Episode 57: Update on FSMB's COVID Misinformation Policy
Release date: September 8, 2022
Katie Templeton, Chair of the Federation of State Medical Boards Ethics and Professionalism Committee, shares details on FSMB's full policy on "Professional Expectations Regarding Medical Misinformation and Disinformation." She shares that addressing misinformation shared by practitioners is not something new - it falls under the professional duty and ethical responsibilities to be honest and truthful in all patient interactions and when speaking. She highlights the recommendations in the policy related to boards having a mis/disinformation policy, boards retaining their authority to handle their licensees without legislative overreach, addressing issues of mis/disinformation under the purview of professionalism and ethical duties, considering education or other rehabilitative measures to correct the conduct, and feeling confident moving forward with such cases based on sound regulatory considerations for public protection on the basis of ethical duty.
Episode 56: Free Speech Challenges to Licensure of Speaking Professions
Release date: August 9, 2022
Get a sneak peek at another session from the upcoming Annual Educational Conference. Charla Burill with North Carolina Board of Dietitians and Nutrition and Pepin Tuma with Academy of Nutrition and Dietetics address the impact of constitutional free speech challenges to licensure of speaking professions. A lot of lawsuits recently in the US are drawing on the legal argument that states violate the free speech rights of unlicensed individuals by requiring that they meet minimum qualifications and obtain a license in order to practice this so called “speaking profession.” Charla and Pepin talk about why dietetic boards are being sued using this argument, discuss the definition and importance of the professional speech doctrine, and share updates on some recent cases and whether cases actually address licensure laws of a profession. They also discuss whether other professions should be concerned about what's going on - focusing on the concepts of conduct versus speech, professional-client relationship, and strict scrutiny standards for licensure laws.
Episode 55: Employee Support through Mental Health, Wellness, and Mentorship
Release date: July 12, 2022
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.
Episode 54: Sunrise Review and Right-sizing Occupational Regulation
Release date: June 14, 2022
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 purchase the follow-up webinar recording when the panelists dive deeper into what the research and experience can tell us about establishing a strong sunrise review program.
Episode 53: Regulating Licensees' Use of Social Media
Release date: May 10, 2022
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 o 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."
Episode 52: CSG Survey of Universal Licensing Recognition Laws
Release date: April 12, 2022
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.
Episode 51: Evaluating Policy Changes Made During the Pandemic
Release date: March 8, 2022
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 to share how your organization is evaluating pandemic policy changes moving forward.
Episode 50: 2021 Regulatory Trends – The Year in Review
Release date: February 8, 2022
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 read the CLEAR Regulatory News blog summary of 2021 regulatory trends.
Episode 49: Organizational Transformation - Cultural Safety and Humility in Healthcare
Release date: January 11, 2022
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]."
Episode 48: Beyond the Contract: What Regulators Really Want and Need from the Vendor Community
Release date: December 7, 2021
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.
Episode 47: Diversity, Equity, and Inclusion - Where are we now?
Release date: November 9, 2021
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.
Episode 46: Questions a Legislator Should Ask - A foundation for regulatory understanding
Release date: October 12, 2021
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), 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 purchase the webinar series recordings.
Episode 45: Being a Better Investigator - Insights from Experience
Release date: September 14, 2021
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.
Episode 44: Rubber Band Resilience - conference keynote preview
Release date: August 10, 2021
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.
Episode 43: UK Regulatory Reform Proposals and Influence in Other Jurisdictions
Release date: July 13, 2021
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: regulators' ability to voluntarily delegate some of their activities to other regulators, perhaps a greater role in overseeing educational programs, the ability to administratively remove practitioners for incapacity or language fluency issues without a full discipline hearing, and an accepted outcomes approach to fitness to practice (discipline).
Episode 42: Research and Trends related to Criminal History and Professional Licensure
Release date: June 8, 2021
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 level of risk and nature of the offense, creating decision processes that are less subject to implicit bias or impacts that may have resulted from systemic bias in the criminal justice system. Are the requirements meeting the intent, and, if not, how can we modify or eliminate them?
study that Rebecca refers to: “Rethinking the Character and Fitness Inquiry” by Leslie Levin of University of Connecticut School of Law (2014).
Episode 41: Starting Fresh - The Journey of a New Specialist Regulator
Release date: May 11, 2021
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; reviewing anti-discriminatory practice training; and creating equality, diversity and inclusion steering groups.
Episode 40: Testing Through the Years - a CLEAR Exam Review Retrospective
Release date: April 13, 2021
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.
Episode 39: CLEAR Investigative Excellence Award: Sharing Lessons Learned
Release date: March 9, 2021
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.
Episode 38: Sanction Reference Points for Fairness and Defensibility
Release date: February 9, 2021
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.
Episode 37: Regulatory Modernization: Challenges and Tips
Release date: January 19, 2021
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.
Bonus Episode: Recognizing Unconscious Bias and Minimizing Its Impact
Release date: December 15, 2020
Episode 36: CLEAR's Board Addresses Unconscious Bias
Release date: December 8, 2020
Episode 35: The Role of Public Board Members
Release date: November 17, 2020
Episode 34: Conflicts of Interest with SMEs
Release date: October 13, 2020
Episode 33: State Regulatory Structures Report
Release date: September 8, 2020
Episode 32: CLEAR's Conference Goes Virtual!
