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.
October 13, 2022
August 31, 2022
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.
July 27, 2022
Colorado: out-of-state marijuana convictions
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 20, 2022
Vermont charges pharamcies with unsafe working conditions
The Vermont Office of professional Regulation is charging Walgreens pharmacies in the state with creating unsafe conditions for workers. "The allegations include untenable working conditions for pharmacists due to insufficient staff; medication and vaccination errors; stores losing track of controlled substances; and unexpected store closures without notice, leaving patients with no clear way to fill prescriptions for days at a time." The charges call for the Vermont Board of Pharmacy to revoke, suspend or discipline licenses for Walgreens pharmacies. Seventy complaints were filed by Walgreens employees, Walgreens customers, and employees of other pharmacies. The violations fall under a section of the statute added in 2021 - the unprofessional conduct statute for pharmacies.
June 22, 2022
South Carolina: medical rights of conscience law
A bill awaiting the governor's signature in South Carolina would allow licensed healthcare professionals to deny services based on their own "religious, moral or ethical beliefs or principles." The bill, known as the Medical Ethics and Diversity Act, is a medical rights of conscience law and would protect doctors, nurses, and medical students from being fired or disciplined for opting out of performing certain services. The law would not apply to emergency medical treatment or allow refusal on the basis of race.
May 25, 2022
FSMB updates medical misinformation policy
The Federation of State Medical Boards has updated its "Professional Expectations Regarding Medical Misinformation and Disinformation." In July 2021, FSMB released a statement reminding physicians of the high degree of public trust placed on them and of their ethical and professional responsibility to share factual and scientifically-grounded information - and that spreading COVID vaccine misinformation could result in disciplinary action. The updated policy includes five recommendations for state medical boards:
- "State medical boards are encouraged to adopt a policy that clarifies board expectations
regarding the dissemination of misinformation and disinformation by licensees. - State medical boards must retain their legislated authority to regulate the professional
conduct of licensees in order to effectively protect the public. - When adjudicating cases regarding misinformation and disinformation, state medical
boards are encouraged to consider the full array of authorized grounds for disciplinary
action in their Medical Practice Acts. - When appropriate, state medical boards should consider whether there are options that do
not involve disciplinary action that could help a licensee understand the ethical basis of
their duty to convey accurate information to patients and the public and change or
remediate their behavior appropriately. - State medical boards should not be dissuaded from carrying out their duty to protect the
public by concerns about potential challenges to disciplinary decisions when these
decisions are based on sound regulatory considerations for public protection."
May 04, 2022
Louisiana: conversion therapy ban deferred
A Louisiana bill that would have prohibited licensed healthcare professionals from performing conversion therapy for minors has been deferred. Opponents of the bill claimed that it violates First Amendment rights of professionals' free speech. Others argued that the elements of the bill are already covered under the medical code of ethics in do no harm.
April 20, 2022
Research: warnings to healthcare practitioners prevent repeat PHI breaches
New research published in the Journal of the American Medical Association indicates that email warnings sent to healthcare practitioners after unauthorized access to protected health information prevented a recurrence of the breach in 95% of cases. According to reports by Verizon, "insider security threats are a bigger risk than hacking in healthcare." In the trial, only 4% of employees who received the warning email repeated the unauthorized access, whereas 40% of employees who did not receive the warning repeated the offense.
April 07, 2022
Possible changes to Alberta teacher discipline structure
A bill under consideration in Alberta would create the Alberta Teaching Profession Commission that would handle conduct and disciplinary complaint matters. The Alberta Teacher's Association, which currently has disciplinary authority over teachers, has spoken in opposition to the bill.
Report released for AHPRA's administration of health practitioner registration and notification
The Community Affairs References Committee has completed an inquiry into the Australian Health Practitioner Regulation Agency's administration of health practitioner registration and notifications. The report includes 14 recommendations. One proposal is to refer low-risk notifications to health practices and services, with AHPRA only handling clinical issues relating to patient safety. Concern was raised about the stress and detrimental impacts of the current system. Another proposal would remove the mandatory requirements to report to AHPRA about a health professional's conduct if it poses a risk to the public. Concern was raised that the reporting requirements discourage health professionals from seeking help and treatment. Other recommendations include regulation of the use of the title "surgeon;" a more flexible re-entry to practice model; regulation of social workers, aged care workers, and personal care workers; simplification and enhanced education and support about notifications and other complaint pathways; and analysis and improvements in notification timeframes.
