2010 Annual Educational Conference Presentations

Nashville, Tenn.  |  Sept. 23-25, 2010

2010 Conference Presentations

Clicking on "Presentation" will download the PowerPoint show when provided by the speaker. Clicking on "Handout" will download a printable handout of the slides with space for notes (or additional handout as provided by the speaker).
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Health Issues Discussion Group
This roundtable session will offer attendees the opportunity to exchange information and ideas on a variety of topics related to ongoing and emerging healthcare and regulatory issues. Facilitated table discussions will be on topics such as confidentiality – breaches and protection; decreased government trust of professional regulators; and credentials – creeping or creepy (from increasing requirements to fraudulent). Bring your questions and experiences to this interactive session.
Coordinator: Grady Barnhill, Director, Recertification & Professional Assessment, Commission on Dietetic Registration
Moderator: Grady Barnhill
Table Moderators: Debra Elias, Manager, Complaints Resolution, College of Registered Nurses of Manitoba
Lori Long
, Manager, Complaints/Investigations/Hearings, Royal College of Dental Surgeons of Ontario
Leanne Matthes
, Policy Consultant, College of Registered Nurses of Manitoba
Jon Pellett
, Attorney, Barr Murman & Tonelli, P.A.

Item Development workshop
The Item Development Workshop will
·    provide a focused review of test item development issues that affect new, emerging and mature testing programs.
·    identify generally-accepted multiple-choice test item writing standards and illustrate techniques and examples you may use to ensure compliance with these standards.
·    demonstrate how to create performance standards and objectives to ensure that your test items truly assess competence on the job.
·    address ways to ensure that your test items are congruent to your standards.
·    explore advanced techniques you can use to create test items that go beyond evaluating a candidate’s recall of knowledge and actually evaluate advanced cognitive and performance abilities.
Bring a copy of your existing test standards or objectives and samples of some of your test items to this workshop.  You will have an opportunity during the workshop to compare your current tests to existing standards and learn ways to improve their quality.
Speakers: Kathy Maka, Examination Development Specialist, National Inspection, Testing and Certification Corporation
Raymond A. Talke, Jr.
, President, Minds in Action, Inc.

11:00 a.m. - noon
Getting the Most Out of CLEAR

This is an opportunity for all annual conference attendees to learn more about the structure, function, mission, and products of CLEAR. How can CLEAR assist you? Bring your questions and get the answers. Current committee members will be available to share with you and help you get the most out of your CLEAR experience.

1:00 – 2:00 p.m.
Opening Session: “Keeping Up or Starting Over? Being CLEAR About the Public Interest”

Opening Address: Steven Lewis, health policy and research consultant; Adjunct Professor of Health Policy, University of Calgary and Simon Fraser University
Since the middle ages guilds have pursued dual aims: protect their members and advance the public interest. Through credentialing, licensure, and self-regulation they have protected their brands, and – based on assumptions shared by government – also protected the public. But then came the data: in every sector, uneven performance, poor quality, huge variations in practice. At the very least, it stands revealed that the regulatory regimes are not sufficient to guarantee universally reliable performance. The question is whether they are necessary. This presentation will explore a purely public-interest oriented approach to the regulation of professional activity and potential implications for credentials, licensure, and quality improvement. If we knew in the golden age of regulatory expansion (the 20th century) what we know now, it will be argued, we would rely far less on rigid, periodic, and self-defined proxies for excellence, and far more on direct measures of performance. This would stand the system on its head: instead of inflexible means producing variable ends, the focus would shift toward producing reliably good performance through flexible approaches. Any major move in this direction would have profound implications for education, testing, legislation, recertification, and labor force mobility.

