As the curtain draws on another year, 2023 has been pivotal for legislative reforms impacting hiring practices and workplace policies nationwide. Employers navigating the intricate landscape of background checks, drug testing, and equitable employment procedures have witnessed a transformational year marked by the emergence of laws concerning clean slate, fair chance hiring, ban-the-box initiatives, pay equity and transparency, and the ever-evolving landscape of marijuana legalization. For employers, staying informed and adapting to these shifting legal frameworks has become imperative.

Clean Slate Laws

In 2023, the landscape of clean slate legislation saw significant developments across various states and jurisdictions. These laws aim to provide opportunities for reintegration into society by expunging or sealing certain low-level or non-violent offenses from a person’s record after a prescribed period, assuming the individual has maintained a clean record.

Noteworthy 2023 Clean Slate Legislation

Leading the nation in criminal history reform, California extended automatic clean slate relief to felony-level offenses after a remarkably short period of four years. This law significantly broadens opportunities for most defendants with non-violent felony convictions to seek expungement, even those with serious felony offenses who can petition the court.

Despite its intention to provide broad automatic expungement for most non-violent felonies and misdemeanors, Connecticut faced challenges in accurately identifying and expunging eligible offenses. As of now, only cannabis-related offenses are automatically expunged, leaving other criminal records accessible in court systems and reported to employers.

Starting January 1, 2024, Idaho permits petition-based expungement of non-violent misdemeanors and felony possession after five years following sentence completion, focusing on relatively minor offenses for sealing.

Recently signed legislation in New York expands clean slate laws by automatically sealing eligible cases, eliminating the need for expungement applications. Misdemeanor offenses are sealed three years after sentence completion, while eligible felony convictions are sealed eight years after release, except for specific exclusions like Class A felonies.

Set to amend existing laws by July 1, 2025, Virginia will automatically seal marijuana offenses while allowing petition-based sealing for underage possession of alcohol and disclosure of records related to mistaken identity or unauthorized use of identifying information.

Arizona, Utah, and Washington, DC: These states operate petition-based processes for expungement, allowing eligible individuals to seek relief for various non-violent misdemeanors and felonies after specific waiting periods.

California Fair Chance Act Revisions

In December 2022, the California Civil Rights Department proposed substantial changes to the Fair Employment and Housing Act (FEHA) regulations, leading to the California Fair Chance Regulation set to become effective on October 1, 2023. This regulation impacts employers conducting criminal background checks, emphasizing a need for a thorough review of hiring practices to comply with the new mandates.

The California Fair Chance Act provides that employers are not legally obligated to check the criminal histories of job applicants or current employees, but if they choose to do so, they must adhere to the legal limitations specified. Employers mandated by law to conduct criminal background checks can do so before offering employment, while others can perform these checks after extending a conditional offer. However, all employers must conduct an individualized assessment before making adverse employment decisions based on an applicant’s criminal conviction history. Revisions in 2023 to the Fair Chance Act broaden the scope of impacted workers and employers and require an enhanced individualized assessment process.

The definition of “applicant” has been expanded to include existing employees seeking different positions within their current organization. Additionally, the term “employer” now covers not just direct employers but also entities acting as agents, staffing agencies, or those obtaining workers from availability lists. The regulation prohibits exclusionary statements in job ads or applications and mandates evaluation based on qualifications rather than biased judgments regarding criminal history.

Employers must conduct an enhanced individualized assessment considering the offense’s nature, the time elapsed since the offense, and the job’s nature. The regulation offers guidance by introducing non-exhaustive considerations for each factor. While employers cannot demand specific evidence of rehabilitation, applicants can voluntarily provide evidence like their conduct during incarceration, employment history post-conviction, or participation in rehabilitative efforts. Applicants may disclose factors contributing to the offense, including trauma or disabilities, and employers must fairly evaluate this information to provide applicants a fair chance to demonstrate their qualifications.