Release date: August 11, 2020
Episode 31: Mobility and the Interstate Medical Licensure Compact
Release date: July 14, 2020
Episode 30: The Board’s Role in Reopening Regulated Services
Release date: June 9, 2020
Episode 29: Medical Marijuana and Licensure Issues
Release date: May 12, 2020
Episode 28: Research on Recidivism
Release date: April 14, 2020
Special Episode: COVID-19 Resources for Regulators
Release date: April 7, 2020
Episode 27: What Makes a Difference for Candidates Taking Computer-based Tests?
Release date: March 10, 2020
Episode 26: Alliance for Responsible Professional Licensing
Release date: February 11, 2020
Episode 25: What It Means to Be a Good Regulator
Release date: January 14, 2020
Episode 24: WHO Collaborating Centre for Health Workforce Regulation
Release date: December 10, 2019
Episode 23: Professional Regulation and the Next Generation
Release date: November 12, 2019
Episode 22: How Regulators Can Use Behavioral Science
Release date: October 8, 2019
Episode 21: Using a National Certification as Eligibility for Licensure
Release date: September 10, 2019
Episode 20: Lessons from Cases Involving Intentional Harm to Patients
Release date: August 26, 2019
Episode 19: Addressing Mental Health Concerns in the Investigative Process
Release date: August 13, 2019
Release date: July 9, 2019
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.
Episode 17: Role of a Content Developer in Licensing Exams
Release date: June 11, 2019
Episode 16: Update on Initiatives for Credentialing of Transitioning Military Members
Release date: May 14, 2019
Episode 15: Working with Subject Matter Experts
Release date: April 9, 2019
Episode 14: Perspectives on Practitioner Substance Abuse and Regulation
Release date: March 12, 2019
Episode 13: Research on Practice Hours: Establishing Evidence for Regulatory Policies
Release date: February 12, 2019
Episode 12: Current Research Interests at the Professional Standards Authority
Release date: January 8, 2019
Episode 11: Finding Opportunities to Tell Your Agency Story – Marketing Tips
Release date: December 11, 2018
Episode 10: The Scope of Regulation – Can the Boundaries Be Stretched?
Release date: November 13, 2018
Episode 9: Licensing Reform Efforts: Professional Beauty Industry Perspective
Release date: October 9, 2018
Episode 8: Investigative Excellence Group Award winner
Release date: September 11, 2018
Episode 7: Breaking Down Licensing Barriers While Ensuring Public Protection During a Disaster
Release date: August 28, 2018
In 2017, at least 5 states or US territories suffered natural disasters or public health emergencies. Disaster response is, at best, orchestrated chaos. This chaos is compounded by the hodgepodge approach to license portability in the United States. Ronne Hines, Division of Professions and Occupations, Colorado Department of Regulatory Agencies, gives some examples related to the interplay of license portability laws, regulation of the out-of-state workforce, and the challenges and successes of regulating during a disaster. This podcast episode was a lead-up to a session at CLEAR's Annual Educational Conference, September 26-29, 2018 in Philadelphia, Pennsylvania.
Episode 6: The Role of Regulators in Health Workforce Data Collection
Release date: August 14, 2018
Policymakers and planners in all jurisdictions face complex challenges in assuring access to needed health care services. Evidence-based decisions require objective and comparable provider supply and distribution data. Licensing boards are in a unique position to help. An expert panel representing the US and Canada discusses the role of regulators in health workforce data collection. This podcast episode was a lead-up to a session at CLEAR's Annual Educational Conference, September 26-29, 2018 in Philadelphia, Pennsylvania.
Episode 5: Occupational Licensing Policy Learning Consortium
Release date: July 24, 2018
Suzanne Hultin with National Conference of State Legislatures gives an update on how the Occupational Licensing Policy Learning Consortium is addressing license portability issues and focusing on population groups who face unique challenges and barriers related to entering the labor market in licensed occupations.
Episode 4: Sexual Abuse by Regulated Professionals: Achieving Zero Tolerance
Release date: July 10, 2018
There have been some significant changes to the framework, policies, and procedures for handling cases of sexual abuse committed by regulated professionals. Representatives from regulatory organizations in the United States, Australia and Canada share information about what prompted a review of these procedures, what changes have been implemented for investigations of allegations of sexual boundary violations, and what impact the changes have had. This podcast episode was a lead-up to a session at CLEAR's Annual Educational Conference, September 26-29, 2018 in Philadelphia, Pennsylvania.
Episode 3: Research on the Public’s Perception of Continuing Competence
Release date: June 12, 2018
Jennifer Best, Practice Consultant with the College of Registered Nurses of Nova Scotia, shares the College's research on the public's perception of continuing competence, including why it's important for regulators to understand this issue and how regulators can use this research in making informed, evidence-based decisions about regulatory policy.
Episode 2: Investigative Excellence Award winner, Robert Herbert
Release date: June 12, 2018
CLEAR's Investigative Excellence Award recognizes an investigator who has demonstrated exceptional performance in a particular case, with performance beyond what is expected or required, resulting in a direct and significant impact to the protection of the public or consumer interests. Robert Herbert, a 2017 recipient from the Alabama Board of Licensure for Professional Engineers and Land Surveyors, talks about the case for which he was nominated and shares some of the investigative techniques he used throughout the case.
Episode 1: Introducing the CLEAR Podcast
Release date: June 12, 2018
The Council on Licensure, Enforcement and Regulation is excited to launch Regulation Matters: a CLEAR conversation. In this introductory episode, podcast host Line Dempsey and CLEAR Executive Director Adam Parfitt share information about CLEAR and give a preview of topics for upcoming podcast episodes.