2:30 – 3:30 p.m.     Concurrent Sessions
Continuing Competency – Multiple Perspectives

As the continuing competency movement progresses as part of achieving regulatory excellence, this session will discuss three approaches taken by the Colorado Department of Regulatory Agencies (DORA), Division of Registrations. This practical approach discussion will share the experiences of the Division, lessons learned, and common challenges that programs might experience when implementing continuing competency programs.  Insight will also be shared from the continuing competency consultant utilized by the Division both in the role as consultant and in implementing a continuing competence program for dietitians in Illinois. Participants will be encouraged to ask questions and share their expertise and learning.
Learning objectives:
Elements of continuing competency; multiple perspectives of implementing continuing competency programs; practical approach, experiences and lessons learned; common challenges in implementing continuing competency program among a variety of professions, while looking at consistency; overview of DORA's approach, mission and commitment
Coordinator: Ronne Hines, Contract & Communications Director/Continuing Competency Manager, Division of Registrations, Colorado Department of Regulatory Agencies
Moderator: Cory Everett, Continuing Competency Specialist, Division of Registrations, Colorado Department of Regulatory Agencies
Speakers: Richard Morales, Section Director, Division of Registrations, Colorado Department of Regulatory Agencies
Grady Barnhill
, Director of Recertification & Professional Assessment, Commission on Dietetic Registration
Additional Handout 1; Additional Handout 2

Regulator Accountability: Evolving Models of Oversight  
Who Watches the Watchers – this session will explore the issues and mechanisms related to the oversight of regulatory bodies. Regulatory organizations are vested with significant powers, and regardless of the framework for executing those powers (e.g., autonomous, self-regulating bodies versus state agencies) members of the public and members of the regulated professions will have concerns about the ways and means that those powers are wielded. This session will focus on best practices for regulatory oversight in both Canadian and US jurisdictions. Issues such as applicant processing, complaint processing, enforcement, compliance standards, and legislative frameworks will be examined.  Speakers will cite examples from both the American and Canadian regulatory experience. They will also cover strategies for regulatory reforms and reducing the burdens of compliance while maintaining effective oversight.
Learning objectives:
To increase awareness of the evolution of self regulatory models and oversight in the US and Canada; to identify accountability mechanisms, existing and emerging, which are impacting on the role and public perception of regulators; to consider the benefits, or not, of external accountability and the future role of regulators as oversight is potentially strengthened
Coordinator: Jan Robinson, Registrar and CEO, College of Physiotherapists of Ontario
Moderator: Rose McCool, Division Director, Division of Registrations, Colorado Department of Regulatory Agencies
Speakers: Bruce Harrelson, Director, Office of Policy Research and Regulatory Reform, Colorado Department of Regulatory Agencies
Richard Steinecke
, Steinecke Maciura LeBlanc, Barristers & Solicitors

The Impacts of Apologies in Misconduct and Disciplinary Actions
There has been a lot of research and discussion in the past few years regarding apologies by professionals who have been involved in substandard practice or misconduct situations. For example, Colorado law lets doctors apologize and admit mistakes without that apology being allowed in a malpractice case as an admission. Other states allow apologies from a variety of professionals and the apologies cannot be used against the professional, but these apology laws allow admissions of mistakes to be used against the professional. Some research has been done that shows that an apology with an admission strongly increases the likelihood that the person wronged will forego action against the professional but an apology without an admission is likely to make the person wronged less likely to resolve the dispute.
Learning objectives:
Awareness of current laws regarding apologies; the research on the impacts of apologies; how this topic is impacting professional discipline and where it may go in the future
Coordinator: James Carr, Attorney at Law, Colorado
Moderator: James Carr
Speakers: Debbie Tarshis, Attorney and Counselor, WeirFoulds LLP, Toronto, Ontario
Charmaine Cheung Rose
, Assistant Attorney General, Colorado Attorney General's Office

Investigator Issues Discussion Group
This year’s Investigator Discussion Group will allow participants to discuss a wide variety of topics of interest that will include, but not be limited to, investigative procedures, investigator safety, effectively dealing with prosecutors and defense attorneys, investigative reports (attendees are encouraged to bring samples to share with other participants), and networking.
Coordinator: Ernie Atkins, Investigator, Virginia Department of Professional and Occupational Regulation, Compliance and Investigation Division
Table Leaders:  Jonathan Bracken, Chief Legal Counsel, UK Health Professions Council
Darrel Crimmins
, Deputy Director, Pennsylvania Bureau of Enforcement & Investigation
Ida Darragh
, Director of Testing, North American Registry of Midwives
Line Dempsey
, Investigator, North Carolina Dental Board
Steve Hart
, Inspections and Investigations Coordinator, Kentucky Board of Pharmacy
Bruce Matthews
, Deputy Registrar, Real Estate Council of Ontario
Jon Pellett
, Attorney, Barr Murman & Tonelli, P.A.
Deanna Williams
, Registrar, Ontario College of Pharmacists