Chicago Ban-the-box Amended

In April 2023, Chicago introduced an amended ban-the-box ordinance, imposing new restrictions on how employers use criminal records in job screening. The ordinance mandates that Chicago-based employers, regardless of size, provide pre-adverse and adverse action notices when utilizing criminal history for employment decisions. Employers must now conduct individualized assessments considering factors such as the relationship between the offense and the job, the severity of the offense, rehabilitation efforts, and more. This more stringent approach applies even if employers already comply with Illinois’ Job Opportunities for Qualified Applicants Act. Notably, the amendment entails specific content requirements for adverse action notices and includes harsher penalties for violations, emphasizing the need for Chicago employers of all sizes to stay updated on these changes.

Pay Equity and Transparency

As employers conduct employment verifications as part of their pre-hire process, a fundamental shift in the landscape of hiring practices emerged in 2023 with the advent of stringent pay transparency laws across several jurisdictions. Pay equity measures champion the cause of equal pay for equal work, often prohibiting inquiries about a candidate’s former compensation until later in the hiring process. However, the crux of pay transparency laws demands open disclosure from employers regarding their compensation structure for various organizational roles. A pay analysis must be conducted to establish minimum and maximum salary ranges for each position and subsequently sharing this information in job postings or advertisements.

Notable 2023 Pay Equity and Transparency Legislation

California stands as one of the frontrunners in wage transparency laws. The state’s mandate requires employers to divulge minimum and maximum pay scales for all job postings within the state, affecting employers with fifteen or more employees. This comprehensive move aims to empower candidates and employees, promoting informed decision-making and closing wage gaps.

Colorado, under its Equal Pay for Equal Work Act effective January 1, 2024, mandates the announcement or posting of all job opportunities with specific details about pay range, benefits, and application deadlines. It delineates nuanced definitions like career development and progression while also focusing on post-selection notices to employees.

Hawaii passed a law effective January 1, 2024, compelling employers with 50 or more employees to disclose hourly rates or salary ranges in job listings, exempting certain positions and internal transfers. This law accentuates the importance of equal pay for similar work and prohibits discrimination based on protected categories.

Effective January 1, 2025, Illinois lays down stringent guidelines for employers with fifteen or more employees, requiring pay scale disclosure in job postings and announcing promotional opportunities within fourteen days of external job advertisements.

New Jersey’s Temporary Workers Bill of Rights is a pivotal step in ensuring fairness for temporary workers. It requires such workers to be paid similarly to employees performing substantially similar work at the client’s site, including the average cost of benefits, significantly impacting employers engaging temporary workers.

Rhode Island, Washington, New York, and Albany County in New York have each implemented their unique wage transparency laws, all revolving around the fundamental principle of disclosing salary ranges for job applicants and current employees. These laws emphasize prohibiting the use of a job applicant’s wage history information, promoting fairness, and discouraging pay discrimination.

Cannabis Legalization

As the legal landscape regarding marijuana continues to evolve, employers across various industries are facing new challenges in adapting their policies and practices. In 2023, significant legislation regarding the legalization of marijuana for either medical or recreational use has brought about considerable shifts, prompting employers to reassess their workplace policies and, in some cases, approaches to drug testing.

Notable 2023 Cannabis Legislation

California’s AB 2188 introduces critical protections for individuals engaging in off-duty cannabis use. Employers are barred from discriminating against employees based on non-psychoactive cannabis metabolites found in drug tests unless impairment at work is demonstrated. Exceptions exist for safety-sensitive positions and specific federal regulations. Notably, the law does not permit cannabis use or impairment on the job, emphasizing an employer’s obligation to maintain a drug-free workplace.

Similarly, Washington’s SB 5132 offers protections against adverse actions based solely on off-duty cannabis use that doesn’t affect job performance. Employers are cautioned against testing for non-psychoactive cannabis metabolites in pre-employment screenings, with exceptions for specific roles and safety-sensitive positions. The law emphasizes an employer’s right to maintain a drug-free workplace and adhere to federal regulations.

In light of restrictions on testing for non-psychoactive cannabis metabolites in California and Washington, employers may consider oral fluid testing as an alternative. This method detects recent drug use, including psychoactive cannabis metabolites, providing insights into impairment rather than historical usage. Oral fluid testing offers a detection window of a few hours to days post-consumption, aligning with identifying recent cannabis use and impairment more effectively.

