CLEAR

Calls to discipline doctors for spreading Covid misinformation

As videos and social media posts of licensed doctors spreading false information about the coronavirus continue to gain popularity, medical groups are calling for discipline against such practitioners. The Federation of State Medical Boards has issued a statement recommending that state boards consider taking disciplinary action against doctors who share false medical claims. The American Medical Association has indicated that spreading misinformation is a violation of the code of ethics.

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CLEAR is planning to offer a webinar on disciplining practitioners for off-duty and/or COVID misinformation conduct. Look for details soon.

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.

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FSMB statement on COVID-19 vaccine misinformation and discipline

The Federation of State Medical Boards has issued a statement that "physicians who generate and spread COVID-19 vaccine misinformation or disinformation are risking disciplinary action by state medical boards, including the suspension or revocation of their medical license." They state that licensed physicians "have an ethical and professional responsibility to practice medicine in the best interests of their patients and must share information that is factual, scientifically grounded and consensus-driven for the betterment of public health. Spreading inaccurate COVID-19 vaccine information contradicts that responsibility, threatens to further erode public trust in the medical profession and puts all patients at risk.”

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UK social worker awarded damages for unfair proceedings

The European Court of Human Rights has awarded damages to a UK social worker due to findings from a proceeding that violated fairness requirements under Article 8 of the European Convention on Human Rights. The Court of Appeal found that adverse findings were made without the opportunity for the applicant to meet the allegations during the course of the trial. The findings were then shared with other local authorities and professional bodies, with adverse impact on the applicant's employment prospects and he right to respect for her private life.

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UK NMC pilots "buddy" support for fitness-to-practice investigations

A pilot program to begin in September at the UK's Nursing and Midwifery Council will offer one-on-one "buddy" support for nurse and midwives going through fitness-to-practice investigations. Practitioners can have up to ten hourly sessions with a "buddy," a registrant who has been through fitness-to-practice procedures themselves. The buddy program is part of a wider effort to make the fitness-to-practice process more people-centered and more efficient.

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Utah: practitioner disciplined for fraudulent vaccine cards

A pharmacist in Utah has been disciplined for providing completed COVID vaccination cards to patients without actually administering the vaccine. In this specific incident, the pharmacist allowed a pharmacy technician to counsel a "reluctant" patient about unconfirmed adverse reactions to the vaccine without correcting the misinformation and then gave the vaccine card to the unvaccinated patient. The disciplinary order stated that the pharmacist's actions posed a risk to the patient and others by falsely representing the patient as vaccinated.

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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.

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COVID's impact on medical malpractice and complaints

Data in Canada indicates that there have been fewer lawsuits for medical malpractice during the pandemic but more complaints to regulatory colleges. The article also notes the benefits of moving to virtual hearings for malpractice cases during the pandemic: ease of obtaining medical expert testimony, saving of travel costs, and ease of use of visual aids in online platforms.

Legislation passed in Ontario and being introduced in other provinces offers legal protection to "those acting in good faith when implementing public health guidance and any federal, provincial or municipal law in the wake of the COVID-19 pandemic." The article speculates that malpractice claims due to the pandemic will be limited. However, the number of complaints has increased, specifically related to communication issues and fair treatment during virtual care.

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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.

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UK: COVID-denying nurse removed from register

The UK's Nursing and Midwifery Council has removed a nurse from the NMC register after the fitness-to-practice panel concluded that her behavior as an anti-vaccination campaigner and COVID-denier fell "seriously short of the standards expected of a registered nurse and amounted to misconduct." The nurse's participation in protests and derogatory comments about other health professionals were outside of the nursing environment, but the panel held that the nurse had used her professional status to promote hew views, placing the public at "serious risk of harm" and undermining the reputation of the nursing profession.

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