4:00 – 5:00 p.m.     Concurrent Sessions
Theft, Threats and Cheating: Addressing Security Issues in the Credentialing Process

Security issues remain significant for any regulatory body issuing a credential. Such topics as assuring identity of certificants, making certain that supporting documentation is legitimate, and keeping the testing components free from misconduct all ensure the protection of the public and the integrity of the credential provided. Yet, today’s world offers many threats to the integrity of the credentialing process - stolen identities, cheating behaviors and attempts to “break a system” abound. This session will focus on strategies that regulatory bodies have enlisted to assure the fidelity of the credentials offered to serve that organization’s public protection mandate.
Learning objectives:
  Identify some of the methods by which credential fraud may occur; describe strategies that regulatory organizations can use to limit exposure to misconduct; recognize approaches that organizations can use for ongoing evaluation of the fidelity of the credentialing process
Coordinator: Linda Waters, Vice President, Professional Associations, Prometric
Speaker: Stacy Lawson, Team Leader, Prometric

All About the Uniform Administrative Procedures Act
While state administrative procedure statutes differ considerably, a prototype statute, the Model State Administrative Procedures Act (APA), has been adopted by many states in total, or substantial portions have been incorporated into their existing administrative procedure statute. Thus there is at least some procedural uniformity among the states. This presentation is an overview of the Tennessee APA and its procedures for efficient and fair decision-making. The program is a start-to-finish look at contested case hearings, covering topics such as agency complaint investigation, representing the client during the investigative stage, conduct of the contested case hearing, and judicial review and other relief from the agency final order.
Coordinator: Elizabeth Miller, Director, Division of Health Related Boards, Tennessee Department of Health
Moderator: Elizabeth Miller
Speakers: Christy A. Allen, Assistant Commissioner, Bureau of Health Licensure and Regulation, Tennessee Department of Health
Thomas G. Stovall
, Director, Chief Administrative Judge, Administrative Procedures Division,     Office of the Tennessee Secretary of State

Making Disciplinary Decisions Airtight
Many decisions of a licensing body are appealed to a higher authority by the licensee or, on occasion, the regulatory body. Traps and pitfalls along the way can cause an otherwise good decision to be overturned. What are the most common mistakes made by regulatory bodies which may lead to reversal of a disciplinary decision, and what can be done to avoid them?  Using a hypothetical case, participants will discuss potential problems with the investigation and adjudication of the case and learn to identify steps which can be taken to prevent reversal of the licensing board’s decision.
Learning objectives:
Recognize the most common mistakes which can result in reversal of agency decisions by appellate bodies and identify the steps which can be taken to avoid them
Coordinators: James R. Anliot, Director of Healthcare Compliance Services, Affiliated Monitors, Inc.
Jon Pellett
, Attorney, Barr Murman & Tonelli, P.A.
Moderator: Jon Pellett
Panelists: James Anliot
Michael Ferjak
, Criminal Investigator, Criminal Enforcement Unit, Office of the Attorney General, Iowa
Alison G. Cleaves
, Chief Deputy Counsel, Office of General Counsel, Tennessee Department of Health
Amigo Wade
, Senior Attorney, Virginia Division of Legislative Services
Jim Wilson
, Attorney, North Carolina

Investigator Issues Discussion Group
This roundtable will allow for continued discussion of the topics introduced during the earlier session.

Friday, September 24
7:15 – 8:15 a.m.     Early-Bird Sessions

Executive Leadership Program for Regulators

CLEAR’s Executive Leadership Program for Regulators is unlike any other leadership training you’ll experience and is not one to miss! The program provides information that immediately and directly enhances any regulator’s management techniques. Instructors employ a variety of delivery styles and tailor the curriculum to address issues of significance to each participant. Program topics include Characteristics of Regulatory Leadership, Leadership Styles, Organizational Dynamics, The Art of Negotiation, Media and Public Relations, and much more. Benefit from a preview session specially designed to offer a sample of the training experience. Attending this session will provide a better understanding of the overall program and will allow you to experience its relevance to your work. Come join us, then consider enrolling yourself and your management staff in scheduled future program offerings or bringing the training to your jurisdiction!
Speaker: Claudia Newman, Principal, NCA Associates