Delaware’s recreational marijuana law took effect in the second quarter of 2023, offering no specific protections for recreational users. However, the state permits medical marijuana use and requires employers to reasonably accommodate such use. When faced with positive drug test results for marijuana in Delaware, employers need to discern if the individual is a recreational or medical marijuana user to take appropriate action.

Kentucky passed a medical marijuana law effective from January 1, 2025. Contrary to some other states, this law does not mandate employers to accommodate medical marijuana use. Employers retain the right to conduct drug tests for marijuana and take adverse employment actions against individuals testing positive, including prohibiting registered medical marijuana users from certain safety-sensitive roles. The law also allows employers to contractually prevent vendors from assigning workers who use medical marijuana.

This summer, Maryland joined the states legalizing recreational marijuana. Despite this change, both Maryland’s existing medical marijuana law and the newly enacted recreational law offer no explicit employment protections for cannabis users. Consequently, there is minimal impact on employers in terms of accommodating or altering drug testing policies for marijuana.

Washington, DC, implemented the Cannabis Employment Protections Act, effective July 13, 2023. This act prohibits adverse personnel actions against individuals for off-premises cannabis use during non-work hours. However, the law’s practical application remains limited due to funding constraints preventing enforcement by the DC Office of Human Rights. While employers are barred from penalizing individuals solely based on cannabis use or presence in a drug test absent symptoms of impairment, there are numerous exceptions, including safety-sensitive positions and workplace possession or impairment.

Parting Thoughts

As they bid farewell to 2023, employers stand at the crossroads of an evolving employment landscape defined by sweeping legislative reforms. With the continued momentum behind clean slate laws, fair chance hiring initiatives, ban-the-box reforms, pay equity, transparency mandates, and the ongoing evolution of marijuana legalization laws, employers find themselves refining their processes for conducting background checks and drug tests. Meeting the challenges posed by these reforms requires not just compliance but a concerted effort toward cultivating workplaces that prioritize fairness, equity, and inclusivity in the employment lifecycle.

PUTRAJAYA: Medical gas products must be licenced and registered from Jan 1, 2023, to ensure products supplied to patients and consumers are of quality as well as safe and effective.

Health director-general Datuk Dr Muhammad Radzi Abu Hassan in a statement on Monday (Dec 11) said medical gas is used in the treatment of certain diseases or medical conditions as well as for anesthesia and diagnostic purposes.

In relation to this, the Health Ministry, through the National Pharmaceutical Regulatory Agency (NPRA) expanded the scope of regulatory control to include medicinal gas products, and the Guidelines on Registration of Medicinal Gases have also been issued in 2021.

"The NPRA is also responsible for conducting inspections on local medical gas manufacturers to ensure the manufacturer’s comply with the Good Manufacturing Practice (GMP) standards for pharmaceutical products," he said.

He said so far, inspection on 12 medical gas manufacturers had been carried out and revealed that they meet the standards set for the continuous production of quality medical gas.

"These manufacturers have also submitted registration applications for their medical gas products produced to the NPRA according to the guidelines issued," he said.

Dr Muhammad Radzi said the Drug Control Authority (PBKD) in its 391st meeting on Dec 7 agreed to register the first medical gas which is Linde Medicinal Water 100% v/v based on the product evaluation report presented.

The registration holder of the product is Linde Malaysia Sdn Bhd and it is manufactured by Linde Gas Products Malaysia Sdn Bhd in Selangor and Linde EOX Sdn Bhd in Kuching, Sarawak.

"The NPRA is also evaluating several more registration applications that have been submitted by medical gas distribution companies for local use, so that they can be registered in the near future," he said.

He said the NPRA will continue to monitor and ensure the registration of medical gas products, especially oxygen, carbon dioxide, nitrous oxide (single or mixed with oxygen), nitric oxide, and other medical grade gas in cylinders, runs smoothly so that the supply and patient access to gas medicine is not affected.

"The health ministry, through the NPRA, is committed to continue its efforts to Improve regulatory control of medicines and cosmetics from time to time to ensure the well-being of the people," he added. – Bernama

Enhanced training initiatives for healthcare professionals drive proficiency in using diverse aesthetic devices and treatments.

