Welcome to the Nexus of Ethics, Psychology, Morality, Philosophy and Health Care

Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label License. Show all posts
Showing posts with label License. Show all posts

Monday, September 16, 2019

Sex misconduct claims up 62% against California doctors

Vandana Ravikumar
USAToday.com
Originally posted August 12, 2019

The number of complaints against California physicians for sexual misconduct has risen by 62% since the fall of 2017, according to a Los Angeles Times investigation.

The investigation, published Monday, found that the rise in complaints coincides with the beginning of the #MeToo movement, which encouraged victims of sexual misconduct or assault to speak out about their experiences. Though complaints of sexual misconduct against physicians are small in number, they are among the fastest growing types of allegations.

Recent high-profile incidents of sexual misconduct involving medical professionals were also a catalyst, the Times reported. Those cases include the abuses of Larry Nassar, a former USA Gymnastics doctor who was sentenced in 2018 for 40-175 years in prison for molesting hundreds of young athletes.

That same year, hundreds of women accused former University of Southern California gynecologist George Tyndall of inappropriate behavior. Tyndall, who worked at the university for nearly three decades, was recently charged for sexually assaulting 16 women.

The info is here.

Monday, July 22, 2019

Thomas Fisher on The Ethics of Architecture and Other Contradictions

Michael Crosbie
www.archdaily.com
Originally posted June 21, 2019

Here is an excerpt from the interview between Michael Crosbie and Thomas Fisher:

MJC: Most architects don’t give serious consideration to ethics in their design work. Why not?

TF: The revision of AIA’s Code of Ethics requiring members to discuss the environmental impacts of a project with the client really gets at that. In the past, architects have been wary to have such discussions because it questions the power of the client to do whatever they want because they have the means to do so. Architects have been designing for people with power and money for a very long time. It’s easier to talk about aesthetics, function, or the pragmatics of design because it doesn’t question a client’s power.

MJC: “The pursuit of happiness” is a very strong idea in American culture. How do architects balance serving clients—in their “pursuit of happiness” through architecture—with the greater good of the community?

TF: In ethics, “the pursuit of happiness” is often misunderstood. Utilitarian ethics states that you strive to make the greatest number of people happy; the 18th-century philosopher Jeremy Bentham promoted “the greatest good for the greatest number.” But ethics is also about understanding how others view the world, and how our actions affect the lives and welfare of others. The role of professionals is to look after the greater good. Licensure is a social contract in which, in exchange for a monopoly in providing professional services, the professional is responsible for the larger picture. Designing to satisfy someone’s hedonistic “pursuit of happiness” without regard to that bigger picture is unethical behavior for an architect. It violates the social contract behind licensure. I think an architect should lose his or her license for an action like that. Such an action might not be illegal, but it’s unethical. Ethics is really about our day-to-day interactions with people in the realm of space, public and private.

The interview is here.

Monday, January 8, 2018

Advocacy group raises concerns about psychological evaluations on hundreds of defendants

Keith L. Alexander
The Washington Post
Originally published December 14, 2017

A District employee who has conducted mental evaluations on hundreds of criminal defendants as a forensic psychologist has been removed from that role after concerns surfaced about her educational qualifications, according to city officials.

Officials with the District’s Department of Health said Reston N. Bell was not qualified to conduct the assessments without the help or review of a supervisor. The city said it had mistakenly granted Bell, who was hired in 2016, a license to practice psychology, but this month the license was downgraded to “psychology associate.”

Although Bell has a master’s degree in psychology and a doctorate in education, she does not have a PhD in psychology, which led to the downgrade.

The article is here.

Wednesday, October 25, 2017

Physician licensing laws keep doctors from seeking care

Bab Nellis
Mayo Clinic New Network

Despite growing problems with psychological distress, many physicians avoid seeking mental health treatment due to concern for their license. Mayo Clinic research shows that licensing requirements in many states include questions about past mental health treatments or diagnoses, with the implication that they may limit a doctor's right to practice medicine. The findings appear today in Mayo Clinic Proceedings.

