Regulation Matters: A Clear Conversation

CLEAR Board members Marc Spector and Staci Mason discuss how the Board is beginning to address the topic of unconscious bias. They share why the Board decided to take this important step of learning and listening to better understand unconscious bias, prejudices and discrimination, beginning with some training sessions and self-reflection. They share CLEAR's goals of exploring diversity and inclusion strategies, encouraging meaningful discussions about bias in professional licensing, and establishing tangible measures of success in addressing these issues - including sharing all of this information with CLEAR's membership. Transcript: html (https://www.clearhq.org/page-1860692) or PDF (http://clearweb.drivehq.com/podcast_transcripts/ CLEAR_podcast_episode36_CLEAR_unconscious_bias_ 120820_transcript.pdf)

Graeme Keirstead and Barbara Holtry discuss the unique role that public members serve on regulatory boards and councils.  They talk about why it's important to include public members and how their role differs from professional members. They offer ideas for ensuring diversity on boards and recruiting qualified members. They also discuss ways in which regulatory staff can assist public members in feeling prepared for their role and able to make an effective and needed contribution. Transcript: html (https://www.clearhq.org/page-1860690) or PDF (http://clearweb.drivehq.com/podcast_transcripts/ CLEAR_podcast_episode35_Public_Members_ 111720_transcript.pdf)

Peter Mackey with Peterbridge Communications LLC discusses conflicts of interest that subject matter experts might encounter when serving in exam-related roles for credentialing organizations. He talks about the risks to integrity of the exam and the reputation of the program if bias or conflicts of interest are allowed to affect exam-related activities. His recommendations for conflict management include promoting awareness about conflicts; clearly and frequently communicating expected behaviors and examples of conflicts; focusing on disclosure; and evaluating the likelihood of a breach and potential consequences, including consultation with legal experts when necessary. Transcript: html (https://www.clearhq.org/page-1860683) or PDF (http://clearweb.drivehq.com/podcast_transcripts/ CLEAR_podcast_episode34_Conflicts_SMEs_ 101320_transcript.pdf)

The National Conference of State Legislatures (NCSL), the Council for State Governments (CSG), and the National Governor’s Association Center for Best Practices (NGA Center) partnered with CLEAR on a comprehensive resource covering regulatory structures in use in the United States. The State Regulatory Structures report is informed by a survey conducted by CLEAR asking respondents to indicate which of five regulatory model(s) best represented their current regulatory organization. Results from 46 jurisdictions have been documented based on several different factors, including number of models in place within the jurisdiction, responsibility for decision-making authority, and responsibility for operational functions. In this podcast episode, Suzanne Hultin and Iris Hentze with NCSL talk about the larger Occupational Licensing Consortium Project and the impetus for the regulatory structures report. Stephanie Thompson with CLEAR shares some highlights of data from the report.  And Cory Everett, regulatory consul

Micah Matthews and Helene Goldberg, chair and vice-chair of CLEAR's Conference Program planning committee, share news about the shift to the 2020 Annual Conference Virtual Experience. Listen in to hear about the pre-recorded and live content being offered, with relevant and informative sessions as attendees have come to expect from CLEAR's Annual Educational Conference. Hear how you can use the virtual platform to build your own session schedule, interact with presenters, and network with regulatory colleagues and vendors worldwide. Transcript: html (https://www.clearhq.org/page-1860675) or PDF (http://clearweb.drivehq.com/podcast_transcripts/ CLEAR_podcast_episode32_AEC20Virtual_ 081120_transcript.pdf)

Marschall Smith, executive director of the Interstate Medical Licensure Compact Commission, discusses how the idea for creating a physician compact came about, what the compact does, and how it works. He shares some ways the compact has had a beneficial impact on improving access to care in rural and underserved areas and via telemedicine, especially as we deal with the coronavirus pandemic. He also mentions the IMLCC's mechanism to allow for joint investigations of physicians across states and planned improvements to move the compact process to a cloud-based system with a common database. Transcript: html (https://www.clearhq.org/page-1860668) or PDF (http://clearweb.drivehq.com/podcast_transcripts/ CLEAR_podcast_episode31_IMLCC_mobility_ 071420_transcript.pdf)

As state and jurisdictions start to reopen personal and medical services that were shut down in response to the COVID-19 pandemic, Sara Chambers with Alaska Division of Corporations, Businesses, and Professional Licensing; Gina Fast with Minnesota Board of Cosmetology; and Adam Higginbotham with Nevada State Board of Cosmetology share information about their boards' roles in developing reopening guidelines. They discuss concerns and challenges faced by their boards and their licensees. Reflecting on lessons learned, they talk about the importance of technology in staying connected and communicating with licensees, listening to the licensees and providing resources they need through multiple communication channels, and collaboration with board and industry stakeholders to develop consistent guidance and messaging. Transcript: html (https://www.clearhq.org/page-1860661) or PDF (http://clearweb.drivehq.com/podcast_transcripts/ CLEAR_podcast_episode30_COVID_reopening_ 060920_transcript.pdf)