Regulatory Agency Administrators
In light of breaches or attempts to breach database systems, regulators need to have procedures/ business plans/ risk assessments in place that protect existing information and outline procedures for recovery from compromises or disasters. How paranoid should a regulatory agency be? What is the level of risk versus budget available? How can I test my system? Presenters will provide tools to help answer these questions.
Coordinators/Moderators: Regina Dinger, Executive Director, Alabama Board of Licensure for Professional Engineers and Land Surveyors
David Christian
, Assistant Deputy Director, South Carolina Department of Labor, Licensing and Regulation
Speaker: Mark Poole, Director of Test Security, Pearson VUE

8:30 – 10:00 a.m.   Concurrent Sessions
Computer-Based Testing: Considerations for Planning and Use

The use of Computer-Basted Testing (CBT) has gone from cutting edge to commonplace in little more than a decade. CBT has become the delivery medium of choice for many types of examination programs, including credentialing. This session brings together assessment experts and practitioners who will draw from real-world experience and research to provide an update on practical considerations for planning and implementing CBT in credentialing programs.
Learning objectives:
General understanding of how technology advances have affected credentialing testing; common CBT models; key considerations for planning a CBT program; considerations for migrating from a paper-based program; the key issues you must plan for in implementing and maintaining a CBT program and how these can be addressed; the five things that every testing program administrator should know about planning CBT for credentialing exams
Coordinator: John Weiner, Vice President and Chief Science Officer, PSI Services LLC
Moderator: George Gray, Director, ACT Inc.
John Weiner
Ron Rodgers
, President, Employment Research & Development Institute

The Challenge of Change – the Regulatory Leader of Yesterday, Today & Tomorrow
This broad theme will begin with a brief look back at the history of regulatory models and what was required of the leadership, how decisions were made and what we thought we knew about the world, our membership and the public. Shifting to current day, what skills are required of the regulatory leader in order to meet the demands of today’s world? With issues like the global marketplace, aging population, health human resource crisis, economic challenges and technology, just to name a few, how can the regulatory leader stay current and think strategically in the face of constant change? Given what research now tells us about the public’s expectations, government’s view on the role of regulators and the challenge of engaging members to participate in the regulation of their profession, people skills like communication appear to be at least in part the answer. Can regulatory leaders manage all these challenges while maintaining a positive outlook and keeping stress to a minimum? Looking ahead, what does the regulatory leader look like? What competencies will the regulatory leader need to possess to lead their organization into the future? What does the new CEO’s / ED’s resume need to look like? The audience will participate throughout the session using case scenarios and questions which will encourage participation.
Learning objectives:
Leadership skills necessary for the future; how to stay current and think strategically in the face of constant change; managing stress
Coordinator: Caroline MacIsaac-Power, Registrar, College of Opticians of Ontario
Moderator: Budd A. Hetrick, Jr, Consultant, BAHJR Consulting
Speakers: Caroline MacIsaac-Power
David Hodgson
, President, Regulation Dynamics; former Registrar, College of Audiologists and     Speech-Language Pathologists of Ontario

Expungement of Disciplinary Orders
This presentation will encompass the Canadian traditional approach that disciplinary findings are generally available to the public on a permanent basis, as well as the trend towards transparent regulation, making significant information about registrants available to the public through a central website for each profession. In contrast, the Kentucky Board of Nursing implemented a statute that allows the Board to expunge certain disciplinary orders at the request of the licensee. The statute and accompanying regulations will be discussed, as well as the relationship created between a licensee's entitlement to expungement and the duty to otherwise maintain records of the agency.
Learning objectives:
define expungement of disciplinary orders; identify circumstances when expungement may or may not be appropriate; identify key elements of implementing authorizing legislation for expungement; determine whether expungement would be a positive experience for other regulatory agencies and licensees
Coordinator: Steve Hart, Inspections and Investigations Coordinator, Kentucky Board of Pharmacy
Moderator: Steve Hart
Speakers: Sandra Johanson, Manager, Consumer Protection Branch, Kentucky Board of Nursing
Scott D. Majors, Prosecuting Attorney, Kentucky Board of Nursing
Richard Steinecke, Barrister & Solicitor, Steinecke Maciura LeBlanc
Additional Handout 1; Additional Handout 2; Additional Handout 3; Additional Handout 4