WILMINGTON, Del., Jan. 2, 2024 /PRNewswire/ -- The global medical aesthetic devices market is estimated to flourish at a CAGR of 7.1% from 2023 to 2031. Transparency Market Research projects that the overall sales revenue for medical aesthetic devices is estimated to reach US$ 25.1 billion by the end of 2031.

The pervasive impact of social media platforms shapes beauty ideals, prompting a surge in aesthetic treatments. Increased exposure to curated images and influencer endorsements drives consumer interest in procedures, influencing market growth. The evolving societal norms regarding male grooming and appearance lead to an upsurge in demand for aesthetic treatments among men. The growing acceptance of cosmetic procedures among male demographics becomes a pivotal driver fueling market expansion.

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Rising trends in medical tourism for aesthetic procedures drive market growth. Patients seeking cost-effective treatments in emerging markets with advanced healthcare facilities contribute significantly to the market's expansion. Evolving regulatory landscapes and the approval of new indications for existing devices drive market dynamics. Streamlined approval processes and expanded indications for devices propel innovation and market growth.

Increasing emphasis on mental health and psychological well-being correlates with the rise in aesthetic treatments. Aesthetic procedures are seen not only as cosmetic enhancements but also as means to boost self-confidence and mental wellness, influencing market trends.

Medical Aesthetic Devices Market Report Scope:

Key Findings of the Market Report

• Aesthetic laser & energy devices lead the medical aesthetic devices market, driving advancements in various cosmetic procedures and treatments.
• Facial & skin rejuvenation stands out as the leading application segment in the medical aesthetic devices market globally.
• Dermatology clinics emerge as the leading end-user segment in the medical aesthetic devices market due to specialized aesthetic procedures offered.

Medical Aesthetic Devices Market Growth Drivers & Trends

• Continuous innovation in laser, energy-based devices, and non-invasive procedures drive market growth, enhancing efficacy and patient safety.
• Growing preference for non-surgical cosmetic treatments propel market expansion, driven by minimal downtime and reduced risks.
• Rising global aging demographics fuel demand for anti-aging treatments and aesthetic procedures, stimulating market growth.
• Increased disposable income levels worldwide drive consumer spending on aesthetic treatments, contributing to market growth.
• Evolving beauty perceptions and the pursuit of enhanced appearance globally fuel the demand for diverse aesthetic devices and treatments.

Global Medical Aesthetic Devices Market: Regional Profile

• North America leads the market, particularly in the United States, due to heightened investments in aesthetic procedures and advanced healthcare infrastructure. Rising consumer demand for minimally invasive cosmetic treatments and technological advancements propel market growth significantly.
• Europe, encompassing countries like Germany and the United Kingdom, boasts a mature market driven by increasing awareness and acceptance of aesthetic procedures. Stringent regulatory frameworks ensure safety standards, fostering innovation and expanding the market for various aesthetic devices.
• Asia Pacific emerges as a rapidly growing market, driven primarily by Japan, China, and South Korea. Rising disposable incomes, a burgeoning population, and the pursuit of beauty standards fuel market expansion. The region's increasing adoption of advanced technologies and aesthetic procedures further accelerates market growth, indicating immense potential for future development.

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Medical Aesthetic Devices Market: Competitive Landscape

The medical aesthetic devices market boasts a competitive landscape defined by key players such as Allergan, Alma Lasers, and Lumenis. Robust research and development initiatives fuel innovation in devices for skin rejuvenation, body contouring, and hair removal. Other notable contenders include Cutera, Cynosure, and Syneron Candela, contributing cutting-edge technologies to the market.

Strategic collaborations, mergers, and acquisitions are prevalent among companies aiming to expand their product portfolios and global presence. Emphasis on technological advancements, safety, and efficacy drives fierce competition, fostering a diverse array of offerings and ensuring a dynamic market responding to evolving consumer needs and preferences in the field of medical aesthetics. Some prominent manufacturers are as follows:

• Alma Lasers
• AbbVie Inc.
• Cutera Inc.
• Hologic Inc.
• Lumenis Ltd.
• Mentor Worldwide LLC (Johnson & Johnson)
• Solta Medical Inc.
• Candela Corporation
• Merz Pharma GmbH & Co. KGaA

