Colorado seeks to regulate funeral home professionals: Weekly regulatory news
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The Week in Brief is your weekly snapshot of regulatory news and what's happening in the world of professional licensing, government technology, and public policy. This week in regulatory news, Colorado's Department of Regulatory Agencies recommends licensing standards for funeral home professionals, Rhode Island rejoins the Nurse Licensure Compact, and more.

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Licensing legal paraprofessionals in Texas: Week in Brief
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U.S. and Canada

Colorado considers regulating funeral home professionals

The Colorado Department of Regulatory Agencies has recommended the introduction of licensing in the funeral home industry, three months after the discovery of nearly 200 decomposing bodies in a Penrose funeral home. In a new sunrise review, the department cited nearly 20 state incidents as reasons for the proposed regulations.

The proposals entail requiring professionals to graduate from a mortuary school, pass a national board exam, undergo a one-year apprenticeship, and pass a background check. Colorado is currently the only state in the country without individual licensing requirements for funeral home professionals.

Families affected by the decomposing bodies found in the Penrose funeral home have been advocating for increased regulations, specifically individual licensing for funeral home professionals. While the Colorado Funeral Directors Association (CFDA) welcomes regulation, there are concerns that new requirements could force current funeral home professionals without the necessary training to leave the industry.

Association president Joe Walsh suggests exempting existing professionals from potential new requirements. Despite the recommendations from the Department of Regulatory Agencies, the final decision lies with lawmakers, who are reportedly working on legislation to mandate individual licensing. Read more at KRDO.

Rhode Island rejoins Nurse Licensure Compact

Rhode Island has rejoined the Nurse Licensure Compact (NLC), according to the Rhode Island Department of Health (RIDOH). As of January 1, all licenses issued to registered nurses (RNs) and licensed practical nurses (LPNs) in the state are now multistate licenses (MSLs). Nurses holding these licenses will be able to practice not only in Rhode Island but also in other compact states.

The impact of this new law includes considerations for various groups of licensees. For example, current license holders in Rhode Island whose primary state of residency (PSOR) is Rhode Island are encouraged to apply for an MSL at their next license renewal date. According to RIDOH, licensees who primarily reside in any compact state should ensure they have an MSL issued by their primary state.

Importantly, the department notes that for licensees currently licensed in Rhode Island with a PSOR that is not a compact state, their license status in Rhode Island will remain unchanged, and no further action is needed. These adjustments aim to streamline licensing procedures and enhance the mobility of nurses across participating states. Read more at ABC6.

Texas commission supports proposal for licensed legal paraprofessionals

The Texas Access to Justice Commission has expressed support for a proposal to license paraprofessionals to provide legal services for low-income residents. The proposal, presented by a commission working group, gained significant backing during a recent commission meeting. The working group, formed in response to a request from the Texas Supreme Court in October 2022, sought to address issues related to paraprofessionals and nonlawyer ownership.

The group’s recommendations advocate for licensing paraprofessionals to handle legal matters in family law, probate and estate, and consumer debt law. They would be permitted to independently handle certain tasks within these areas and carry out others under the supervision of an attorney. In family law cases, for instance, paraprofessionals could handle uncontested divorce matters that do not impact the parent-child relationship or involve significant property issues.

The commission sought input from stakeholders through various channels, including surveys, focus groups, and outreach to legal entities, garnering ideas for potential opportunities, such as allowing bar exam “near passers” to become paraprofessionals and creating pro bono incentives. The commission plans to evaluate the entire report for ongoing considerations and potential next steps. Read more at ABA Journal.

Iowa legislators to consider eliminating gender balance requirements on boards, commissions

Iowa lawmakers are poised to consider repealing a law mandating equal gender representation on state boards and commissions during the upcoming legislative session. The potential repeal is expected to be part of Republican Governor Kim Reynolds’ broader proposal to consolidate and alter the functions of Iowa’s 256 state boards and commissions, which cover activities ranging from licensing doctors to advising on pesticide regulations.

The proposed change aligns with recommendations from the Boards and Commissions Review Committee, which argues that the gender-balance requirement, implemented in 1987, no longer aligns with the current landscape where women have held all of Iowa’s top public offices. The committee’s report suggests that the gender balance law restricts consideration for board appointments based on immutable characteristics rather than merit, preventing nearly half of Iowa’s population from being eligible.

