According to the FCC advisory, these radios are not to be used until they are brought into spec for part 97, even though they are part 90 certified. In the codeplug I use for my DMR radio, I programmed the band edges to 144-148 for VHF, and 440-450 FOR UHF.
I cannot use the vfo to enter any frequency outside this range. It can be programmed to do the GMRS freqs, and I have a license, but it isn't part 95, mostly due to the 20khz vs. 25 khz of wideband fm. So, using it on gmrs is a no go.
While the ban on Baofeng/Pofung and the company they cited is specific, the outright ban on using these radios on the air is not. At least, not until they are brought to within spec. I guess I am trying to say, that for HAMs, it should be easy enough to do. Realistically, it should be accomplished in firmware, as it would be nice to have wideband rx, and you can inhibit tx for frequencies outside the range, but to do this in software would be time consuming, and still not guarantee that the radio could be properly spec'd to guard against unauthorized tx outside of the amateur spectrum.
It is doable with the right software, and since the market share relies heavily on HAM operators that utilize this equipment legally, I see no reason whatsoever why they cannot be brought into compliance for the amateur use. It is ultimately up to the companies that make and distribute these radios to comply.