CLEAR

U.S. Departments of Treasury and Defense identify best practices in licensing of military spouses

In their jointly-issued report Supporting Our Military Families: Best Practices for Streamlining Occupational Licensing Across State Lines the U.S. Departments of Treasury and Defense highlight the large percentage of military spouses working in regulated occupations, and the high level of interstate mobility within this population. It further identifies Department of Defense initiatives in this area and identifies measures states can adopt to assist military spouses moving across state lines. Three measures in particular are cited: 1) facilitating endorsement of an existing license issued by another state; 2) provision of a temporary or provisional license while fulfilling requirements for endorsement, or while awaiting verification of documentation; and 3) expediting application procedures.

Supporting Our Military Families: Best Practices for Streamlining Occupational Licensing Across State Lines.

West Virginia bill to authorize boards' exemption of CE requirements for some licensees

West Virginia House Bill 4104 would provide licensing boards with the authority to "exempt from continuing education requirements licensees who have been licensed for a total of twenty years or more, in this state or in any jurisdiction with licensure requirements that are substantially similar to licensure requirements in this state". The bill was approved by the House and now moves to the Senate for consideration.

Bill text

Bill tracker.

Oregon bill would recognize military training, experience in licensing requirements

Oregon House Bill 4063 would permit licensing applicants to substitute their military training or experience for what is normally required by an agency for licensure. The bill applies to more than 20 professions and occupational fields and licenses, including teachers, engineers, land surveyors, occupational therapists, athletic trainers, private security professionals and investigators. The bill's sponsor, Representative Julie Parrish, commented that the bill "is designed so that transferability of a veteran’s skills is recognized in the civilian work after separation from the military,” noting that, “Many times, soldiers have difficulty explaining their training and skills in civilian speak, because the methodology of military training doesn’t always line up perfectly with a university liberal arts degree or trade school program in a community college.” The bill has been approved by the House and now moves to the Senate for consideration.

House Bill 4063

Bill tracker.

Illinois begins implementation of fingerprint vendor licensing

Pursuant to Public Act 95-613, Illinois has begun to accept applications for licensure from fingerprint vendors. Applicants must be at least 18, have completed an Illinois State Police (ISP)-approved training course, posses equipment approved by the ISP, and have a fingerprint vendor (other than the applicant) send their fingerprints for a background check by ISP.  The background check includes a ‘good moral character’ requirement. Licensees will be required to comply with ISP fingerprinting equipment and software specifications.   Vendors must further show proof of minimum of $1,000,000 in general liability insurance.

Program details.

CME mandates increasing; education on prescribing controlled substances often required

The American Medical Association (AMA) has reported that an increasing number of states are mandating that physicians study certain topics as part of their Continuing Medical Education (CME) requirements. Several states mandate education regarding the prescription of controlled substances, while others require physicians study domestic violence and the effects of an aging population. Amednews.com reports that at least 16 states mandate topics for CME study, with eight states requiring new and additional topics in the last five years.

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CME overview by state.

Missouri court affirms $6.2 million award against state chiropractic licensing board

Missouri's Court of Appeals has reaffirmed a jury's decision to award $6.2 million to a licensee, finding that "Board members failed to conduct a thorough and impartial investigation before filing a formal complaint against Dr. Edwards' chiropractic license, that the Board members were grossly negligent, and that such gross negligence directly caused or directly contributed to cause damage" to the licensee. The case of Edwards vs. Gerstein relates to the case of a Missouri chiropractor who was accused of falsely telling a man he was cured of HIV. The ruling from the Court of Appeals disagreed that the Board is not required to conduct a thorough investigation before lodging a complaint, and that they are only charged with protecting the public. The opinion, written by Judge James Welsh states, "While we agree with the board members that the public's protection is the primary purpose of professional regulation, we do not agree that means the board members owe no other duties to anyone else," he wrote.

Edwards vs. Gerstein

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UK meta-regulator to conduct strategic review of nursing and midwifery regulator

The United Kingdom Council for Heathcare Regulatory Excellence (CHRE) has been asked by government to conduct a strategic review of the Nursing and Midwifery Council (NMC), which regulates 660,000 registered nurses and midwives. The written ministerial statement concerning the request identifies an interest in "further strengthening the NMC's leadership and governance" and "plans to consult on re-constituting the NMC's council to reduce its size". The statement also makes clear that NMC's fitness to practice activities are of concern and that "the rate of improvement in this area falls below the standard that the public and registrants have the right to expect." The review is expected to take four months to complete.

Terms of reference for the review.

US HRSA requests comment on proposed merger of NPDB and HIPDB operations

The United States Health Resources and Services Administration (HRSA) has published the Notice of Proposed Rulemaking (NPRM) in the Federal Register to implement Section 6403 of the Patient Protection and Affordable Care Act of 2010.  Section 6403 will eliminate duplicative data reporting and access requirements between the National Practitioner Data Bank (NPDB) and the Healthcare Integrity and Protection Data Bank (HIPDB), and to streamline Data Bank operations.  Comments can be made at http://www.npdb-hipdb.hrsa.gov/news/news.jsp#NPRMHipdb.  with public comment open until April 16, 2012.

Section 6403 requires the Secretary of the U.S. Department of Health and Human Services to establish a transition period to transfer all data in the HIPDB to the NPDB and, once completed, to cease HIPDB operations.  Information previously collected and disclosed through the HIPDB will then be collected and disclosed through the NPDB.  The statute's intent is to transition HIPDB operations to the NPDB while maintaining reporting and querying requirements.

New Jersey launches website providing inspection data for ambulatory surgery centers

New Jersey's Department of Health and Senior Services has launched a website that provides inspection reports from 260 licensed or certified ambulatory surgery centers. THe website is to be expanded to include inspection data for additional licensed health care facilities, including hospitals, nursing homes and assisted living facilities. “We are giving consumers easy access to more information so they are empowered to make more informed health care choices,” said Health and Senior Services Commissioner Mary E. O’Dowd. “Inspection reports are another tool that consumers can use when making health care decisions.” Inspections of Ambulatory Surgery Centers are undertaken on a three yearly cycle to ensure compliance with state standards and every four years for compliance with federal regulations. In addition, inspections can be conducted in response to complaints.

New Mexico moves towards regulation of second-hand metal dealers

New Mexico's Senate unanimously approved legislation which would require secondhand and scrap-metal dealers to register with the New Mexico Department of Regulation and Licensing. Senate Bill 67, sponsored by Senator Steven Neville, would also increase restrictions on dealing with metal materials such as electrical transmission wire, transformers and bronze, with dealers required to record transactions involving such materials and to update the regulator's database, which is accessible by law enforcement officials. "This bill is intended to go after the thieves who are ripping off metal such as copper, brass, steel and aluminum off of buildings, transformers, and even manhole covers," said Senator Neville. The bill now moves to the House for consideration.