CLEAR

Tennessee cannot enforce online auctioneer license law

A US District Court has issued a preliminary injunction that bars the state from enforcing a new law for online auctioneer licensing. The complaint alleged that the law violates First Amendment rights of free speech, as it does not "advance any legitimate government interest."

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Florida Board of Nursing allows use of "nurse anesthesiologist" as descriptor

Corrected*: The Florida Board of Nursing has voted to approve a petition for declaratory statement that was received from a certified registered nurse anesthetist who wanted confirmation he would not be disciplined if, as a descriptor, he also used the term “nurse anesthesiologist”. The Order on the petition has not yet been filed. The Board's ruling only applies to one individual practitioner.

Other recent examples include other healthcare practitioners using different terminology to describe their roles. The American Academy of Anesthesiologist Assistants has begun referring to its members as anesthetists, a term already in use by advanced practice nurses with specialization in the administration of anesthesia. Anesthesiologist assistants must work under the supervision of an anesthesiologist, while certified registered nurse anesthetists must work under the supervision of a physician.

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*(A previous version of this post erroneously indicated that the Florida Board of Nursing had agreed to allow an advanced practice registered nurse to use the title "anesthesiologist.")

Highlighting approaches to addressing health practitioner shortages

A report by the Association of American Medical Colleges projects a shortage of 120,000 doctors by 2030. This article highlights some approaches being implemented by hospitals and healthcare systems, including:

• launching training and residency programs in rural areas and impoverished cities and encouraging graduates to practice locally;
• employing more advanced practice professionals, such as physicians assistants, nurse practitioners, nurse anesthetists and nurse midwives, as part of care teams;
• expanding telemedicine to allow real-time examination and monitoring of patients in areas where specialists are in short supply; and
• relieving or reducing clerical burdens associated with electronic health records and introducing programs to promote mental well-being, both aimed at reducing risk of burnout and early retirement.

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UK case regarding adjournment between decision and sanction

A Court of Appeal in the UK has ruled that professional discipline tribunals do not need to adjourn between making a decision and imposing a sanction. The case involved a healthcare practitioner being removed from the register for serious misconduct and impaired fitness to practice. The registrant had been unable to attend the disciplinary proceedings and appealed the decision, claiming that the tribunal should have adjourned after the sanction stage to allow him to submit further evidence directed to remediation, insight or remorse. The Court of Appeal ruled that there is no obligation for a tribunal to adjourn before considering sanction and that, if all reasonable eforts have been taken to notify the practitioner of the hearing, it is to the tribunal's discretion whether to proceed.

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Illinois: changes to medical cannabis regulation

New legislation in Illinois makes changes to medical cannabis regulation, including expanding the type of medical professionals who can certify patients' eligibility. Advanced practice registered nurses and physician assistants will now be able to diagnose and certify patients for the medical cannabis program.

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Federal lawsuit concerning eyebrow threading regulation

The Mississippi Justice Institute has filed a lawsuit in federal district court against Mississippi's Attorney General and State Board of Cosmetology. The lawsuit claims that esthetician licensing requirements for eyebrow threaders are a violation of due process and equal protection rights because the requirements are "not rationally related to any legitimate governmental purpose." Licensing requirements for eyebrow threaders have been repealed after similar lawsuits in Texas, Louisiana, Tennessee, and Arizona.

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Ontario to regulate applied behavior analysis clinicians

The Ontario government has announced the intention to regulate clinicians who provide applied behavior analysis to people with autism. The government's goal with regulation is to establish consistent ethical and professional standards, define educational requirements, and create a complaint mechanism. The Ministry of Health and the Ministry of Social Services will be involved in the upcoming consultations.

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Federal bill related to credentialing and licensure expenses

A bill under consideration in the US Senate would allow beneficiaries of 529 college savings plans to use the funds to cover certification-related education and examinations. The Professional Certification Coalition has expressed support for the bill and has also urged Congress to expand the bill to allow 529 funds to be used toward expenses necessary to obtain or maintain certification or licensure credentials separate from preparatory education and programs.

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Social work Path to Licensure program continues

The Association of Social Work Boards' Path to Licensure program includes 11 schools for 2019. The program began in 2013 and allows schools to create customized programs to teach students about the importance of licensure and regulation for the social work profession. The goal of the Path to Licensure program is "to help social work students transition successfully to professional practice with the understanding of why regulation is an essential component of professional practice." Schools and scholars involved with the program will also conduct research related to social work regulation. This research will become part of  ASWB's social work regulatory research library.

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Vermont Sunset Advisory Committee decision on Office of Professional Regulation

The Vermont Sunset Advisory Committee is tasked with reviewing all state-run boards and panels by 2020. The Committee recently decided to honor the request of the Office of Professional Regulation to continue overseeing the state's professional licensing boards. The Committee will not review the boards under the Office of Professional Regulation.

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