The committee also recommends a 43% reduction in the number of state boards and commissions, aiming to eliminate at least 450 governor-appointed members. Iowa Department of Management Director Kraig Paulsen, who chaired the committee, suggests this will enhance the impact of remaining members, create a more consistent and effective professional licensing system, and decrease barriers to workforce entry while safeguarding public health and safety.

However, concerns have been raised about the consolidation process, with some criticizing it as favoring the governor’s preferences and potentially silencing the voices of Iowans. The upcoming legislative session, scheduled to commence on January 8, 2024, is anticipated to include discussions on these proposals, with lawmakers weighing the potential impact on various constituencies. Read more at Iowa Public Radio.

Illinois debuts new social worker licensure pathway

As of January 1, aspiring clinical social workers in Illinois now have an alternative path to licensure, which is aimed at addressing racial disparities in exam passage rates. State Senator Karina Villa highlighted the need for change after recognizing biased exam results that disproportionately impacted people of color, older adults, and individuals with disabilities.

The new law, House Bill 2365, establishes an alternative licensure path involving an additional 3,000 hours of supervised professional experience for those who do not pass the exam. The legislation seeks to create a more diverse workforce and address shortages of behavioral health professionals. Read more at ABC20.

BC Health Minister touts family medicine workforce growth

British Columbia Health Minister Adrian Dix has reported that almost all of the 666 international medical graduates registered in the province this year are now working as doctors, with over half specializing in family medicine. Amidst healthcare challenges, including hospital overcrowding and a shortage of family doctors, Dix noted that around 700 doctors who were not practicing family medicine a year ago are now working in the sector.

The shift is attributed, in part, to a new payment model reflecting time spent with patients and the complexity of their needs, as opposed to the traditional fee-for-service model. Additionally, efforts to increase the number of family doctors in B.C. have included creating spaces in medical schools for international students. The registration of international medical graduates and efforts to address healthcare gaps are part of B.C.’s multi-year health human resource strategy, with a focus on attracting and retaining healthcare professionals. Read more at the Vancouver Sun.

Manitoba nursing college reports slight increase in license renewals

The College of Registered Nurses of Manitoba has reported a slight increase in the rate of license renewals, with 95.6% of nurses renewing their licenses, up from the typical rate of 94.4 to 94.8%. However, the Manitoba Nurses Union cautions that higher renewal rates do not necessarily mean more nurses are working in the public system.

The union obtained data in June indicating over 2,800 nursing positions were vacant in the province. Nurse vacancy rates are considered a better indicator of the state of public health care in Manitoba. The union president expressed uncertainty about the number of registered nurses working in the public system, as some may be employed in private clinics.

The College of Registered Nurses of Manitoba streamlined the renewal process to address complaints and implemented a “conditional renewal option” to allow flexibility for applicants who could not meet the background check deadline. The union emphasizes that addressing nursing shortages requires a comprehensive approach beyond license renewal numbers. Read more at The Free Press.

U.K. and E.U.

Ireland contends with mass exodus of medical professionals

A significant number of Irish medical professionals, nearly 9,000, are registered in Australia as the trend of healthcare staff leaving Ireland continues. The Australian Health Practitioner Regulation reports that 2,500 applications to work in Australia were made by Irish healthcare staff this year, marking an increase of 982 from 2021.

The Irish Medical Organization has expressed concern over the recruitment freeze in the Health Service Executive (HSE), warning that it could lead new junior doctors to leave Ireland. The departure of young medics almost immediately after obtaining their license is identified as a notable change in emigration patterns, raising concerns about the potential impact on healthcare services. Read more at Red FM.

UK Payment Systems Regulator takes action on APP fraud

The UK Payment Systems Regulator (PSR) is introducing consumer protections against Authorized Push Payment (APP) fraud with new reimbursement requirement which aims to prompt a significant change in fraud prevention. Under the new rules, most of the money lost to APP fraud will be reimbursed to victims. The maximum level of reimbursement per claim will be £415,000, applicable to all consumers. The PSR also emphasized the need for consumers to exercise caution in making payments, setting guidelines for banks to consider a person not sufficiently careful. Industry compliance will be required starting October 7, 2024. Read more at Payment Systems Regulator.

Ofcom celebrates achievements over 20 years of service

Ofcom, the UK’s communications regulator, is celebrating its 20th birthday. Since its formation on December 29, 2003, Ofcom has taken on the work of several predecessors and overseen significant developments in the communications sector. Highlights include implementing a £50 million fine on Royal Mail in 2018, playing a role in introducing high-definition TV in 2010, and contributing to major advancements in broadband speeds and mobile handsets. The regulator is known for its role in broadcast standards, postal regulation, and public service broadcasting, among other areas. Read more at Ofcom’s official website.

