CLEAR

Judge rules against remote proctoring room scans

A US district court judge has ruled that room scans taken before online exams are unconstitutional. The lawsuit was brought forward by a student at Cleveland State University, claiming that the room scan was a violation of Fourth Amendment rights against "unreasonable searches and seizures." The ruling states that "the student's privacy interest in his home outweighs the university's interest in scanning his room" to prevent cheating on the exam.

Read more

Ontario: right to disconnect legislation

Right-to-disconnect legislation took effect in Ontario in June, requiring employers with 25 or more employees to develop a written policy about employees disconnecting from work email and phone during non-working hours. Quebec has introduced similar legislation, and Prince Edward Island is reviewing its employments Standards Act.

Read more

Update: pushback on charges against Vermont pharmacies

In June, the Vermont Office of Professional Regulation filed charges against Walgreens pharmacies, alleging that staffing shortages and unplanned closures resulted in medication and vaccination errors that put customers at risk. Walgreens has asked a judge to dismiss the claims, stating that it is an unfair standard during the pandemic and factors outside of their control. They also argue that the statute allowing discipline against one drug outlet in a chain to be imposed on all outlets in the chain is discriminatory and a violation of due process.

Read more

New book on licensing's effects on efficiency and quality

Morris Kleiner, professor of economics at the University of Minnesota, has shared with CLEAR that his new book, Grease of Grit? International Case Studies of Occupational Licensing and Its Effects on Efficiency and Quality, will be published September 15. From the cover: “Regulating labor markets through occupational licensing could help increase service quality but is likely to also reduce labor supply and increase prices. This fascinating book examines many occupations across five countries and shows that there is no clear positive impact of licensing on quality. It is a must read for everyone interested in the practical impact of regulation—as well as those seeking reforms.”

To order a copy: https://www.amazon.com/International-Studies-Occupational-Licensing-Efficiency/dp/0880996862/

The Nurse Licensure Compact: Past, present, and future

        

CLEAR thanks our premier technology partner, Thentia, for contributing to CLEAR Regulatory News. 
The guest post below is provided by Thentia.

In the 1990s, the National Counsel of State Boards of Nursing (NCSBN) introduced the first official Nurse Licensure Compact (NLC) to address inefficiencies with the traditional state-by-state licensure system. These days, as the COVID-19 pandemic wanes, the NLC continues to make headlines as more states join in order to grant health care professionals more mobility and freedom in their work. But is this multi-state licensure compact effective? And what lies ahead for a program ultimately created to make skilled health care more available across geopolitical boundaries? We explore in our brief history of the NLC.

Read more

Overview of expanded pharmacist scope of practice

This article provides details of nine states that have expanded scope of practice for pharmacists, including analysis of which authorities granted during the pandemic have been retained. A highlighted example is California's advanced practice license, which allows pharmacists independent authority to initiate, adjust and modify drug therapy without collaborative practice agreements for pharmacists who complete advanced training.

Read more 

Ethiopia: research on hiring bodies for health professionals

A study was conducted in Ethiopia to analyze the licensing practices of healthcare professional hiring bodies. "One-fifth of recruiting bodies (20.55%) had experience in hiring health professionals without a license. Moreover, 136 (37.3%) of the health professional hiring bodies had a mechanism in place to verify the license's originality, of which, 40 (29.4%) said they found fake licenses during recruitment. Fifty-seven (15.62%) of respondents had seen a health professional being recruited without a license in their institution, and 40 (10.9%) had taken part in the recruitment of health professionals without a license. Two hundred and eleven (60.5%) of the hiring bodies had never attended or conducted training about health professionals' licenses in their institution.

About 56% of the health professional hiring bodies of Ethiopia were found to have good licensing practices and the rest 44% have poor licensing practices while recruiting health professionals in their institutions."

Read more

Canada appoints chief nursing officer

Reinstating a position that was eliminated in 2012, Canada's federal government has appointed a national chief nursing officer. The role will "provide strategic advice from a nursing perspective to Health Canada on priority policy and program areas, including health workforce planning, long-term care, home care, palliative care, mental health, alcohol and drug use, as well as input on models of care and scope of practice and competencies." Concerns have been raised about the nationwide shortage of nurses, temporary closures of departments and services, and the strain on the healthcare system.

Read more

England: new technology for community nurses

NHS England is piloting a program for community nurses to use high-tech smart goggles during home visits with patient's consent. The goggles will be able to transcribe the appointment to electronic records and share live footage with other hospital colleagues for second opinions. Nurses can also use the devices to track appointments and travel time. The goal of the pilot is to reduce time spent manually filling out forms and entering patient data.

Read more

FDA rule on OTC hearing aids

The US Food and Drug Administration has issued a final rule to establish a new category of over-the-counter hearing aids for consumers 18 years of age or older "with perceived mild to moderate hearing impairment to purchase hearing aids directly from stores or online retailers without the need for a medical exam, prescription or a fitting adjustment by an audiologist." The rule takes effect in mid-October. Guidance also clarifies the difference between hearing aids, which are medical devices, and personal sound amplification products. The rule as clarified does not preempt state laws requiring an audiological evaluation for minors.

Read more

Read the American Speech-Language-Hearing Association's response