Product Portfolio

• Alma Lasers pioneers innovative medical aesthetic solutions. Their advanced laser technologies cater to dermatology, plastic surgery, and gynecology, offering versatile platforms for skin rejuvenation, hair removal, and minimally invasive procedures, ensuring safe and effective patient outcomes worldwide.
• AbbVie Inc. specializes in transformative therapies across immunology, oncology, and neuroscience. Renowned for innovative pharmaceuticals, they prioritize patient-centric solutions, advancing treatments for complex diseases and enhancing healthcare globally with a focus on research-driven excellence.
• Cutera Inc. leads in aesthetic energy-based devices. Their platforms cover a wide spectrum, offering laser and other energy-based solutions for skin revitalization, vascular conditions, and body sculpting, delivering high-performance results in the aesthetic industry.

Medical Aesthetic Devices Market: Key Segments

By Product Type

• Aesthetic Laser & Energy Devices
  • Ablatives Skin Resurfacing Devices
  • Non-ablative Skin Resurfacing Devices
• Skin Tightening & Body Contouring Devices
  • Liposuction Devices
  • Skin Tightening Devices
  • Cellulite Reduction Devices
• Aesthetic Implants
  • Breast Implants
  • Soft Tissue Implants
  • Aesthetic Dental Implants
  • Others
• Facial Aesthetic Devices
  • Microdermabrasion Devices
  • Botulinum Toxin
  • Dermal Fillers

By Application

• Facial & Body Contouring
• Facial & Skin Rejuvenation
• Breast Enhancement
• Scar Treatment
• Reconstructive Surgery
• Tattoo Removal
• Hair Removal

By End User

• Hospitals
• Dermatology Clinics
• Cosmetic Centers

By Region

• North America
• Latin America
• Europe
• Asia Pacific
• Middle East & Africa

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About Transparency Market Research

Transparency Market Research, a global market research company registered at Wilmington, Delaware, United States, provides custom research and consulting services. Our exclusive blend of quantitative forecasting and trends analysis provides forward-looking insights for thousands of decision makers. Our experienced team of Analysts, Researchers, and Consultants use proprietary data sources and various tools & techniques to gather and analyses information.

Our data repository is continuously updated and revised by a team of research experts, so that it always reflects the latest trends and information. With a broad research and analysis capability, Transparency Market Research employs rigorous primary and secondary research techniques in developing distinctive data sets and research material for business reports.

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Many Lanarkshire GP practices will open on Saturdays throughout January - extending the times patients can receive urgent medical care.

Surgeries which have agreed to join the initiative will extend the times patients can receive care by opening on Saturdays, January 6, 13, 20 and 27.

The extension of opening hours has been put in place for patients to receive urgent care more quickly.

NHS Lanarkshire advises people to check their own GP practice’s specific arrangements via the online Winter Health Hub on the NHS Lanarkshire website.

Patients registered with practices offering extended hours will be able to make an appointment if they need urgent GP care.

Dr Chris Deighan, NHS Lanarkshire’s executive medical director, said: “These extended GP opening hours will help ensure that patients in need of urgent care are able to access their own GP practice quickly during January.

"Those GPs who have agreed to extend their opening hours will be able to support colleagues during this extremely challenging period for which they are very grateful.

"This will help ensure that their patients receive the right care in the right place as quickly as possible, which will assist us to manage the pressure across the whole healthcare system at this current time.

“I’d like to thank the people of Lanarkshire for their continued understanding and reassure them that we’re here to look after everyone in lots of ways this winter.”

Pharmacies are also able to provide a range of expert advice and information.

Lauren Gibson, lead pharmacist for community pharmacy services, said: “There’s lots of support for minor conditions that community pharmacies can provide without a prescription.

"We have the Pharmacy First Service, where your pharmacist can advise on minor conditions such as coughs and colds, sore throats, upset stomachs, constipation and diarrhoea.

“Pharmacies can also provide access to emergency hormonal contraception as well as antibiotics, if appropriate, for urine infections, skin infections and eye infections.

“The pharmacist will assess you and, if appropriate, you will be given treatment. If the pharmacist does not think that medication is appropriate, they can provide self-care advice, or referral advice and signpost you to where you can receive the right care.”

Details about opening times for GP practices are available on the NHS Lanarkshire Winter Health Hub.

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