An executive order by Colorado's governor directs the Department of Regulatory Affairs to promulgate rules such that marijuana-related convictions in other states will not be considered to disqualify individuals from professional licensure if the activity is legal in Colorado. Likewise, licensed professionals in Colorado will not be disciplined for out-of-state marijuana convictions if the activity is legal in Colorado and consistent with professional conduct and standards of care in Colorado. The order also prohibits Colorado state agencies from providing information or spending resources to aid out-of-state investigations seeking to sanction an out-of-state professional for legal marijuana-related conduct that took place in Colorado.
July 27, 2022
March 09, 2022
Delaware: newly established Human Trafficking Unit
The Human Trafficking Unit under the Delaware Department of Justice has been in full operation for one month and reports the shutdown of three illicit massage establishments. Investigations were undertaken in partnership with the Division of Professional Regulation, resulting in charges of operating an unlicensed massage establishment and felony promoting prostitution.
February 16, 2022
FSMB tracking legislation to restrict medical board authority
The Federation of State Medical Boards is tracking legislation introduced in fourteen states that would restrict a medical board's authority to discipline doctors for spreading misinformation related to COVID-19. FSMB developed a policy statement that doctors spreading COVID misinformation could face disciplinary action. FSMB maintains that the statement is merely applying COVID-specific language to a rule that has long been in place - doctors who engage in behavior that puts patients at risk can be subject to disciplinary action.
Legislation in Tennessee was directed at the medical board's COVID policy, making it more difficult to investigate complaints about COVID misinformation.
Pending legislation in Florida would ban the medical board from taking disciplinary action against a doctor for what they say unless "direct physical harm" of a patient occurred.
A survey by FSMB in late 2021 indicated that two-thirds of state medical boards had seen an increase in misinformation complaints.
January 26, 2022
Florida Senate considers bill for condo inspections
A bill under consideration by the Florida Senate would establish stricter requirements for inspections of condominiums, following the June 2021 collapse of Champlain Towers South condo. Under the requirements, buildings above certain height, square footage and age would need to be inspected by a licensed architect or engineer, first as a visual inspection and then, as needed, a structural distress inspection. A task force has raised concern that there are not enough structural engineers to meet increased inspection demand. Another proposal would require the Department of Business and Professional Regulation to create a public database of condo management companies and board members and reports from inspections.
December 09, 2021
Florida again considers bill for regulating pet sales
A bill being introduced in Florida would put stricter requirements on pet sales, with a goal to address concerns over puppy mills. The bill would require retail per stores to be licensed by the Department of Business and Professional Regulation. It would also require that stores be inspected twice per week by a licensed veterinarian.
October 07, 2021
Further cases of practitioners disciplined for COVID misinformation
Cases continue to be reported of practitioners being disciplined for spreading COVID misinformation or refusing to follow COVID guidelines. A doctor in Oregon has had his license revoked after an investigation found "8 instances of unprofessional or dishonorable conduct, 22 instances of negligence in the practice of medicine, and 5 instances of gross negligence in the practice of medicine," including not screening patients for COVID symptoms, refusing to wear a mask or require patients to do so, and advising patients that mask-wearing could led to carbon-dioxide poisoning. Read more
In Connecticut, a doctor has surrendered her medical license after an investigation found that she had been providing patients with fraudulent COVID vaccine, testing, and mask exemptions without conducting physical exams of the patients. Her license was suspended prior to her voluntary surrender. Read more
Don't miss the CLEAR webinar on Disciplining Practitioners for Off-Duty and/or COVID Misinformation Conduct on October 19. Register now
August 25, 2021
Illinois: doctor investigated for stance on mask mandate
After receiving a complaint related to a doctor's stance as a school board member on mask mandates in schools, the Illinois Department of Financial and Professional Regulation began an investigation. IDFPR's review of the complaint has concluded and will be recommended to the Medical Disciplinary Board to be closed. A state representative has filed an ethics complaint against IDFPR's actions, claiming that the investigation was heavy-handed, and requesting a public hearing on the matter.
July 15, 2021
Australia: new breach reporting obligations for financial advisers
Recent updates to the Corporations Act will create new breach reporting obligations for financial advisers. The new obligations will begin October 1 and require licensees to report a breach of the Corporations Act by an adviser to the Australian Securities and Investments Commission according to a broader range of scenarios deemed "reportable situations." There is concern that the report requirements will create additional burden for licensees. The ASIC will begin publishing an annual register of licensee level breach report data.
June 16, 2021
Louisiana bill makes changes to Board of Massage Therapy
The Louisiana Legislature has approved a bill making changes to how the Board of Massage Therapy handles applications and complaints. The board will now be required to send applicants' fingerprints to the FBI and state law enforcement for a check of criminal history. The board will also be required to place priority on any complaints dealing with unlicensed practice in an attempt to more effectively identify cases of human trafficking. The board will need to proactively check news stories for potential illegal activity and offer training to employees on how to identify human trafficking.
January 27, 2021
Texas Anti-Trafficking Unit reports on first year
The Texas Department of Licensing and Regulation's Anti-Trafficking Unit has been in operation for one year and reports receipt of 42 leads, resulting on closure of one unlicensed massage establishment and two criminal arrests. TDLR employees receive training on recognizing and responding to human trafficking situations. The ATU includes eight members, who partner with law enforcement and other agencies to conduct inspections of licensed facilities suspected on being part of human-trafficking.
