almost 70 individuals who were able to attend.  I always come back from CLEAR events – conferences and business meetings alike – reinvigorated and full of energy regarding my role as a professional regulator and the critical work we do in serving and protecting the public interest.  There’s nothing like kicking off the New Year with a shot of regulatory adrenaline!  I am particularly enthused about the program for the 2012 Annual Educational Conference and Exhibition in San Francisco.  It’s shaping up to be a “don’t miss” event.

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Florida lawmakers consider deregulation of professions

Florida Governor Rick Scott and top legislators will look this legislative season to introduce bills aimed at reducing professional licensure requirements for interior designers and auctioneers, among others.  Supporters of the bills cite regulation as on of the primary obstacles to job growth.

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New Jersey launches prescription drug monitoring program

The state Division of Consumer Affairs has launched the New Jersey Prescription Monitoring Program, a searchable database that includes detailed information about the sale of high-risk drugs dispensed by New Jersey pharmacies or by out-of-state pharmacies dispensing into New Jersey.  State-licensed prescribers and pharmacists can obtain free accounts to search the database for the purpose of providing healthcare to current patients.  An expansion of the database in May will allow analysis of geographic areas or physicians who prescribed large quantities of certain drugs.

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Indiana proposes de-regulation of barbers and cosmetologists, among others

Indiana HB 1006 would eliminate licensure requirements for barbers and cosmetologists, dieticians, hearing aid dealers, private investigators, and security guards.  The bill is in response to the recommendation from the General Assembly's Regulated Occupations Evaluation Committee.

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Florida: swimming pool service technicians bill

Florida HB 1259 would broaden the type of work that falls under swimming pool service technician to require professional performing cleaning, maintenance and water treatment to be licensed, the same as those who perform construction, remodelling, installation or repair of equipment are now licensed.  The proposed bill would also add a requirement of 20 hours of hands-on, in-field instruction and eliminate the requirement to receive confirmation from a licensed service company before being eligible for the exam.

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Florida DBPR launches CustomerAssist program

The Florida Department of Business and Professional Regulation will be hosting a help desk at the state Capitol to offer assistance to individuals applying for a professional or business license.  Staff for specific professions and businesses will be available on specific days to offer direct support to applicants.  The Department also periodically hosts video conferencing CustomerAssist events at various locations around the state.

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Virginia: mold remover, interior designer, hair braider may be de-regulated

Following a recommendation of the Governor's Commission on Government Reform and Restructuring, Governor Bob McDonnell proposes to remove licensing requirements for mold removers, interior designers, and hair braiders.  Representatives of the Department of Professional and Occupational Regulation confirm that complaints about these professionals are rare, only 14 since 1990.  Financial impact of de-regulating these professions was noted as very minimal, as they represent only a small fraction of the licensing fees collected by the agency.

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Delaware sees "Bradley Bills" effect in increased complaint reporting, disciplinary actions

Following the passage of a series of bills in 2010, in response to the case of former pediatrician Earl Bradley who was found guilty of sexually molesting numerous young patients at his office, Delaware has reported a marked increase in complaint reporting and disciplinary actions. The cornerstone of the new laws was the following:

• A requirement that there be another adult present when the physician examines a disrobed patient aged 15 years or younger;
• A requirement that doctors, police and prosecutors receive additional training in recognizing and reporting child abuse;
• A requirement that physicians undergo the same background checks as teachers and other professionals who work with youth;
• A more robust reporting process enhanced by strengthening the Board of Medical Licensure and Discipline’s ability to police unprofessional conduct and clarifying and simplifying its administrative procedures to improve efficiency and its ability to work with law enforcement.

Such legislation has seen the disciplinary actions taken by the medical board increase from seven in 2009 to 25 in 2010. Further, more than 200 complaints have been made by those with a duty to report them from June 2010 to date.

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Regulator predicts 298,000 unemployed Filipino nurses, fewer heading to the US

The Philippines Professional Regulation Commission estimates that the number of unemployed Filipino nurses will soon reach 298,000. In response, House Bill 4582 has been introduced, aiming to establish a Special Program for the Employment of Nurses in Urban and Rural Services, which would employ 10,000 nurses in understaffed regions. Separately, the number of Filipino nurses applying for the NCLEX examination, judged to be good indicator of interest in practising in the United States, has declined from 21,499 in 2007 to 5,630 in 2011.

DC Department of Health to approve medical marijuana growers

Washington DC's Medical Use of Marijuana Initiative, which was passed in 1998, will reach its next steps by March 2012 when the Department of Health will announce who is eligible for cultivation center registrations and dispensary registrations.  The panel reviewing applications consists of a representative from the Department of Health, Metropolitan Police department, Office of the Attorney General, Department of Consumer and Regulatory Affairs, and a consumer or patient advocate.

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