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'Microaggressions' could cost doctors their medical licenses in Oregon, according to new proposed rule

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'Microaggressions' could cost doctors their medical licenses in Oregon, according to new proposed rule

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The Oregon Medical Board has introduced a new ethics rule that threatens to revoke the medical licenses of doctors who commit “microaggressions” in the workplace.

Under the proposed law first introduced in April, doctors will be required to report “unprofessional or dishonorable conduct” by themselves or a licensed colleague within 10 business days. If they do not comply with the mandatory rule, they will face disciplinary action, which could include the loss of their medical license, according to the proposal.

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Under the rule, the term “unprofessional conduct” would be expanded to include “discrimination in the practice of medicine, podiatry, and acupuncture” through “unfair treatment characterized by implicit and explicit bias, including microaggressions, or indirect or subtle behaviors that reflect negative attitudes or beliefs about a non-majority group.”

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If doctors do not comply with the mandatory rule, they could face disciplinary action, including the revocation of their medical license, according to the proposal. (Hannah McKay – Pool/Getty Images)

Discrimination, as defined in the proposal, refers to “differences in the quality of healthcare delivered that is not due to access-related factors or clinical needs, preferences, and appropriateness or intervention.”

The standard outlined by the board refers to any “indirect or subtle behaviors that reflect negative attitudes or beliefs about a non-majority group.”

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“The proposed rule may favorably impact racial equity by making discrimination a ground for discipline for OMB licenses,” the proposal states.

Fox News contributor and law professor Jonathan Turley slammed the move in a lengthy post on his blog Tuesday, outlining his free speech concerns about using “one of the most ambiguous categories of prescribed speech” to discipline practitioners in the medical field.

Constitutional scholar Jonathan Turley of George Washington University testifies before the House Judiciary Committee in the Longworth House Office Building on Capitol Hill, December 4, 2019, in Washington, D.C. (Chip Somodevilla/Getty Images)

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“The incorporation of microaggressions under the new ethics rules is precisely what some of us have been warning about for years. As is often the case, activists begin by insisting that language monitoring is purely instructional and optional before codifying those rules in mandatory terms,” Turley wrote.

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Turley said he has been critical of the “microaggression” rules on college campuses in the past, arguing that they are “hopelessly vague” and highly controversial.

“That ambiguity creates a threat to free speech through a chilling effect on speakers who are unsure of what will be considered microaggressive,” he warned.

“Terms ranging from ‘melting pot’ to phrases like ‘pulling oneself up by your own bootstraps’ have been declared racist. Some of those have been identified by Columbia professor Derald Wing Sue, cited by Oregon’s state government as a ‘microaggressions expert.’”

“The free speech concern is how such microaggressive terms can be used to curtail or punish speech, including supporting complaints for formal investigations.”

Turley reminded readers that the Hippocratic Oath is based on the pledge that doctors will “first do no harm,” adding that if implemented, the rule will effectively turn doctors into “social-warrior snitches.”

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“Unfortunately, that pledge does not appear to apply to free speech in Oregon,” he argued. “Rather than merely publish opinions on phrases or practices that can be seen as microaggressive, the Oregon Medical Board is about to impose an ambiguous speech regulation that is likely viewed by some doctors as turning them into social-warrior snitches.”

The Oregon Medical Board is set to consider permanently adopting the rule during a July 11 meeting, the Free Beacon reported.

Dr. Stanley Goldfarb, a former University of Pennsylvania School of Medicine associate dean, told the outlet that he fears Oregon’s attempt to penalize microaggressions so severely will have a “chilling” effect on medicine and could prevent doctors from providing optimal care.

“Physicians need to be able to speak frankly and honestly with their patients,” he told the Free Beacon. “If they believe that they can be sanctioned because they deliver bad news or make a comment that the patient misinterprets, this will lead to a chilling effect on speech and ultimately lead to deterioration in the patient-physician relationship.”

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The Oregon Medical Board did not immediately respond to Fox News Digital’s request for comment.

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Montana

Montana days grow longer throughout May

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Montana days grow longer throughout May


The journey toward longer days continues as we move from the spring equinox to the summer solstice. Due to the Earth’s tilt, the Northern Hemisphere is now experiencing more direct sunlight, allowing many areas across western Montana to see light well past 9 p.m.