Regulatory Agency Administrators Discussion Group
Attendees will be divided into smaller groups to further discuss the concepts introduced in the early bird session, 7:15 – 8:15 a.m.
Coordinators/Moderators:  Regina Dinger, Executive Director, Alabama Board of Licensure for Professional Engineers and Land Surveyors
David Christian
, Assistant Deputy Director, South Carolina Department of Labor, Licensing and Regulation

10:30 – 11:30 a.m. Concurrent Sessions
Exploring the Challenges of Granting Test Accommodations in Canada

The complex legal landscape in Canada makes it challenging for organizations sponsoring national credentialing examinations to forge common approaches to granting testing accommodations for candidates with disabilities. This session will provide an overview of the sources providing the legal underpinnings for such accommodations: the Canadian Charter of Rights and Freedoms, provincial and territorial legislation, and case law. Specific challenges regulatory bodies have faced and the efforts of a national sponsoring organization, in concert with a Canadian testing organization and regulatory bodies, to provide guidelines fostering a national approach will also be presented.
Learning objectives:
This session will benefit other Canadian organizations involved in granting testing accommodations and US organizations which sponsor credentialing examinations but currently experience challenges in this area because Canadian candidates are not subject to ADA.
Coordinator: Charles Mayenga, Senior Consultant, Assessment Strategies Inc.
Moderator: Charles Mayenga
Speakers: Laurie Sourani, Regulatory Policy Analyst, Regulatory Policy, Canadian Nurses Association
Don Mayne,
Director, Corporate Affairs and Legal Counsel, Assessment Strategies Inc.
Paula Prendergast
, Policy Consultant, College of Registered Nurses of Nova Scotia
Christine R. Buckley
, Acting Director, Regulatory Policy, Manager, Regulatory Examinations, Canadian Nurses Association

Cyber Information Emergency – Agency Recovery After a Data System Has Been Compromised
From the US Department of Defense to the country of Brazil, cyber security crimes are a growing concern in corporate and governmental sectors. In this session, learn how the Virginia Department of Health Professions responded in 2009 when its computer system was accessed by an unauthorized user. At stake was the mission of the agency to “enhance the delivery of safe and competent health care by licensing qualified health care professionals, enforcing standards of practice, and providing information to both practitioners and consumers of health care services.”
Learning objectives:
Identify individuals and entities that may need to be involved in the assessment, evaluation and implementation of the data security emergency; learn how an agency recovers and what processes are needed for that recovery; understand which elements are needed in a continuous business operation plan; discuss possible ways to reduce cyber compromises
Coordinator: Faye Lemon, Director of Enforcement, Virginia Department of Health Professions
Moderator: Faye Lemon
Speakers: Mark D. Monson, Deputy Director for Administration, Virginia Department of Health Professions
Ralph Orr
, Program Director, Prescription Monitoring Program, Virginia Department of Health Professions

Screening Options for Making Disciplinary Decisions – To Use or Not to Use
Boards are challenged to find objective, legally defensible data to use in making disciplinary decisions. What tests can a Board order? Is one method better than another? Are there times not to use these tests? When in the discipline process should tests be considered? How does the Board decide what is appropriate, and how invasive should a Board be? This session will look at the use of body fluid screening technology, hair analysis, and breathalyzers. Also, the use of Medical Review Officers and chains of custody will be discussed.
Coordinator: Donna Mooney, Manager Disciplinary Proceedings, North Carolina Board of Nursing
Moderator: Melissa McDonald, Discipline Proceedings Coordinator, North Carolina Board of Nursing
Speaker: Donna Smith, Regulatory Affairs Officer, FirstLab, Inc.

Legal Issues Discussion Group
Topics for this discussion group will include: Americans with Disabilities Act - how do agencies comply and latest trends in enforcement against agencies/compliance; "top" regulatory cases arising in the various jurisdictions; international applicants - how do you comply with new screening/validation requirements and statutory and legislative barriers to performance of validation and screening of applicants; trends in public versus private counsel - who should represent the licensing boards (private outside counsel or in-house counsel) and do boards use the same attorney/counselor for prosecution and advice; and how does one state's legislation and tightening of regulation impact other states - the example of Florida's new tough zero tolerance laws for health professionals.
Coordinator/Moderator: Jon Pellet, Attorney, Barr Murman & Tonelli, P.A.

