Regulation Matters: A Clear Conversation

Get a sneak peek at some sessions from the upcoming Annual Educational Conference. Abby Migliore with Alabama Board of Nursing focuses on mental health and wellness in healthcare workers. She discusses the difference between mental health and mental wellness and shares statistics and survey responses about what healthcare workers are actually reporting about their own mental health. She talks about how increased stress, burnout, pandemic fatigue, and compassion fatigue pose a threat to the individual and to the healthcare system as a whole. Then, our conference plenary speaker, Ted Ma, talks about what it means to "Be the One: How Great Leaders Bring out the Best in Others." He discusses the importance of creating a culture of mentorship (including some statistical evidence). He shares some differences between being a leader, mentor, coach, or sponsor and touches on some topics that will be the deeper focus of the plenary presentation.   Transcript: html (https://www.clearhq.org/page-1860752) or PDF (http:

A new research report released by the Institute for Justice analyzes 30 years worth of sunrise reviews and draw lessons for licensing policy. Co-authors Lisa Knepper and Kathy Sanchez define sunrise reviews as studies examining whether proposed occupational licenses and other regulations are really a good idea and genuinely in the public's interest, not just the occupation's interest. They discuss some of the common features of sunrise laws and programs across states and share what the research shows about how licensing proposals stand up to the scrutiny of sunrise. Elizabeth Carter, who conducted sunrise reviews for the Virginia Board of Health Professions, shares their rigorous process for sunrise reviews, including their seven criteria and the consistency of their process, which leads to an empirically-based rationale for a recommendation. Listen to the podcast episode and then register for the June 29 webinar (https://www.clearhq.org/event-4753631) when the panelists will dive deeper into what the researc

Lise Betteridge, Andrew Charnock, and Nancy Spector discuss social media policies and regulating licensees' use of social media. The theme that arose from the conversation is "the changing times," as the speakers consider why it's important to develop a social media policy or guidelines, protecting privacy and confidentiality, and guiding licensees to make the link between standards of practice and their professional judgment around social media use. They discuss the legal framework and enforceability of the policies and responding to complaints. They stress the need for professionals, who are in a position of influence, to use their professional judgment in every interaction, whether professional or personal and whether they're using their professional title or not. "It's a sign of the times and the need to adjust to contemporary practice and social norms that are happening across society." Transcript: html (https://www.clearhq.org/page-1860746) or PDF (http://clearweb.drivehq.com/podcast_transcripts /CLEAR_

Adam Diersing, policy analyst for the Center of Innovation with the Council of State Governments, shares information about CSG's 2021 survey of universal license recognition laws. He describes what ULR laws mean and how they differ from other license portability models such as endorsement, reciprocity agreements, or interstate compacts. He details some of the variations in ULR laws among states that have implemented them. He shares what survey respondents indicated about their experiences in implementation, challenges, and benefits. He offers some lessons learned about substantial equivalency requirements, stakeholder engagement, and digital licensing that could be helpful to states that are considering a ULR law. Transcript: html (https://www.clearhq.org/page-1860743) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode52_Universal_Licensing_Recognition _041222_transcript.pdf)

Al Carter, executive director of the National Association of Boards of Pharmacy, discusses the report from NABP's work group to consider extending waivers that were issued during the pandemic. He shares how the work group evaluated policy changes into three categories: what should be looked at for permanent consideration in all circumstances, what should be considered during special or unusual public health circumstances, and what should only be considered during declared emergencies. Hear how the pharmacy association evaluated policy changes, and join the discussion on CLEAR Communities (https://community.clearhq.org/) to share how your organization is evaluating pandemic policy changes moving forward. Transcript: html (https://www.clearhq.org/page-1860738) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode51_Evaluating_Pandemic_Changes _030822_transcript.pdf)

CLEAR is celebrating Episode 50 of our podcast!  Listen as CLEAR presidents past and present take a look back at trends in professional regulation during 2021.  Hear international perspectives on the following themes: Disciplining practitioners for COVID mis/disinformation, Mobility, DEI and discrimination in regulation, Reducing barriers to licensure, Licensure issues for veterans and military members, and Telepractice. And view the CLEAR Regulatory News blog summary of 2021 regulatory trends (https://www.clearhq.org/page-1860729). Transcript: html (https://www.clearhq.org/page-1860733) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode50_2021_Regulatory_Trends _020822_transcript.pdf)