We’re also not far from 9 p.m. sunsets, with the Flathead Valley expected to see them as early as later this week.

Daylight Tracker – Kalispell, Mont.

While March and April saw larger increases in daylight, May still packs a punch. Many areas will continue to gain more than an hour of extra light by the end of the month, with sunsets between 9:30 and 10 p.m. by May 31.

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Daylight Gained - Western Montana

Daylight Gained – Western Montana

Don’t think I forgot our early birds, though. Bozeman will enjoy extra sunlight in the early morning hours, with twilight beginning as early as 5 a.m. and sunrises around 5:45 in the Garden City.

Twilight/Sunrise Times - May 31

Twilight/Sunrise Times – May 31

It’s quite beautiful to see Montana waking up from winter, and the extra sunlight certainly adds to the energy. Whether it’s taking a walk or having dinner on the patio, enjoy the extra daylight this month!



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Nevada

Nevada, California, Arizona propose water plan pushing cuts to 20%

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Nevada, California, Arizona propose water plan pushing cuts to 20%


LAS VEGAS (KLAS) — Water officials from Nevada, Arizona and California say they will make extra contributions by reducing their use of the Colorado River. Combined with earlier commitments, the proposed cuts add up to a total of about 20% of the states’ water allotments.

The plan, released Friday by the three states, would stabilize the river through 2028, according to a joint news release. It adds an extra contribution of 700,000 acre feet of water to cuts already in place. An acre foot is literally the amount of water it takes to cover an acre of land in water a foot deep. That’s 325,851 gallons, enough water to supply two to three households for a year.

Las Vegas relies on the Colorado River for 90% of its water, but recycling has consistently allowed Southern Nevada to use a lot less water than Nevada’s full allotment. Recycled water is returned to Lake Mead, and that is subtracted from the state’s “consumptive use” of the river. After all the math, Southern Nevada uses about two-thirds of its water allotment. Nevada is seen as a conservation and recycling model for other states to follow.

“This proposal is about moving from ideas to implementation,” John Entsminger, general manager of the Southern Nevada Water Authority (SNWA), said in a statement included in the news release.

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“It pairs real measurable water contributions with sensible dry-condition operations at Lake Powell and across the Upper Initial Units. Now is the time for every water user in the Basin to double down on water conservation as we face historically dry hydrology.”

John Entsminger, general manager of the Southern Nevada Water Authority. (KLAS)

The timing of the announcement comes as the federal government is working on a plan to replace a set of Colorado River rules that expire at the end of 2026. The three states behind the proposal, along with the four states in the Upper Colorado River Basin — Colorado, New Mexico, Utah and Wyoming — were unable to reach a consensus agreement. That’s when the federal government said it would put its own plan in place.

The Upper Basin states are asking for mediation, but the new proposal addresses what Lower Basin states see as an urgent need for immediate action — from every state. “The Lower Basin states stand ready to engage in a meaningful process for long-term solutions while encouraging the Upper Basin to step forward now with verifiable water contributions to help stabilize the system and support a near-term, seven-state bridge,” the news release said.

Friday’s plan involves cuts from the Lower Basin states, but those are contingent on actions at Lake Powell and reservoirs farther up the river. Without federal backing, those upstream actions are unlikely to happen. The plan also asks for congressional funding to assist states in making changes.

A low water ring is seen around Hoover Dam on April 16, 2023, in Lake Mead National Recreation Area, Nevada. The flight for aerial photography was provided by LightHawk. (Photo by RJ Sangosti/MediaNews Group/The Denver Post via Getty Images)

“I think the scariest thing about this proposal is that we are hearing the top water officials on the Colorado River system talk about elevations of Lake Mead going to depths that we have never seen before,” Kyle Roerink, executive director of the Great Basin Water Network, told 8 News Now on Monday.

“It’s no surprise that the leadership of the Southern Nevada Water Authority played a big role in developing this because it focuses on conservation. And the conservation that we are seeing proposed is the type of thing that Las Vegas is built and ready to handle. It also signals that other communities are getting serious about this as well,” he said.

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Roerink said Nevada can handle big cuts that are coming, but other states are far behind in adjusting to the realities of drier conditions.

“They’re manageable because we’ve taken on the challenge of turf removal, watering restrictions, septic tank removal, moratoriums on evaporative cooling and data centers. This is why we have the resiliency,” Roerink said.

