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FSMB updates medical misinformation policy

The Federation of State Medical Boards has updated its "Professional Expectations Regarding Medical Misinformation and Disinformation." In July 2021, FSMB released a statement reminding physicians of the high degree of public trust placed on them and of their ethical and professional responsibility to share factual and scientifically-grounded information - and that spreading COVID vaccine misinformation could result in disciplinary action. The updated policy includes five recommendations for state medical boards:

1. "State medical boards are encouraged to adopt a policy that clarifies board expectations
   regarding the dissemination of misinformation and disinformation by licensees.
   
2. State medical boards must retain their legislated authority to regulate the professional
   conduct of licensees in order to effectively protect the public.
   
3. When adjudicating cases regarding misinformation and disinformation, state medical
   boards are encouraged to consider the full array of authorized grounds for disciplinary
   action in their Medical Practice Acts.
   
4. When appropriate, state medical boards should consider whether there are options that do
   not involve disciplinary action that could help a licensee understand the ethical basis of
   their duty to convey accurate information to patients and the public and change or
   remediate their behavior appropriately.
   
5. State medical boards should not be dissuaded from carrying out their duty to protect the
   public by concerns about potential challenges to disciplinary decisions when these
   decisions are based on sound regulatory considerations for public protection."

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Telehealth legislation tracker tool

Manatt Health has developed a tool for tracking federal and state telehealth legislation during the COVID-19 pandemic. An executive summary is available here. A few highlights include the following:

• South Carolina allows independent social workers with a license in another state to register with the South Carolina licensing board and provide behavioral telehealth services to South Carolina patients.
• Vermont allows certain patients to request life-ending prescriptions via telehealth, with prescribers receiving legal immunity and protection from professional discipline.
• Virginia's Board of Health is directed to create a Statewide Telehealth Plan to promote the introduction and use of telehealth services.
• Twenty-one states have implemented payment parity on a permanent basis, requiring that healthcare workers are reimbursed the same amount for telehealth services as for in-person services.

Kentucky: law for military professional license

A new law in Kentucky is aimed at easing licensure burdens for military families. HB 91 waives licensing fees and renewal fees for military spouses applying for regular or temporary licenses in Kentucky.

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Louisiana: bill for out-of-state license recognition

The Louisiana Senate has approved a bill to allow licensing boards to recognize professional licenses from other states if the license is comparable to the same profession in Louisiana and to determine if any additional training or testing is required before a Louisiana license can be issued. Out-of-state applicants must have been licensed in good standing in another state for at least one year and not have any criminal or professional discipline issues - or have three years work experience if the profession does not require a license in their home state - or have two years experience and a private certification from another state. The bill does not apply to professions licensed by the Louisiana State Board of Medical Examiners, the State Board of Certified Public Accountants of Louisiana, the State Board of Architectural Examiners, the Louisiana Real Estate Commission, the State Board of Veterinary Medicine Examiners, the Louisiana Professional Engineering and Land Surveying Board, the Louisiana State Board of Dentistry, the State Board of Nursing, or the Louisiana Supreme Court. The bill now moves on to the House.

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States expand which professionals can provide abortion services

Several states have expanded or are expanding the list of healthcare professionals who can provide abortion services. With the possibility of Roe v. Wade being overturned, lawmakers in Democratic states are concerned that an influx of patients seeking abortion will overwhelm their current capacity. States are moving to allow nurses, midwives, and other non-physician healthcare workers to handle simple and early abortion procedures. States are also budgeting money for training of these providers.

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Oklahoma signs law regarding criminal history

Oklahoma's governor has signed a law requiring certain licensing boards, when reviewing applications of those with criminal history, to consider whether the crime relates to the occupation and is a threat to public safety. The law applies to five occupational licenses: scrap metal dealers, Alcoholic Beverage Control Act, motor vehicle dealers, used motor vehicle dealers, and the Micropigmentation Regulation Act.

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Michigan considers reinstating dietitian and nutritionist licensure

In 2014, the Michigan legislature repealed the licensure requirement for dietitians and nutritionists. A bill introduced in teh Senate and referred to the Committee on Health Policy and Human Services would reinstate requirements for those wishing to use the titles dietitian or nutritionist to complete a course of study accredited by the Accreditation Council for Education in Nutrition and Dietetics, pay a yearly licensure fee, pass the Commission on Dietetic Registration exam, and complete continuing education requirements.

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Connecticut: bill passed regarding applicants with prior convictions

A bill that passed both the House and Senate in Connecticut now awaits the governor's signature. The bill would require licensing agencies to consider certain factors when reviewing a licensure application of an individual with prior felony convictions: that nature of the conviction and how it relates to duties of the job, the person's rehabilitation, and the length of time since the conviction.

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North Carolina considers consolidation and compact participation

The Administrative Procedure Oversight Committee of the North Carolina General Assembly has considered a proposal to consolidate the Acupuncture Licensing Board, the State Board of Examiners of Fee-Based Practicing Pastoral Counselors, and the Board of Athletic Trainers.

The House passed a bill to allow North Carolina to join the Licensed Counselors Interstate Compact. That bill now awaits a hearing in the Senate. A bill was filed in the Senate to join the Interstate Medical Licensure Compact, but that bill has not advanced.

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Update: minimum wage for articling students in Ontario

The Law Society of Ontario has voted to implement a mandatory minimum wage for articling students (with a narrow margin of 25 in favor, 24 opposed and 1 abstention). The minimum wage requirement will come into effect during the next licensing cycle in May 2023. A report last year found that 10-15% of articling placements are below minimum wage or unpaid, with increasing education costs raising equity concerns for entering the profession. Those opposed ot the minimum wage raised concerns that smaller firms would be unable to offer articling positions if required to pay minimum wage.

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