Lori Dodson with the Maryland Medical Cannabis Commission and Kevin Huff and Sean Pascal with the Colorado Division of Professions and Occupations Office of Investigations share their perspectives on regulating the medical marijuana industry. Ms. Dodson, with a relatively new commission, discusses some challenges and successes in building a regulatory agency from the ground up. The Colorado representatives, with a more established program, talk about the enforcement aspect for licensees who have a medical marijuana recommendation as well as the requirements for physicians making recommendations. Transcript: html (https://www.clearhq.org/page-1860653) or PDF (http://clearweb.drivehq.com/podcast_transcripts/ CLEAR_podcast_episode29_medical_marijuana_ 051220_transcript.pdf)  

Jimi Bush and Sarah Chenvert with the Washington Medical Commission discuss a recent recidivism study undertaken to look for behavior patterns among licensees who have undergone more than one instance of discipline within a 10-year time frame. The study aimed to determine if the Medical Commission's corrective actions had effectively resulted in physicians and physician assistants changing their practices and modifying their behavior. They share some findings of the study and some ways that the Commission will use the data to revamp their compliance program to work more closely with licensees to educate them and address common compliance issues before they become a problem. Transcript: html (https://www.clearhq.org/page-1860651) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode28_recidivism_study_041420_transcript.pdf)

We’re bringing you a special episode of the CLEAR podcast, talking about information and resources related to the COVID-19 emergency.  This is a challenging time for everyone as we respond to this global health emergency. CLEAR's president, Kym Ayscough, president-elect, Ginny Hanrahan, and executive director, Adam Parfitt, highlight some of the resources that CLEAR has put together and information that CLEAR members have shared.  "Thank you to CLEAR's members who so willingly share their resources, their information, their expertise in the interest of safe regulation in all of the professions and occupations that we regulate. I feel really privileged to be a part of this community and find the sharing to be just infinitely beneficial. So thanks to everyone for that." - Kym Ayscough Transcript: html (https://www.clearhq.org/page-1860650) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_special_episode_covid19_040720_transcript.pdf)

Paula Lehane, a Ph.D. candidate at Dublin City University in Ireland with the Centre for Assessment Research, Policy and Practice in Education, and author of a recent CLEAR Exam Review article, discusses some of the issues that regulatory organizations need to consider for candidates taking computer based tests. She discusses candidates' expectation of flexibility related to device diversity and modifying user interfaces. She provides different examples of form factor and how it can interfere with test-taker performance and how organizations can design tests to ensure that test-taker performance is not influenced by a device’s particular features. She stresses the need for more research based in the assessment industry and making that research public and shareable. Transcript: html (https://www.clearhq.org/page-1860647) or PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode27_Difference_CBT_031020_transcript.pdf)

Skip Braziel, Vice President – State Regulation and Legislation with the American Institute of Certified Public Accountants and David Cox, CEO of the National Council of Examiners for Engineering and Surveying introduce listeners to the newly-formed Alliance for Responsible Professional Licensing.  ARPL is a group of organizations that represent highly-technical professions and the boards that regulate those professions. ARPL hopes to educate policy-makers and the public on concerns related to occupational licensing reform efforts. "It's about our duty to protect the public, and where we see that threatened is where ARPL will become involved." Concerns that Skip and David mention include instances where licensing reform is applied too broadly to all professions, legislation that would allow anyone to perform services as long as the consumer gives consent, and legislation that removes resources from boards.  Transcript: html (https://www.clearhq.org/page-1860641) or PDF (http://clearweb.drivehq.com/podcast_

Deanna Williams, President of Dundee Consulting and long-time CLEAR member, tackles the question, What does it mean to be a good regulator? She talks about being trustworthy and earning public confidence, putting public interest above all others, being genuine and authentic in explaining how our actions best serve and protect the public, and being adaptable on the front-end of change. She discusses how regulators should have frameworks for consistent decision-making, validated evaluative processes, and a culture where questions are seen as opportunities rather than challenges. Good regulators should ask the question, Can we demonstrate that there's value in what we do? She urges regulators to move beyond being just good enough to asking, how can we be better? Transcript: html (https://www.clearhq.org/page-1860634) or PDF (http://clearweb.drivehq.com/podcast_transcripts /CLEAR_podcast_episode25_Good_Regulator_ 011420_transcript.pdf)