The health regulatory colleges in British Columbia signed a declaration to cultural safety and humility with First Nations Health Authority partners, committing to strengthening relationships with Indigenous peoples and ensuring that culturally safe practices are embedded in the operations and proceedings of the colleges. Hear from the College of Physicians and Surgeons of BC about their journey of organizational transformation and addressing Indigenous-specific racism in healthcare. Heidi Oetter, Susan Prins, and Derek Puddester talk about education, diversified governance representation, a new standard of practice on cultural safety and humility, and a rebranding of the organization to reflect current values of Truth and Reconciliation. "We really recognize at this point that this is our problem to fix, not theirs. . . . Simply put: We must and we will respond to every single recommendation [from the 'In Plain Sight' report]."  Transcript: html (https://www.clearhq.org/page-1860728) or PDF (http://clearw

Caroline Miller, Cathi Mietkiewicz, and Marc Spector speak from their perspectives from both the vendor side and the regulator side about the relationship between regulatory organizations and the vendor community. They talk about how technology is really embedded in all of the work that regulators do, so leveraging the expertise of the regulators and the vendors is important in order to be effective and efficient with solutions. They talk about challenges in how regulators and vendors approach the relationship and how they can move beyond that to have an honest conversation about what is achievable. Transcript: html (https://www.clearhq.org/page-1860726) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode48_Beyond_the_Contract _120721_transcript.pdf)

Sandy Greenberg and Marlon Brown talk about where regulatory organizations are with the diversity, equity, and inclusion initiatives.  After providing some working definitions of DEI terminology, Sandy shares results from a recent survey of CLEAR stakeholders - asking where they rate DEI as a priority, what prompted their interest in DEI, how they are responding to the issue, what obstacles they're experiencing in implementing DEI-related initiatives, and what metrics they will use to measure success.  Then, as a preview to topics at CLEAR's Winter Symposium, Marlon Brown shares some of the ongoing DEI initiatives, both internally and externally, at the Michigan Department of Licensing and Regulatory Affairs.  Transcript: html (https://www.clearhq.org/page-1860725) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode47_DEI_Where_are_we _110921_transcript.pdf)

The Questions a Legislator Should Ask series is designed to provide important questions to be asked, as well as background information, to assist policymakers in their deliberation of proposed new professional regulation as well as revisions to current statutes. This series of online conversations, as well as the book on which it is based (order here: https://www.clearhq.org/page-1721424), can also be of value to legislative staff and regulators who may need to provide information to stakeholders. This podcast episode starts off the series by laying the groundwork about the authority to regulate professions and different terminology used in the regulatory world. Panelists then discuss the importance of several key questions legislators should consider when evaluating requests related to professional regulation: Is there a problem? Is there a problem that requires regulation? What alternatives to regulation of individuals can be considered? Listen to this podcast episode, then register for the November a

Line Dempsey, chair of CLEAR's National Certified Investigator Training committee, talks with longtime NCIT instructors Mike Ferjak and Amigo Wade to share insights from their vast experience as investigators. The take-away: preparation is the key to success in investigations. Mike, Line, and Amigo share their stories from experience about the importance of being properly prepared and maintaining credibility. They stress the importance of knowing what tools are in your investigator tool box and knowing when to use them. Transcript: html (https://www.clearhq.org/page-1860720) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode45_Investigator_Insights_ 091421_transcript.pdf)

Kathy Parry, corporate energy expert and keynote speaker for CLEAR's 2021 Annual Educational Conference, talks about three phases on the resilience curve and the meaning of rubber band resilience. She offers some tips to help teams and organizations understand and manage their reactions to disruptive situations and some tips to help you make a plan to de-stress. Hear all of Kathy's insights and tips during the conference keynote session, “Rubber Band Resilience: How to Stretch without Snapping.”  Thank you to Thentia for sponsoring the keynote session. Transcript: html (https://www.clearhq.org/page-1860717) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode44_Rubber_Band_Resilience_ 081021_transcript.pdf)

The UK Department of Health and Social Care has published proposed changes to healthcare regulation. How might this influence professional regulation in other jurisdictions? Mark Stobbs with the UK's Professional Standards Authority gives an overview of what the PSA does, including an annual report to Parliament on how each regulator is meeting the 18 Standards of Good Regulation. Richard Steinecke with Steinecke Maciura LeBlanc in Ontario talks about how the PSA has influenced professional regulation in Canada, including the establishment of oversight bodies, a competency-based nomination process for board and council members, and consolidation of some regulatory bodies under a uniform framework. Mark then discusses some of the current reform proposals, which aim to give all the regulators consistent legislative footing as well as more flexibility to make rules governing particular parts of their work. Richard share some thoughts about which proposals might be of most interest to Canadian regulators: regula