Australia and New Zealand

Australia implements new regulations on vaping

Australia has begun implementing new regulations on vaping, aimed at restricting access to highly addictive and flavored products, particularly those marketed to young people. The reforms, which started January 1, address loopholes in existing laws, such as the importation of disposable, single-use vapes that were often marketed as “nicotine-free.” The first phase, effective immediately, includes a ban on the importation of disposable vapes, while the second phase, starting March 1, 2024, prohibits the importation of all other vapes unless importers hold a license and permit. A subsequent phase, expected in late 2024, will eliminate the retail sale of all types of vaping products. Read more at The Guardian.

Australia proposes license exemptions for Foreign Financial Service Providers

The Australian government has introduced a bill proposing Australian Financial Services License (AFSL) exemptions for Foreign Financial Service Providers (FFSPs) in Australia. The proposed exemptions, set to replace current limited connection relief and class order relief, include a professional investor exemption, allowing FFSPs to provide financial services only to professional investors from outside Australia. Another exemption, termed the “comparable regulator exemption,” applies to FFSPs providing financial services to wholesale clients with authorizations from a regulator in a jurisdiction deemed comparable by ASIC. Both exemptions require compliance with specific conditions, and the bill may come into effect on April 1, 2025, if passed. Read more at The National Law Review.

Australian Treasury offers consultation on licensing payment service providers

The Australian Treasury has released the Second Consultation Paper on the Payments System Modernization, providing details on the proposed licensing and regulatory framework for payment service providers (PSPs). The proposed regulations aim to broaden the licensing framework and are expected to come into effect with the passage of legislation in 2024. The consultation paper suggests adopting the existing Australian Financial Services License (AFSL) framework for PSPs, providing an 18-month transition period for licensing and introducing new definitions and categories for payment functions. The proposed changes will impact various payment-related industries, and submissions to the consultation are accepted until February 2, 2024. Read more at Global Compliance News.

World

Over 30 percent of Ghana teacher candidates fail licensure exam

Out of the 20,181 teachers who took the 2023 Ghana Teacher Licensure Examination (GTLE) 2&3, more than 30%, totaling 9,556, did not meet the pass mark. The National Teaching Council (NTC) announced that 52.6% of candidates passed the exams, with results officially released on December 21, 2023. The NTC provided the process for checking results, directing candidates to the NTC online portal and advising those who passed to print their provisional certificates. Read more at Citi Newsroom.

More news:

  • Ohio Governor Mike DeWine, a Republican, vetoed a bill that aimed to ban gender-affirming care, including hormone therapy and medical procedures, for transgender and nonbinary youth. The legislation, known as HB 68, also sought to prevent transgender athletes from participating in female sports.
  • The Ontario Superior Court of Justice prohibited Michael Stephen Archer from using the title “Professional Engineer” after discovering he had used the designation without holding the necessary qualifications. Professional Engineers Ontario (PEO) sought the order, alleging that Archer used the title “P.Eng” as an occupational designation in 2022 and 2023.

Also noteworthy:

Interesting opinion, commentary, and analysis from the web:

  • The Registrar, for its Fall 2023 issue, features Ascend contributor Harry Cayton in its cover story, exploring his transformative work in licensing and professional regulation. (The Registrar)
  • The Economist takes a look at how governments around the world are investing in AI as part of larger efforts to become global tech leaders. (The Economist)
  • A partner in the data privacy, security, and technology practice at Eversheds Sutherland outlines steps organizations can take to mitigate licensing risks when deploying generative AI. (Bloomberg Law)
  • Two experts on immigration and its relationship to licensure argue that allowing DACA holders into skilled professions will improve Wisconsin’s economy. (Cap Times)
  • Breaking Travel News explores how licensing can foster trust in the global gambling industry, using the Isle of Man Gambling Supervision Commission as a case study. (Breaking Travel News)
  • A world-renowned expert on AI and machine learning asks whether generative AI could potentially pass a mental health counseling certification exam. (Forbes)

Disclaimer: The thoughts, opinions, and commentary of the articles we share links to in Week in Brief do not necessarily reflect those of Ascend Magazine or Thentia. 

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Ascend Editorial Team
Written byAscend Editorial Team
Jordan Milian is a writer covering government regulation and occupational licensing for Ascend, with a professional background in journalism and marketing.