“Clearly, in some states, the questions physicians are required to answer to obtain or renew their license are keeping them from seeking the help they need to recover from burnout and other  emotional or mental health issues,” says Liselotte Dyrbye, M.D., a Mayo Clinic physician and first author of the article.

The researchers examined the licensing documents for physicians in all 50 states and Washington, D.C., and renewal applications from 48 states. They also collected data in a national survey of more than 5,800 physicians, including attitudes about seeking mental health care.

Nearly 40 percent of respondents said they would hesitate in seeking professional help for a mental health condition because they feared doing so could have negative impacts on their medical license.

The article is here.

The target article is here.

Tuesday, April 11, 2017

Welcker v. Georgia Board of Examiners of Psychologists

Legal Decision

Synopsis: Georgia State Board of Psychology is permitted to deny a license to an applicant, when the applicant's doctoral program does not meet the residency requirement, and, without substantial hardship.

Here are two excerpts:

Neither the Board's decision to deny Welcker a license nor their denial of her petition for waiver can be considered a contested case. Georgia law allows the denial of a license without a hearing where an applicant fails to show that she has met all the qualifications for that license. OCGA § 43-1-19 (a). Therefore, because no hearing was required by law before the denial of Welcker's license, the Board's denial of Welcker's license application does not present a contested case subject to judicial review.

The Board's decision to deny a petition for waiver also cannot be considered a contested case. OCGA § 43-1-19 (j) explicitly states that the "refusal to issue a previously denied license" shall not be considered a contested case under the Administrative Procedure Act and "notice and hearing with the meaning of the [Act] shall not be required"; however, the applicant "shall be allowed to appear before the board if he or she so requests." Nevertheless, such rulings are expressly made subject to judicial review under OCGA § 50-13-9.1 (f), which provides that "[t]he agency's decision to deny a petition for variance or waiver shall be subject to judicial review in accordance with Code Section 50-13-19."

(cut)

The Board denied Welcker's petition for waiver on two grounds: (1) her failure to meet the appropriate residency requirements "as per the Board rules in effect in 2007" and (2) her failure to prove a substantial hardship resulting from strict application of the rule.

The ruling is here.

Friday, December 5, 2014

Psychologist in "Kids for Cash" Scandal Surrenders License

By Roger DuPuis
The Times Leader
Originally published November 12, 2014

The psychologist brother-in-law of disgraced former Luzerne County judge Michael T. Conahan has given up his license for “gross incompetence, negligence or misconduct” carrying out his past work evaluating juveniles in the county court system, state officials said Wednesday.

The Pennsylvania Board of Psychology said Frank James Vita, of Dorrance Township, “grossly deviated from ethical and professional standards” after reviewing 76 of the cases he had handled.

Vita once was linked to the county’s “Kids for Cash” judicial scandal in a civil suit that alleged he conspired with Conahan and fellow former judge Mark Ciavarella to perform evaluations that led to juveniles being incarcerated in facilities in which the judges had a financial interest.

The entire article is here.

Wednesday, October 2, 2013

New bill breaks down telehealth barriers

By Eric Wicklund
Healthcare IT News
Originally published September 13, 2013

A bill introduced in Congress this week would enable healthcare providers to treat Medicare patients in other states via telemedicine without needing different licenses for each state.

The "TELEmedicine for MEDicare Act", or HR 3077, was introduced Sept. 10 in the House by Reps. Devin Nunes, R-Calif., and Frank Pallone, D-N.J. Nicknamed the TELE-MED Act, it seeks to update current licensure laws "to account for rapid technological advances in medicine," according to its sponsors.

“By reducing bureaucratic and legal barriers between Medicare patients and their doctors, it expands medical access and choice for America’s seniors and the disabled,” Nunes said in a statement.

The entire story is here.