Noon - 2:00 p.m.
2010 CLEAR Awards Presentation, Luncheon and General Session, including “Get Fired Up Without Burning Out”

Carol Grace Anderson is a dynamic speaker and author of the popular book: Get Fired Up Without Burning Out!  She also has an inspiring story in the multi-million-selling Chicken Soup for the College Soul. This former Psychology teacher and performer has worked with many entertainment legends including Johnny Cash, Jimmy Buffett, Faye Dunaway, Willie Nelson, and Jane Pauley. What exciting stories of success she shares! Along the way, Carol has faced some big life challenges: growing up in an 18-foot trailer surrounded by circus performers, going permanently blind in one eye, and losing her younger sister to breast cancer. Carol has learned first-hand how to get fired up. . .even in tough times! She shares her solutions in an entertaining and powerful program that brings results. More than ever before, we need Carol’s message!

2:30 - 4:00 p.m.     Concurrent Sessions
Competency-Based Assessment for Internationally Educated Practitioners

This presentation will provide information about two innovative approaches to the assessment of internationally educated health professionals. Competency based assessments are an enhanced method of assessing applicants for registration and provide information in addition to that obtained through a document review. The assessments employ a variety of tools including credential review, self-assessment, traditional paper tests, interviews, case studies and clinical exams to assess entry to practice competencies. These processes utilize rigorous, transparent and fair methods that inform the regulatory body and the applicant about any competency gaps and provide direction for additional education or other activities required to enable professional registration.
Learning objectives:
An exploration of the best practices related to the implementation of a competency-based assessment process; the manner in which the jurisdictions have developed individualized learning options to address competency gaps identified through the competency-based assessment process; the benefits of having a competency-based assessment process available to regulators in addition to the current credential-based assessment process; learn about an innovative and flexible approach for registering internationally educated applicants using recognized standards established for competent, safe, professional practice; an example of a rigorous, transparent and fair process to facilitate the registration of internationally educated applicants; learn of a method for transforming paper-based registration tools into electronic tools; become aware of a different type of licensing process that potentially applies to different categories of applicants: international, returning to practice, graduate, etc.; see a comparison of the Competence Self-Assessment Process pilot results after one year of testing to College of Dietitians of British Columbia’s previous registration method; have the opportunity to question and reflect on the potential of this new registration approach for their regulatory organization.
Coordinators: Melanie Journoud, Deputy Registrar, College of Dietitians of British Columbia
Lynn Cairns
, Advisor, Initial Registration, College of Registered Nurses of British Columbia
Moderator: Fern Hubbard, Registrar, College of Dietitians of British Columbia
Speakers: Melanie Journoud
Lynn Cairns
Jean Farrar
, Deputy Registrar, College and Association of Registered Nurses of Alberta

Surveying the Landscape – Legal Trends in Regulatory Practice
This interactive session will engage the audience with a panel of legal experts as they explore professional regulatory trends and legal implications in Canada, the United Kingdom and the United States. Beginning with a brief overview of each jurisdiction and what types of regulatory approaches are currently being used, each panelist will describe challenges, barriers, collaboration efforts and successes in professional and occupational regulation. Loss of public confidence in professional and occupational regulation appears to be universal while professional mobility continues to be at the forefront of regulatory decision making in the United States. Discussion around the move away from self regulation in the United Kingdom and the layering of multiple external accountability mechanisms on regulators in Canada will be covered. Exploring the issues from the perspective of the needs of government, regulatory bodies, licensure candidates, and the public, health and non-health models will be discussed.
Learning objectives:
Information about Canadian, US and UK regulatory models; regulatory challenges, barriers, collaboration and successes from an international perspective
Coordinator: Caroline MacIsaac-Power, Registrar, College of Opticians of Ontario
Moderator: Caroline MacIsaac-Power
Speakers: Richard Steinecke, Barrister & Solicitor, Steinecke Maciura LeBlanc
Jonathan Bracken
, Chief Legal Counsel, UK Health Professions Council
Catherine Dower
, Associate Director – Research, Center for the Health Professions, University of California, San Francisco

