Pennsylvania considers licensing for behavioral analysts: Weekly regulatory news
Weekly regulatory news for Oct. 11
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. Pennsylvania considers licensing for behavioral analysts, California governor signs contentious nursing home licensing bill, Ontario reviews educational and training requirements for brokers, and more in our weekly look at regulatory news.

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Pennsylvania considers licensing for behavioral analysts

Legislation sponsored by Pennsylvania state Rep. Thomas Mehaffie (R-Dauphin) would create licensing criteria for applied behavioral analysts and assistants in the state, adding oversight to the discipline and expanding access to services for patients. Pennsylvania is one of about 20 states that doesn’t license board certified behavioral analysts, which makes their treatments more difficult for some patients to access and afford because health insurance often will not pay for them. HB19 passed the House with bipartisan support in February but has not moved out of the state Senate Consumer Protection and Professional Licensure Committee since then. A spokesperson for Gov. Tom Wolf – who has been a staunch opponent of new professional licensure requirements – said that the governor’s office has expressed concerns about the legislation’s potential to “significantly limit capacity for children receiving Medical Assistance who are in need of behavioral services.” However, advocates say that licensing could open up the benefits of applied behavioral analysis therapy to a much wider range of patients because providers would be able to negotiate payments with health insurance companies. Read more from the Kilgore News Herald.

California governor signs contentious nursing home licensing bill

Gov. Gavin Newsom recently signed into law a controversial bill aimed at fixing aspects of California’s broken nursing home licensing system. Assembly Bill 1502 was drafted to address serious problems with the state’s nursing home licensing system, which is overseen by the California Department of Public Health, but the new legislation has divided nursing home advocates. Proponents, such as Dr. Michael Wasserman, chair of public policy for the California Association of Long Term Care Medicine, call it “an incredibly positive step forward,” saying it will close a loophole that allows nursing home operators to run a facility without first receiving a license and will also require the Department of Public Health to look at an applicant’s track record over several years before granting a license. But opponents, including the bill’s original sponsor, California Advocates for Nursing Home Reform, are taking issue with amendments made to the final legislation, specifically concerning a loophole related to background checks on applicants. While the original language required the department to look at applicants as well as associated persons or entities, the final bill only focuses on the applicants themselves, which allows people to file new applications under a unique limited liability corporation. Read more in the Business Journal.

Ontario regulator considers harmonized standard for insurance broker licensing and MGA carve-out

The Registered Insurance Brokers of Ontario (RIBO) is working with the Canadian Insurance Services Regulatory Organizations (CISRO) to review property & casualty agent and broker education and training requirements to make recommendations regarding a harmonized standard. The outcome could be a single, common curriculum which would outline the educational and training aspects for P&C agents and brokers (but not necessarily the exam aspect). Advocates are also urging RIBO to consider a ‘carve-out’ to reflect the unique nature of Managing General Agents (MGAs), who are essentially licensed as brokers by RIBO and are subject to the same minimum requirements (with some exceptions). Steve Masnyk, managing director of the Canadian Association of Managing General Agents (CAMGA), argues that MGAs should not be lumped in with brokers because of their unique role, as they do not trade with the consumer, public, or insured. Masnyk has proposed a carve-out that would use CAMGA’s code of conduct as a framework and consider the delegated underwriting authority arrangements between carriers and MGAs. Read more in Canadian Underwriter.

Michigan to enforce electronic prescribing requirements starting 2023

A statement by the Michigan Department of Licensing and Regulatory Affairs (LARA) issued on Oct. 3 confirmed that the Bureau of Professional Licensing (BPL) expects to begin enforcement of Michigan’s electronic prescribing standard as of January 1, 2023. The mandate requires all prescribers – unless they meet specific exceptions or obtain a waiver from BPL saying they cannot meet the requirements – to electronically transmit all prescriptions for controlled and non-controlled substances. BPL’s enforcement of the electronic prescribing standard will coincide with the Centers for Medicare & Medicaid Services’ (CMS) enforcement schedule for Part D prescription drug programs. Read more about the requirements, exceptions, and tips for prescribers interested in starting the electronic prescription of controlled substances on the Michigan State Medical Society (MSMS) website.

Crypto needs more rules and better enforcement, regulators warn in new report

The Financial Stability Oversight Council, the Treasury Department-led federal panel responsible for monitoring financial system risks, sounded the alarm about cryptocurrency markets in its first major report on cryptocurrencies released Oct. 3. Published in the wake of wild swings in price and serious losses in the cryptocurrency industry over the past months, officials hope the report will serve as a guide for lawmakers and regulators as they develop a more comprehensive regulatory framework for crypto markets. The panel urged all agencies, including the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission, to prioritize crypto enforcement and recommended that Congress provide regulatory agencies with more resources to police crypto. Among the report’s recommendations were introducing new legislation to increase oversight of crypto tokens like Bitcoin and Ethereum that don’t explicitly fall under the jurisdiction of the SEC or any other agency; creating a new authority that would give Washington better visibility across the entirety of crypto businesses; and introducing new rules that address how crypto exchanges and platforms expand. Read more in the New York Times.

More news:

  • British Columbia’s Liquor and Cannabis Regulation Branch will begin accepting Producer Retail Store (PRS) license applications on November 30. The license will allow micro cultivators, standard cultivators, and nurseries to sell their products at their own production facilities or sites. The province has not yet provided any information on when licenses will be awarded and when stores will be able to open under a PRS license.
  • The Law Society of Ontario (LSO) has denied a paralegal license to an ex-police officer who masterminded a $3.1-million armored vehicle heist in 1998. Piero Perciballi had numerous run-ins with the law after he was paroled for the robbery in 2001 and ended up serving a second incarceration for two counts of fraud in 2014. LSO’s tribunal was unconvinced that Perciballi had undergone the counseling or rehabilitation necessary to prevent future offences and denied his application for a paralegal license on the grounds that he is not of “good character.”
  • The College of Physicians and Surgeons of B.C. is investigating the conduct of a family doctor alleged to have spread COVID-19 misinformation and taken part in a violent display against provincial leaders during the pandemic. Dr. Daniel Yoshio Nagase – who is no longer a registrant with the college – is alleged to have publicly expressed that Ivermectin is a safe, effective treatment for COVID-19 and that vaccinations are unsafe, among other misleading and inaccurate statements. A hearing date will be posted to the college’s website when it is set.

Also noteworthy:

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Ascend Editorial Team
Written byAscend Editorial Team
Ariel Visconti researches and writes on government and politics, regulation, occupational licensing, and emerging technologies.