Thursday, August 15, 2013

Sherman and Rowes: Psychological Warfare (Licensed) in Kentucky

By PAUL SHERMAN  AND JEFF ROWES
The Wall Street Journal
Originally published July 16, 2013

Was Dear Abby a career criminal? Can "The Dr. Oz Show" show be censored? Absolutely—at least according to the Kentucky attorney general and the state's Board of Examiners of Psychology, which just banned one of the most popular advice columns in the United States from all of Kentucky's newspapers.

This act of censorship has forced a showdown in federal court over one of the most important unanswered questions in First Amendment law: Can occupational-licensing laws—which require the government's permission to work—trump free speech? Some government licensing boards, which function increasingly as censors, certainly think the answer is yes.

The entire story is here.

Thanks to Don McAleer for this story.

Tuesday, June 11, 2013

Prominent Hilton Head psychologist’s license revoked; Sex with patient alleged

By Alice Stice
The State (South Carolina News Site)
Originally published May 31, 2013

A prominent Hilton Head Island psychologist has had his license permanently revoked for having a sexual relationship with a patient that included intimate encounters in his office, according to an order from the S.C. Board of Examiners in Psychology.

Dr. Howard Rankin, a psychologist, neuropsychologist and author who has been featured in the national media, admitted the relationship to an investigator from the S.C. Department of Labor, Licensing & Regulation and is barred from practice after an April disciplinary hearing before the board, records show.

Rankin has been featured as an expert on addiction, weight loss and other fields in The Wall Street Journal and Los Angeles Times, and has appeared as a guest on CNN and ABC’s “The View” and “20/20.”

He declined to comment for this article.

According to the board’s order, a female patient diagnosed with borderline personality disorder and post-traumatic stress disorder began seeing Rankin for therapy in 2005. The patient, referred to only by her initials in the order, had attempted suicide on several occasions and had been hospitalized for psychiatric treatment more than once, the order says.

The entire story is here.

Saturday, May 25, 2013

VETS Act Expands Veterans Access to Care, Protects Patient Safety

The American Telemedicine Association strongly supports the proposed Veterans E-Health and Telemedicine Support Act (H.R. 2001,) lauding it as a key step in improving healthcare quality by minimizing regulatory barriers for interstate telemedicine.

Press Release
The American Telemedicine Association
Originally published May 16, 2013

The American Telemedicine Association voices its strong support for the new Veterans E-Health and Telemedicine Support Act (H.R. 2001) as one key step in lowering regulatory barriers to 21st century healthcare. The bi-partisan bill, introduced by Representatives Charles Rangel (D-NY) and Glenn Thompson (R-PA) and cosponsored by 21 Members of Congress, would permit U.S. Department of Veterans Affairs health professionals to treat veterans nationwide with a single state license.

This bill, known as the VETS Act, builds on the unanimous congressional enactment of the 2011 STEP Act (Servicemembers' Telemedicine and E-Health Portability Act,) which provides a similar provision for healthcare providers in the U.S. Department of Defense. A similar licensing rule for patients and providers of Medicare, Medicaid and other major federal health programs was included in a comprehensive telemedicine bill submitted by Rep. Mike Thompson (D-CA) in December 2012.

“These bills are a simple way, while preserving the states’ role to license, to address shortages of medical specialists, to improve patient access to the best qualified physicians, and to accommodate mobile Americans and multi-state health plans,” said Jonathan Linkous, Chief Executive Officer of the American Telemedicine Association. “They accommodate both patient choice and patient safety. We would like to see a similar act for all federal patients and providers.”

Presently, most providers who practice interstate telemedicine must be licensed both where the patient and provider are physically located. Such regulation increases the cost of healthcare and is an artificial barrier, favoring the business interests of local physicians over patient choice. Some state medical boards are even imposing stricter licensing requirements for telehealth providers than they do for in-person care, such as requiring a prior face-to-face examination for each and every case.

“Access to quality healthcare is, ultimately, the foremost safety issue for the patient,” concluded Linkous. “It’s time that we allow patients to make an appointment and see a qualified licensed health provider regardless of where the patient or provider is located."