Is It Really All About Me? – Protecting your Investigations from Allegations of Impropriety or Incompetence
Investigators have experienced an increase in the level of scrutiny applied to their work. Was there an appearance of bias, was the depth of an investigation too much or too little; was information obtained and managed appropriately; was the information obtained accurate; did the investigator have a conflict of interest?  This session will show how investigators can withstand the inevitable questioning of their credibility and competence including how to avoid common weaknesses in investigations, prepare for giving testimony and cross-examination, avoid allegations of bias, and appropriately manage cases to protect your reputation and the integrity of your investigations.
Learning objectives:
Raise awareness of common weaknesses in investigations and how to avoid them - useful for investigators and those who supervise or manage them; important practical tips for investigation work such as report writing, evidence collection and safeguarding, interviewing and case management; tips for avoiding allegations of bias and/or conflict of interest; testifying at hearings - how to be effective on the witness stand; the usefulness of case management
Coordinator: Donna Kline, Senior Director Regulatory Affairs, Institute of Chartered Accountants of Alberta
Moderator: Donna Kline
Speaker: Dean Benard, President, Benard + Associates

“What Keeps You Up at Night?”
Topics for this facilitated discussion will include standards development; emerging professions; professional mobility; the range of regulation (“intrusive” to “hands-off”); cultural diversity; and reciprocity.
Coordinator: Deanna Williams, Registrar, Ontario College of Pharmacists
Facilitators: Deanna Williams
Jan Robinson
, Registrar & CEO, College of Physiotherapists of Ontario

Saturday, September 25
7:15 – 8:15 a.m.     Early-Bird Sessions

Distance Education Standards and Issues for Regulated Professions – How to Better Ensure Competency with Online Education

This session will assist regulators in identifying policies that ensure quality online education and competency for the practitioners they regulate. Almost all regulatory licensing bodies require continuing education for their licensees. However, the value of continuing education can be compromised unless stringent standards for course instructional design and delivery are mandated by regulatory authorities.
Learning objectives:
Identify quality characteristics of live/classroom versus online instruction; identify trends and issues in distance education for professional education; discuss common concerns regulators have about distance education, and how to address them; develop attainable standards for distance education courses offered for professional education; identify strengths and weaknesses of different distance education delivery methods
Coordinator: Joe McClary, Director, International Distance Education Certification Center (IDECC)
Ida Darragh, Director of Testing, North American Registry of Midwives
Joe McClary

The Push and Pull on Professional Scopes of Practice
This session will explore why scopes of practice are changing. In looking at the genesis of the changes, the speakers will reflect on work force changes, advances in technology and education, consumer demands, and the imperative for interprofessional collaboration. This session will provide an informative orientation to scope of practice issues complementing “When Practice Scopes Expand – Challenges and Opportunities for Regulators.”
Coordinator: Mary Lou Gignac, Registrar & Executive Director, College of Dietitians of Ontario
Moderator: Mary Lou Gignac
Speakers: Deanna Williams, Registrar, Ontario College of Pharmacists
Jan Robinson
, Registrar & CEO, College of Physiotherapists of Ontario

New Federal Reporting Requirements for State Healthcare Regulatory Boards
Section 1921 of the Social Security Act will expand reporting to the National Practitioner Data Bank by requiring each state to have in effect a system of reporting disciplinary licensure actions taken against all licensed healthcare practitioners and organizations. It also requires states to report any negative action or finding that a peer review organization, private accreditation entity, or a state has concluded against a healthcare practitioner or organization.
Learning objectives:
Learn the scope of section 1921, what is reportable within what timeframe and the sanctions for failure to report
Coordinator: Sarah Monickam, Program Analyst, Division of Practitioner Data Banks, Bureau of Health Professions, Health Resources and Services Administration, U.S. Department of Health and Human Services
Moderator: Faye Lemon, Director of Enforcement, Virginia Department of Health Professions
Speakers: Bill West, Public Health Analyst, Division of Practitioner Data Banks, Bureau of Health Professions, Health Resources and Services Administration, U.S. Department of Health and Human Services
Regina Keegan
, SRA Intl. Inc. Contractor for U.S. Department of Health and Human Services

