The New York City Bar Association and the New York County Lawyers Association have issued cautions to their members against dissemination of misinformation or disinformation: Attorneys should not “make claims of wrongdoing against officers of the court for which they have no factual basis, or which they know to be incorrect.” Nor should attorneys, especially in “a highly charged environment of public interest,” make comments about “the judicial processes or judicial officers” that “they know to be demonstrably misleading or palpably false.”
This article explores "the nuances in legal ethics rules regarding statements made during representation of a client and those made by lawyers not involved in the controversy," concluding that "the New York bar associations were right to rebuke flagrant falsehoods that target the very rule of law."
September 12, 2022
Bar associations address mis/disinformation
Joint statement on laws for medication access
The American Medical Association, American Pharmacists Association, American Society of Health-System Pharmacists, and the National Community Pharmacist Association have issued a joint statement raising concern about "state laws that limit patients’ access to medically necessary medications and impede physicians and pharmacists from using their professional judgment." The statement notes confusion among physicians, pharmacists, and other health care professionals about how broadly state laws will be interpreted after Dobbs v. Jackson Women's Health Organization, specifically about prescribing off-label usage of medications that have the potential to induce abortion. The statement calls on policymakers and state medical and pharmacy boards to issue guidance or regulations to clarify the legal and licensing obligations around these prescription medications to ensure that continuity of care is not disrupted.
August 18, 2022
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 the American Speech-Language-Hearing Association's response
August 04, 2021
US: Professional Insurance Agents urge repeal of Federal Insurance Office
The Federal Insurance Office Abolishment Act has been introduced in the US House with the support of the National Association of Professional Insurance Agents. The PIA has raised concern that the FIO is a threat to state-based insurance regulation, having made calls for federal regulation of mortgage insurance and for the establishment of uniform national standards for state guaranty associations.
November 11, 2020
Ontario College of Teachers: changes to professional misconduct definition
The Professional Misconduct regulation under the Ontario College of Teachers Act has been updated to include "making remarks or engaging in behaviours that expose any person or class of persons to hatred on the basis of a prohibited ground of discrimination under Part I of the Human Rights Code." Allegations of hatred, including conduct or remarks inside or outside the classroom when on duty or off, will result in an investigation by the College. The College is also developing an anti-racism and discrimination advisory guidance document and will offer an Additional Qualification (AQ) course on anti-Black racism.
October 28, 2020
US: FBI warns of scam targeting healthcare workers
The FBI's Office of Private Sector has issued a report detailing a nationwide scam targeting licensed healthcare professionals. Medical professionals have been contacted by phone, email or mail by individuals claiming to be with a state's Board of Medicine, the US Department of Justice, or the Drug Enforcement Administration and have been advised that their medical license has been suspended or that they are under investigation for illegal opioid distribution. The contacts often demand immediate payment to avoid license suspension.
July 15, 2020
Michigan to require implicit bias training for health professionals
An executive order signed by Michigan's governor will require healthcare professionals to complete implicit bias training. The requirement is aimed at addressing racial disparities and uneven health care delivery in the medical setting, as particularly evidenced by the disproportionate impact COVID-19 has had on the African-American community.
March 26, 2020
States to temporarily allow inactive healthcare practitioners to practice
The Illinois Department of Financial and Professional Regulation has announced a proclamation to allow out-of-state healthcare providers to provide medical services related to COVID-19. Licensees whose status is inactive, non-renewed or expired will also be able to temporarily restore their licenses if they meet criteria and practice under the Illinois Emergency Management Agency , Department of Public Health or a federally qualified facility.
The Pennsylvania Bureau of Professional and Occupational Affairs is also allowing inactive or retired licensees in good standing to reactivate their licenses. In-state and out-of-state healthcare providers are now also authorized to treat patients via telemedicine.
US: changes to telehealth licensing rules
In response to the COVID-19 emergency, the US Department of Health and Human Services has finalized licensure waivers to allow physicians to receive Medicare, Medicaid and CHIP payment for telemedicine services in states where they do not hold a license. At least ten states and the District of Columbia have enacted some sort of licensure waiver to allow out-of-state licensees to provide services related to COVID-19.
Philippines extends professional license expirations
The Professional Regulation Commission in the Philippines has extended the valid date of professional identification cards for all registered professionals until the community quarantine period is lifted. At that time, professionals will then have 30 days to submit their renewal applications without fine or penalty.
