The US Department of Justice has found that the Indiana State Board of Nursing violates the Americans with Disabilities Act by prohibiting nurses who are prescribed medication for opioid use disorder from participating in their Nursing Assistance Program. The rehabilitation and monitoring program is often required for nurses with substance use disorders if they wish to maintain or reinstate their license. The Justice Department ruled that "recovery and monitoring programs must allow individuals to use proven medications that support their recovery, including prescribed medications that treat opioid use disorder." The Nursing Board has been directed to eliminate the ban on program participants using medication to treat OUD and to train all staff and vendors about OUD and the nondiscrimination requirements of the ADA.
March 30, 2022
Indiana State Nursing Assistance Program found to violate ADA
March 23, 2022
Ontario: debate over articling student compensation
Th Law Society of Ontario's Professional Development and Competence Committee issued a November 2021 report recommending not to compensate articling students' minimum wage, thus relieving a burden from sole and small firms and allowing them to more easily bring on students. The Law Society argues that a minimum wage for articling students would exacerbate the problem of licensing candidates being unable to find articling jobs. The Federation of Ontario Law Associations has spoken against the recommendation. Concern has been raised that unpaid articling makes it harder for the legal profession to become more inclusive, as racialized and marginalized students often cannot work for free as they complete their requirements for entry into the profession.
March 17, 2022
Illinois: revised cannabis dispensary licensure process
New proposed rules by Illinois Department of Financial and Professional Regulation will revise the cannabis dispensary licensure lottery process, allowing for online applications for the 55 conditional licenses. The previous lottery process faced challenges, so the revised process specifies that applicants cannot have more than one lottery entry and principal officers cannot be included on more than one entry.
March 09, 2022
New Jersey proposes anti-discrimination rules
Rules proposed for the Division of Consumer Affairs "will clarify and firmly establish that discriminatory conduct, bias-based harassment, and retaliation against individuals who exercise their rights under anti-discrimination laws constitute professional or occupational misconduct that may be grounds for disciplining a professional licensee, including by suspending or revoking a professional license or certificate." The rules would apply to all 51 professions and occupations within the Division, supplementing the anti-discrimination regulations already in place at three of the boards (the Board of Social Work Examiners, the Alcohol and Drug Counselor Committee, and the Board of Psychological Examiners).
Ontario considers fate of College of Traditional Chinese Medicine
A bill under consideration in Ontario would eliminate the College of Traditional Chinese Medicine and Acupuncturists of Ontario. If the legislation is approved, all current certificates of registration and authorization would be revoked, and any active investigations of practitioners would be halted. Chinese medicine practitioners would move to a voluntary registration system under the Health and Supportive Care Providers Oversight Authority. The government claims that the current regulatory system excludes prospective practitioners who speak only Cantonese or Mandarin due to language barriers on the required examinations.
February 23, 2022
Texas governor directs agencies on gender-affirming care
Texas's governor has directed state agencies, including the Department of Family and Protective Services, to conduct investigations into the use of gender-affirming care for transgender children. The governor and state attorney general have stated the opinion that such treatments "can legally constitute child abuse," while the American Academy of Pediatrics and other medical associations support the use of gender-affirming care. The directive and attorney general opinion do not carry legal force.
January 20, 2022
Year-in-Review: 2021 Regulatory News Trends
CLEAR’s Regulatory News blog strives to bring you news and updates about what’s going on in the professional and occupational regulation arena. What were some of the trends we saw in 2021? The following is not a ranking of importance or an exhaustive list, but here are some of the themes we reported on in 2021:
- Disciplining practitioners for COVID mis/disinformation,
- Mobility,
- DEI and discrimination in regulation,
- Reducing barriers to licensure,
- Licensure issues for veterans and military members, and
- Telepractice.
Read the full year-in-review article
CLEAR will be releasing a podcast episode in February to review trends in professional regulation and hear reactions and further examples from international perspectives.
January 19, 2022
Report Released on Review of USPAP and AQB Criteria
An independent analysis of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Real Property Appraiser Qualification Criteria (AQB Criteria), funded by the Appraisal Subcommittee (ASC) and managed by CLEAR, has been completed. The report is intended to represent a comprehensive and independent review of the appraisal standards and appraiser qualifications to ensure that neither encourage or systematize bias, and that both consistently support or promote fairness, equity, objectivity and diversity in both appraisals and the training and credentialing of appraisers.
From the report: "An appraiser has the unique power to determine the value of a home, which for most Americans, is their single most important financial asset and holds the key to wealth, stability, and opportunity for their family and generations to come. In addition, home values affect the tax base, school funding, and community investments. Moreover, time and again, our nation’s economy and financial markets have been significantly impacted by home valuations, with communities of color often bearing the brunt of failings in the mortgage market and the home appraisal process. Given the importance of homeownership to American families, particularly families of color, governmental and private organizations have called for reforms and a comprehensive examination of the structure and governance of the appraisal industry.
In response to these calls for reform, we have assembled the research and recommendations in this report. We urge federal and state governmental entities, The Appraisal Foundation, the GSEs, lenders, appraisers, researchers, and civil rights and consumer advocates to work together to address the concerns raised in the report:
- Questions About the Governance of the Appraisal Industry
- Gaps in Fair Housing Requirements and Training
- Barriers to Entry to the Appraisal Profession
- Compliance and Enforcement
We hope that this report will encourage conversations among key stakeholders in the appraisal and housing industries to seek workable, sustainable solutions that benefit the whole of the housing market, including borrowers of color."
December 09, 2021
UK: General Medical Council audit report
A report of the recent audit of the General Medical Council's fitness-to-practice procedures finds that the procedures are fair, consistent and robust. The audit focused on decisions made at the preliminary screening stage of a complaint - determining whether cases meet the criteria to be opened to a full investigation. The audit found that decision makers interpreted the guidance without bias when making decisions and made decisions in line with the guidance.
November 18, 2021
Idaho: bill regarding vaccination status and occupational licenses
A bill under consideration in Idaho would protect licensure applicants and licensees from discrimination due to their vaccination status. Licensing agencies would be prohibited from denying a license "on the basis of whether the applicant has or has not received a specific vaccination, or a series of vaccinations." Licensing agencies would not be allowed to require proof of vaccination or take disciplinary action based on vaccination status.