While every state is conserving some amount of water, the Lower Basin states are doing the hard work of trying to come up with a plan, Roerink said. The Upper Basin hasn’t been a part of that. Instead, those states are “digging in their heels,” he said.

California is by far the biggest user of Colorado River water, which flows through pipes and channels to metro Los Angeles and farmland in the Imperial Valley.

“With this proposal, the Lower Basin is putting forth real action to stabilize water supply along the Colorado River. We’re putting forward additional measurable water contributions for the system. Without that, the system will continue to decline,” JB Hamby, chairman of the Colorado River Board of California, said.

Up to now, Arizona has taken the steepest cuts as the desert Southwest has struggled through a federally declared water shortage since 2022. Farmers in Arizona were the first to have their water supplies reduced.

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Tom Buschatzke, director of the Arizona Department of Water Resources, said the proposal reflects the creativity and commitment of water users across the Lower Basin. “We have shown that collaborative, voluntary efforts and reductions that are certain can produce meaningful water savings,” he said.

Roerink, who acknowledges that this year will likely be “one of the worst ever in recorded history in the Colorado River system,” said the plan from the Lower Basin states could go a long way in preventing hysteria. Making changes now could ensure that Lake Mead doesn’t drop to dangerous levels, he said.



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New Mexico

New Mexico’s proposed kids safety fixes for Instagram, Facebook may go too far, judge warns

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New Mexico’s proposed kids safety fixes for Instagram, Facebook may go too far, judge warns


The state judge overseeing New Mexico’s attempt to force a safety overhaul of Instagram and Facebook said Monday that he’s worried some of the proposed changes would amount to “overreach.”

New Mexico attorney general Raúl Torrez is pushing for extensive changes and up to $3.7 billion in penalties after a state jury ruled last month that Mark Zuckerberg’s Meta had failed to protect kids from sexual predators. Judge Bryan Biedscheid is presiding over a second trial to determine which of those requested remedies are appropriate.

“I am a judge, ​I am not a legislator, I am not a regulator,” Biedscheid said as the second phase began on Monday.

New Mexico Attorney General Raúl Torrez is pushing for a major safety overhaul of Instagram and Facebook. AP

Biedscheid added that his goal was to ensure any court-ordered fixes would address the proven harms of Instagram and Facebook without him becoming a “one-person legislature.”

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The judge will rule on whether Meta’s failings constitute a “public nuisance” under state law, which would allow him to order remedies. The jury previously ordered Meta to pay $375 million in damages.

“The changes we’re seeking are reasonable, achievable, and supported by child safety and technology experts,” Torrez said in a statement ahead of the trial. “There is no credible argument against them, only a company that has decided its bottom line matters more than the safety of kids.”

As The Post reported, Meta has already threatened to cut off access to Instagram and Faceook entirely if the judge orders “impractical” safety features to be implemented. The social media giant claims Torrez’s “requests for relief are so broad and so burdensome” that no one could realistically comply with them.

Meta says the state’s proposals are impossible to implement. REUTERS
Meta Platforms CEO Mark Zuckerberg arrives outside court to take the stand at trial in a key test case. REUTERS

Torrez fired back, asserting that Meta’s threats were little more than a PR stunt and that the company was “showing the world how little it cares about child safety.”

New Mexico’s proposed fixes include implementing an effective age verification process for accounts; recommendation algorithms that prioritize user safety over boosting how much time they spend on the apps; and limits on end-to-end encrypted messaging for minors.

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State officials also want Meta to display warning labels about the risks of using its apps and an independent oversight committee to ensure the company’s compliance. Meta “would be held to a 99% detection rate for new child sexual abuse material,” according to the state.

A Meta spokesperson said the state’s demands are “technically impractical, impossible for any company to meet and disregard the realities of the internet.”

Judge Bryan Biedscheid appears skeptical of the state’s proposed fixes. AP

Experts previously told the Post that Meta’s threat to cut off the apps entirely, while technically feasible, would make the situation even messier for the company.

“I think a blackout in one state would be comically easy to circumvent – for example, with a VPN,” Ryan Calo, a professor at the University of Washington focused on the intersection of law and technology, said last week. “Who is responsible when, invariably, New Mexico residents continue to access Facebook? And of course, they would still have to pay for prior behavior in the state.”

WIth Post wires

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