Nick Lord and Kym Ayscough with the Australian Health Practitioner Regulation Agency discuss AHPRA's involvement as a World Health Organisation Collaborating Centre for Health Workforce Regulation. They discuss the WHO's interest in regulation of the health workforce, the current state of health workforce regulation in the Asia-Pacific region, and the WHO member states' interest in the Collaborating Centre. They share some goals of the network and opportunities for CLEAR members to be involved. Transcript: html (https://www.clearhq.org/page-1860631) or PDF (http://clearweb.drivehq.com/podcast_transcripts /CLEAR_podcast_episode24_WHO_Collaborating_Centre_ 121019_transcript.pdf)

Jimi Bush, director of quality and engagement with the Washington State Medical Commission, talks about making it millennial, focusing on professional regulation and the next generation. She notes some of the characteristics of millennials and Generation Z, the impact their preferences and behaviors are having on certain industries, and specifically the impact for regulated workforces. She shares some ways that regulators can adapt their practices to millennial and Generation Z behaviors. Transcript: html (https://www.clearhq.org/page-1860629) or PDF (http://clearweb.drivehq.com/podcast_transcripts /CLEAR_podcast_episode23_Regulation_Next_Generation_ 111219_transcript.pdf)

Cynthia Abel with the College of Early Childhood Educators in Ontario talks about how regulators can use behavioral science (sometimes called behavioral insights, behavioral economics, or nudging) - the concept of taking what we know about people and what influences how they behave and make decisions and harnessing that knowledge in order to design services and processes that are better aligned to the way we want people to behave and make decisions. She gives some examples and some opportunities to use this concept in a licensing and compliance environment and offers some considerations for organizations interested in applying this concept. Transcript: html (https://www.clearhq.org/page-1860621) or PDF (http://clearweb.drivehq.com/podcast_transcripts /CLEAR_podcast_episode22_Behavioral_Science_ 100819_transcript.pdf)

Ida Darragh, executive director of the North American Registry of Midwives and CLEAR board member, talks about the benefits to a state and the licensee when a national credential is used as an avenue to licensure for a profession, how the North American Registry of Midwives works with states that license certified professional midwives, practice in states that do not have a licensure process for CPMs, and trends for the future related to the link between certification and licensure. Transcript: html (https://www.clearhq.org/page-1860615) or PDF (http://clearweb.drivehq.com/podcast_transcripts /CLEAR_podcast_episode21_Using_National_Certification_ 091019_transcript.pdf)

When healthcare professionals intentionally harm or kill patients in their care, it shatters the public trust in the healthcare system, healthcare professionals, and their regulators. Lara Kinkartz with Weirfoulds LLP, Christine Braithwaite with the Professional Standards Authority in the UK, and David Benton with National Council of State Boards of Nursing discuss the impacts of such cases, processes and strategies regulators can put in place to help minimize the chances of intentional harm, and ways regulators can navigate the increased public scrutiny that results from such cases. This podcast episode is a lead-in to a session at CLEAR's Annual Educational Conference, September 18-21, 2019 in Minneapolis, Minnesota, that will further explore case studies and strategies. Transcript: html (https://www.clearhq.org/page-1860614) or PDF (http://clearweb.drivehq.com/podcast_transcripts /CLEAR_podcast_episode20_Cases_Intentional_Harm_ 082619_transcript.pdf)

Mental health is a far-reaching issue in society and has numerous implications for professional regulation. Mark Pioro and Jenna Smith with the College of Registered Psychotherapists of Ontario and Dean Benard with Benard & Associates explore the issue of accommodating mental health in the regulatory investigations process. They discuss the relevance of mental health to the work of a front-line regulatory investigator, issues that can arise when a participant in the investigation has a mental health challenge or condition, legal principles that apply to these situations, and strategies regulators or investigators can adopt to resolve dilemmas and accommodate individuals dealing with mental health difficulties during the investigation process. This podcast episode is a lead-in to a session at CLEAR's Annual Educational Conference, September 18-21, 2019 in Minneapolis, Minnesota, that will further explore case studies and strategies. Transcript: html (https://www.clearhq.org/page-1860612) or PDF (http://c

The approach that regulators have taken regarding social media has evolved over the years, with more regulators conducting social media searches on applicants during the licensing process. Information found on social media can be used to aid an investigation, and the number of investigations that are centered on regulated professionals' misuse of social media has increased. How does this influence public confidence in regulators, and how do regulators take into account public expectations? How do regulators handle social media evidence and commentary during prosecutions? This podcast episode is a lead-in to a session at CLEAR's Annual Educational Conference, September 18-21, 2019 in Minneapolis, Minnesota, that will further explore the utility, legality and practicalities of relying on non-traditional sources of information, such as online and social media content, both in the registration process and investigations. Transcript: html (https://www.clearhq.org/page-1860608) or PDF (http://clearweb.drivehq.com