Carla Caro with ACT and Rebecca Durcan with Steinecke Maciura LeBlanc explore how regulatory bodies consider and deal with criminal history or record among applicants for licensure. Carla shares results of an international survey about where regulatory bodies currently are regarding their consideration of criminal background in licensure decisions, showing a great deal of variation in what is considered, how far back they looked, and whether the criminal history was related to the license being sought. They discuss how regulatory organizations are taking a more nuanced look at good moral character requirements and whether they're placing too much weight on criminal history and considering how to balance public protection with providing fair opportunities for employment. They suggest engaging your board, legal counsel, and staff in a proactive and systematic review of policies so that you can develop approaches that balance the public protection mandate with things that are relevant and proportionate to the l

Sarah Blackmore with Social Work England shares the journey and progress of establishing a new specialist social work regulator in England, including consultation and development of professional standards, a focus on dialog and collaboration with all stakeholders in the sector--social workers, student social workers, academics and those with lived experience of social work, and development of education and training standards with a focus on ensuring that people who use social work services are engaged at every point. She talks about how SWE is looking at the whole of the professional journey from student to consultant practitioner or leadership pathway, with an aim to clarify and streamline the options and expectations, as well as establishing a way to recognize the increasing sophistication of social work practice. She also discusses the goals of working internally as an organization and collectively with the sector to address discrimination and disadvantage--ensuring inclusivity in social work courses; revi

This episode of the CLEAR podcast celebrates the important contribution of long-time CLEAR Exam Review editorial board members Steve Nettles and Jim Zukowski. Steve and Jim just stepped down from a tenure of 26+ years with CER, so who better to give some perspective on the testing industry through the years. Steve and Jim talk about changes, innovations and challenges they've seen in the testing industry - when credentialing programs began to accept and comply with the Uniform Guidelines for employment testing, use of computers for item-banking, the advancement of passing score studies, the move to computer-based testing and innovative items, and the challenge of cheating becoming more technologically sophisticated as well. CLEAR thanks Steve and Jim for their time and expertise over the years to bring timely and relevant information to the CLEAR Exam Review readership. Transcript: html (https://www.clearhq.org/page-1860706) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode40_CE

Nicholas Woloszczuk, recipient of the 2020 CLEAR Investigative Excellence Award, talks about the case for which he was nominated, challenges he encountered during the investigation, and the investigative tools and techniques he used to bring the case to successful conclusion. The case involved a 14-year-old girl who was subjected to grooming by her 38-year-old male teacher. At first, it seemed like a simple open-and-shut case. But through perseverance to further pursue a lengthy interview with the victim, use of the enhanced cognitive interview technique, and continued professional development and training on the extraction of digital evidence, further evidence was found and the teacher's teaching certificate was revoked. Transcript: html (https://www.clearhq.org/page-1860701) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode39_Investigative_Lessons_030921_ transcript.pdf)

Dr. Elizabeth Carter with the Virginia Board of Health Professions provides an overview of the Sanction Reference Points program, a tool used by licensing boards in Virginia to ensure fair and consistent treatment during the discipline and sanctioning process. She talks about the process to statistically analyze past case data and consult with the boards to determine factors that should be considered or should be excluded. She shares how the boards can choose to use the worksheets and points values as sanctioning guidance and discusses the benefits of the program for fairness, consistency, and defensibility of the board's decisions. She offers resources that boards can turn to if they're interested in developing this sort of tool. Transcript: html (https://www.clearhq.org/page-1860700) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode38_Sanction_Reference_Points_020921_ transcript.pdf)

Caroline Miller with Tyler Technology and James Collins with Microsoft talk about regulatory modernization, highlighting the difference between a refresh or update and a transformation. They advise to avoid recreating the old system in the new system but instead adopt the new system from the consumer/public's perspective. They talk about the need for government to move to delivery of services as an enterprise rather than individual agencies. Challenges and tips they offer include setting a vision of where you are, where you want to be, and the case for why you want to get there; defining requirements of your new system and determining if it's a technology need or a change in process need; employing change management skills and patience for adult learners who need to unlearn before they can learn new skills; planning in resources to augment your team so you can focus on this large project; and having a good communication plan and common nomenclature between the agency and the technology vendor. Transcript: h

Chris McIntyre, keynote speaker for CLEAR's 2021 Winter Symposium, talks about what we really mean when we say "unconscious bias," different areas we need to consider related to diversity, ways that unconscious bias can influence our decision-making on a personal and professional level, and what we can do to minimize the impact of unconscious bias.  He also shares some questions organizations can ask themselves to determine if their efforts at addressing unconscious bias are successful. Transcript: html (https://www.clearhq.org/page-1860693) or PDF (http://clearweb.drivehq.com/podcast_transcripts/ CLEAR_podcast__bonus_episode_WSkeynote_unconscious_bias_ 121520_transcript.pdf)