Regulatory News (CLEAR News Online)

The latest news from the regulatory community. Archived headlines and reports can be viewed at
  • 20 Sep 2013 11:07 AM | Adam Parfitt (Administrator)
    Media reports suggest a new nursing license in Illinois is taking approximately 34 days to be issued, with other professions also affected by agency retirements and reassignments. Responding to the report, the Illinois Department of Financial and Professional Regulation said "We are trying to work with new assignments and new technology to get back on track and to get little bit faster about licensing. We like to get closer to 15 days for all professions."
  • 20 Sep 2013 11:06 AM | Adam Parfitt (Administrator)
    As part of a UK government review into the regulation of legal services, the Legal Services Consumer Panel, which provides independent advice to the Legal Services Board (the regulator of lawyers in England and Wales), has published its submission "Breaking the maze; Simplifying legal services regulation". The report expresses concern that the current system "does not provide a sustainable model in the long term to offer consumers the best system of consumer protection or support a competitive market place.” The submission proposes the creation of a single regulator of legal services to provide “full independence from the profession, giving consumers confidence that regulation is protecting them, not lawyers.”

    Report: Breaking the maze; Simplifying legal services regulation

  • 20 Sep 2013 11:06 AM | Adam Parfitt (Administrator)
    One of the central responses to the UK's Mid Staffordshire NHS Foundation Trust Public Inquiry has been to propose the creation of a statutory "duty of candour" for healthcare providers and practitioners. This call appears in the Francis Report (published in February 2013) and again in the more recently published (August 2013) Berwick Review on patient safety. Among the latter report's recommendations are the following:
    • recognise with clarity and courage the need for wide systemic change
    • abandon blame as a tool and trust the goodwill and good intentions of the staff
    • reassert the primacy of working with patients and carers to achieve health care goals
    • use quantitative targets with caution - they should never displace the primary goal of better care
    • recognise that transparency is essential and expect and insist on it
    • ensure that responsibility for functions related to safety and improvement are established clearly and simply
    • give NHS staff career-long help to learn, master and apply modern methods for quality control, quality improvement and quality planning
    • make sure pride and joy in work, not fear, infuse the NHS

    The law firm Kingsley Napley provide an interesting overview of developments in a recent blog posting.

  • 20 Sep 2013 11:05 AM | Adam Parfitt (Administrator)
    A report from Idaho's Legislative Audits division has expressed concern that over fiscal years 2009-2012 (inclusive) "One-third of the boards served by the Bureau of Occupational Licenses report negative cash balances totaling almost $622,000." The report continues that "seven of the boards have had a negative balance for more than three years and, of those, the negative cash balance has increased for three of the boards. These negative cash balances are supported by the positive cash balances of the remaining boards. The total cash balance for all the boards in the Occupational Licenses is almost $3.1 million; over half of this positive cash balance is due to one board." In its response, the agency noted that "Simply stated, the current approach of using one account and one appropriation provides boards with a continuity of operations in carrying out their mandate to protect the public while ensuring stability in fees for licensees."


  • 16 Sep 2013 1:34 PM | Adam Parfitt (Administrator)

    The U.K. Nursing and Midwifery Council (NMC) has agreed a model for revalidation, for introduction by the end of 2015. Revalidation will take place at the time of renewal and will incorporate feedback from stakeholders, including clients, patients and colleagues. Registration will continue to be renewed every three years, with a declaration that the nurse has practised for 450 hours during this time. Continuing professional development (CPD) requirements will be reviewed, and additional guidance about appropriate CPD activity will be provided.

    Press release.

  • 16 Sep 2013 1:34 PM | Adam Parfitt (Administrator)

    U.S. Congressional hearings on recent marijuana legislation passed in Colorado and Washington have heard that the U.S. Federal Government does not have a solid case on which to challenge the state laws. Deputy Attorney General James Cole told the Senate Judiciary Committee that it may be wiser to preempt state licensing and regulation of marijuana businesses, however should such action prove unsuccessful, the industry could be left unregulated. On August 29 the Justice Department published a memo limiting enforcement efforts to cases that are related to eight federal concerns, including sales to minors, drugged driving, and diversion to other states. If Colorado and Washington are judged not to be addressing these issues appropriately, action might occur at a later date.

  • 16 Sep 2013 1:33 PM | Adam Parfitt (Administrator)

    California's Supreme Court is hearing the case of an illegal immigrant who has successfully earned a law degree, and completed the state bar exam, and who now wishes to receive a license to practice. The test case involves Sergio Garcia, an undocumented Mexican immigrant, who wishes to practice law in California. The case rests on the interpretation of a 1996 law that prohibits the expenditure of public funds for the benefit of illegal immigrants.The law has been interpreted as extending to state government spending on professional licensing programs. Mr. Garcia has the support of the State Bar and State Attorney General, but is opposed by the U.S. Justice Department. A decision is expected within 90 days. Meanwhile, California Assembly Bill 1024, which would permit the state Supreme Court to license qualified applicants as lawyers, regardless of their immigration status, passed the state Assembly, having previously passed the Senate. It is not clear whether Governor Brown will sign the legislation.

  • 02 Sep 2013 11:55 AM | Adam Parfitt (Administrator)

    Legislation which would require doctors to verify their academic, employment and disciplinary records through an independent provider before receiving a license to practice, has been filed in Illinois. State Representative Mary Flowers has introduced the proposed revision to the state's Medical Practice Act in the wake of the case of Dr. Anthony Garcia, who has been charged with the murder of four people, and who was able to hold a medical license despite failing to complete two residencies and being excluded from another program for "substandard" behavior. The bill would require the state to check with the Federation Credentials Verification Service (FCVS), a service offered by theFederation of State Medical Boards. The state is also exploring requiring all Illinois residency programs to notify the regulator when a resident physician fails to complete a residency and the reason for this failure.

  • 02 Sep 2013 11:55 AM | Adam Parfitt (Administrator)

    The Delaware Division of Professional Regulation (DPR), which supports 35 boards and commissions, has been recognized by the Interactive Media Council, Inc. (IMC) with its Outstanding Achievement Award. IMC, a nonprofit organization comprised of leading Web content professionals, recognized the agency's Professional License Search (PLS), which is also available as a mobile app


  • 02 Sep 2013 11:54 AM | Adam Parfitt (Administrator)

    The Conseil interprofessionnel du Québec (CIQ) (the association of professional orders of Québec) has published a research paper on disciplinary pardons, which are not currently used in Québec's professional system, but are utilized in other Canadian provinces and in the United States. The paper concludes with reflections about the way the use of pardons may affect labour mobility across Canada, and the degree to which they reflect societal values, and expectations regarding access to information.

    A Reflection on Discplinary Pardons

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