A new Health Professions and Occupations Act in British Columbia replaces the Health Professions Act to "streamline the process to regulate new health professions, provide stronger oversight, provide more consistent discipline across the professions, act in the public interest and protect patient care in the province, while also laying the groundwork to further reduce the total number of regulatory colleges.” Counselors and diagnostic and therapeutic professionals will now be regulated. The colleges for dietitians, occupational therapists, opticians, optometrists, physical therapists, psychologists, and speech and hearing professionals will be combined. The colleges for chiropractors, massage therapists, naturopathic physicians, traditional Chinese medicine and acupuncturists will be combined. A new regulatory oversight body and an independent disciplinary tribunal will be created, as well as a reformed complaints process that takes into account cultural safety and humility.
October 26, 2022
UK: report urges regulation of care staff in children's homes
The final report of the Independent Inquiry into Child Sexual Abuse recommends "introducing the regulation of care staff working in children’s homes in England and young offender institutions and secure training centres in England and Wales." The report also recommends that all professionals should be legally mandated to report child sexual abuse and face criminal sanctions for failure to do so. Mandated reporters would include police officers, social workers, family court advisers, foster carers, children’s home staff, teachers and healthcare staff working with children.
US: trends in makeup of funeral industry
The National Funeral Directors Association has indicated that 79% of this year's mortuary students are female, up from 35% in 1995, reflecting a nationwide trend of changes to the makeup of the funeral industry. The funeral industry is responding to chronic staff shortages and an aging workforce by recruiting a younger and more diverse workforce. An example in Vermont is the introduction of new and more affordable certificate programs leading to licensure.
October 19, 2022
DEA waiver and future impact on teleheatlh
At the start of the COVID-19 pandemic, the Drug Enforcement Agency waived the requirement for an in-person medical evaluation before prescribing of controlled substances as long as the prescription was for legitimate medical purposes, issued by a practitioner in the usual course of their professional practice, in accordance with federal and state laws, and prescribed following a real-time, two-way interactive telemedicine communication. This article explores what may happen to the waiver, and thus its impact on telehealth, when the public health emergency ends.
Virginia considers reduced cosmetology education hours
The Virginia Board for Barbers and Cosmetology has voted to reduce the number of education hours required for licensure from 1,500 to 1,000. As indicated by West Virginia University economist Edward Timmons, 15 other states have made similar reductions to cosmetology license hours in the past decade, with no evidence of negative outcomes of the policy change.
Guest commentary on Florida case - interrelationship of criminal case and licensure
Jon Pellett, CLEAR member and attorney with Pennington Law in Florida, offers this summary and commentary on a recent case in Florida:
Client was arrested and charged with domestic violence. In less than 30 days from the arrest, the State Attorney’s Office, looking at the circumstances that led to his arrest, declined to pursue it and the charge was dropped.
More than 60 days from his arrest, AHCA – Medicaid removed him from the program due to a law that allows them to do so on the basis of the arrest for domestic violence. It is an automatic disqualification under the law without a right to challenge it. The law at issue applies to AHCA licensed facilities and Medicaid. Once Background Screening flags the arrest, AHCA removes the individual from Medicaid and notifies facilities that the individual is not eligible to be employed or practice at the licensed facilities.
Upon notice of the flag by Background Screening, AHCA made the Medicaid removal retroactive to the date of his arrest. AHCA was unaware at the time of termination that the criminal case had been dropped. Fortunately, once AHCA was shown the decision was based on incomplete information, within days of the decision to terminate him, they reversed course and placed him back in the system as eligible and the reinstatement was done in a way to render the earlier termination null.
At the time they decided to remove him, over 80% of his practice was Medicaid. Had the termination been allowed to stand, he could have lost 80% of his practice. He would have been required to return money paid by Medicaid for services from the date of his arrest to the termination date, and he would have not been allowed to renew his medical license in Florida when it comes-up for renewal in January 2023. The interrelationship of the various statutory provisions between Department of Health and AHCA – Medicaid can cause substantial unintended harm. Being allowed to take action on the basis of the arrest without allowing some opportunity to challenge the decision, places individuals in a very precarious spot. If the criminal case had gone the regular route, the criminal case might not have been resolved before 2023. Within that time period, the parade of horribles that I outlined would have come to pass.
October 13, 2022
California: cannot discipline for off-duty marijuana use
AB2188 in California prohibits employers from taking adverse action against an employee for off-duty marijuana use. Adverse action is still authorized for employees who are impaired in the workplace. The new law goes into effect January 1, 2024.
Alberta: new learning modules for LPNs
The College of Licensed Practical Nurses of Alberta has released three new learning modules in response to nurses' and student nurses' demonstrated learning needs related to working with older people. The modules ficus on communication with older people, especially those with dementia; care of clients with continence and mobility issues; and understanding cognitive impairment and managing associated responsive behaviors.
BC proposes single regulator for lawyers, notaries and paralegals
The British Columbia government has released a proposal to create a single regulator for lawyers, notaries, and--for the first time in BC--paralegals, with the intention of making it easier and more affordable for the public to access legal services and advice. The Ministry of the Attorney General has had meetings with the Law Society of British Columbia, the BC Notaries Association, and the BC Paralegals Association. Key reforms in the intentions paper include a single regulator for all current and future legal service providers that would establish requirements and standards of practice, an election/appointment process to ensure that the board reflects all British Columbians, an adaptable licensing system to respond to the changing legal landscape, a focus on the public interest rather than membership-driven, and culturally safe support within the complaints process.
October 05, 2022
California releases proposed regulations on NP scope of practice
The California Board of Registered Nursing has released proposed regulations for two new categories of nurse practitioners with expanded scope of practice and independent authority. In order to qualify for the expanded scope, NPs would have to complete 4600 hours of clinical practice in direct patient care in the category in which the NP seeks certification. Written comments on the proposed regulations are being accepted through November 1 prior to adoption of the regulations.