About the American Telemedicine Association

The American Telemedicine Association is the leading international resource and advocate promoting the use of advanced remote medical technologies. ATA and its diverse membership, works to fully integrate telemedicine into transformed healthcare systems to improve quality, equity and affordability of healthcare throughout the world. Established in 1993, ATA is headquartered in Washington, DC.

For more information visit http://www.americantelemed.org.

Saturday, July 2, 2011

Psychologist admits to romance with inmate


Paul Walsh for the Star Tribune
A psychologist had a summertime romance with an inmate she was counseling, the state Board of Psychology determined, prompting the panel to revoke her license for at least 10 years.
In findings released Thursday, the board found that Nicole Holman, 33, of St. Paul, admitted to state Department of Corrections investigators that she and the inmate began their sexual relationship in June 2010 while she was providing therapy to him as part of the chemical dependency program.
While the board's report didn't disclose where Holman worked, state records show that she was at the Lino Lakes prison at the time of the relationship. The name of the inmate also was not disclosed.
According to the board:
Holman and the inmate "engaged in sexually explicit dialogue" in telephone conversations last summer. One call refers to the inmate "spanking" Holman. Two other calls refer to when the inmate exposed himself to Holman, "presumably during a therapeutic session."
In a three-week period from late July to mid-August, the inmate called Holman's cell phone 106 times.
Holman can apply to have her license restored in 10 years.
Prior to working with the Department of Corrections, Holman was employed with Hennepin County as a child-protection social worker, according to county records.
A telephone message was left Thursday afternoon with Holman seeking a reaction to the board's ruling.

Friday, June 24, 2011

Psychologist Seeks Return of License

By Colman Herman
CommonWealth
June 22, 2011



A female psychologist is asking the state's Supreme Judicial Court for her license back even though she violated one of the cardinal rules of her profession by having sex with a former patient.

The standard punishment for someone in the medical and related professions who has sex with a patient or former patient is permanent revocation of his or her license. Officials at several of the boards that oversee health professionals said they couldn’t recall an instance where a practitioner who had sex with a patient failed to lose his or her license.

But Brookline psychologist Mary O'Neill says she deserves another chance. She acknowledges beginning a sexual relationship with her patient, Eric MacLeish, just weeks after his therapy sessions ended, yet says her license shouldn’t be permanently revoked because her lapse in judgment was caused by a marriage that had collapsed.

O’Neill petitioned a single justice of the Supreme Judicial Court to review her license revocation by the Board of Registration in Psychology.  Subsequently, she and the board jointly asked the full court to hear the case, which it agreed to do. Oral arguments are scheduled for this fall.

O’Neill is arguing that the psychology board “arbitrarily and capriciously” refused to consider the mitigating evidence she presented. Rather than revoking her license, she says the board should have suspended her license for a year and then allowed her to resume work on a probationary basis for a year. She says she would continue to receive personal psychotherapy and have her work supervised by a peer. O’Neill also says she would do 100 hours of community service.

The psychology board’s regulations adopt the code of conduct of the American Psychology Association. The code states that “psychologists do not engage in sexual intimacies with current therapy clients/patients” nor with “former clients for at least two years after cessation of therapy.” Beyond two years, sex between a psychologist and patient is permitted only if the therapist can prove there has been no exploitation. The regulations also say it is not a defense to say the patient consented. The regulations were crafted to prevent psychologists from exploiting the tremendous power they often have over their patients and former patients.

In its April 2010 decision, the psychology board held that O’Neill’s marriage crisis “no doubt exacted a significant emotional toll” on her and that her “marriage crisis can be understood to have ‘clouded’ her judgment.” But the board nonetheless revoked her license, saying her care was the “antithesis of treatment” and her “conduct abrogates a basic tenet of the psychology profession: trust.”

The entire article can be found here.

Thanks to Ken Pope for this story.