8:30 – 10:00 a.m.   Concurrent Sessions
Obtaining and Reviewing Academic Documents from International Jurisdictions

The Ontario College of Teachers is the largest self-regulatory body in Canada with a membership of over 200,000. The College is responsible for the certification of approximately 13,000 Ontario teachers each year. To date, the College has evaluated teaching credentials from over 100 different jurisdictions. This session will present information on the Ontario College of Teachers’ experience in obtaining and reviewing academic records from a variety of international jurisdictions. This session will appeal to all organizations, however those with limited resources may find it most helpful.
Learning objectives:
1. Assisting applicants: conducting on-going research and compiling country specific information to better facilitate credential evaluation; conducting information sessions for applicants regarding document requirements and to present strategies for obtaining documents; intervening on behalf of applicant to obtain documentation  2. Strategies to identify questionable documents: conducting on-going research through participating in workshops with other institutions; compiling country-specific documentation samples for reference; training staff on standard review techniques to consider when reviewing a document (mode of delivery, general appearance of document); seeking further information from issuing body for confirmation of authenticity  3. Investigating and resolving questionable document cases: corresponding with issuing institutions and applicants for clarification; communication tips for corresponding with institutions and applicants regarding questionable documents
Coordinator: Iona Mitchell, Manager of Membership Records, Ontario College of Teachers
Moderator: Cynthia D. Woodley, Vice President, Professional Testing Inc.
Speaker: Iona Mitchell

When Practice Scopes Expand – Challenges & Opportunities for Regulators
Panelists from professional regulatory authorities will outline their experiences regulating their professions amidst the changing landscape of evolving practice scopes. Regulators from all professions - health and non-health alike - are invited to attend and to share their own experiences respecting the challenges and opportunities of evolving practice scopes. This session is sure to evoke dynamic discussion and debate.
Learning objectives:
Sharing their own experiences and hopefully learning from others’ experiences the ideas that worked so as not to reinvent the wheel, but also those that did not
Coordinator: Deanna Williams, Registrar, Ontario College of Pharmacists
Moderator: Deanna Williams
Speakers: Jan Robinson, Registrar and CEO, College of Physiotherapists of Ontario
Ambrose McLoughlin
, Registrar and CEO, Pharmaceutical Society of Ireland

Lessons in Effective Remediation
Regulatory boards are charged with identifying licensees with poor practice or conduct and taking action to protect the public. Appropriate board action may involve remediation initiatives ranging from ongoing professional development including practice reflection to mandatory requirements related to the practice environment. The aim is not to punish the licensee, but rather to address any deficiencies in knowledge, skill or awareness so as to prevent the licensee from repeating similar conduct in the future. There are many different ways to ensure that a licensee is meeting their professional obligations related to their remediation program, but how do we ensure that the program is not only completed but completed effectively? Through the use of a variety of different tools and approaches to evaluation, licensees and in turn the boards may be in a better position to ensure that the public interest is protected.
Learning objectives:
Encourage participants to consider anticipated outcomes when developing orders and consent agreements to ensure that they will facilitate a licensee’s ability to demonstrate a change in their behaviour or conduct; increase participants’ awareness of both practical and legal problems which may arise in the implementation and enforcement of disciplinary orders and consent agreements
Coordinator: Anita Ashton, Director, Professional Conduct, College of Physiotherapists of Ontario
Moderator: Anita Ashton
Speakers: Karen Puckrin, Manager, Reports, College of Nurses of Ontario
Kevin McCarthy
, Manager, Complaints, College of Nurses of Ontario
James R. Anliot
, Director of Healthcare Compliance Services, Affiliated Monitors, Inc.

Test Accommodations under the Amended ADA – Dazed and Confused in 2010?
Are you baffled by the meaning of the amendments to the Americans with Disabilities Act? Confused about implementing the regulations? Left wondering how, if at all, these changes affect decision-making in the standardized testing world? You are not alone. Those of you reviewing requests and providing test accommodations are working within new, and sometimes ill-defined, parameters. Panelists with legal and operational experience across a range of examination programs will bring you up-to-date on the current legal landscape. In this interactive session using hypothetical cases, they will explore various approaches to the challenges you face.
Learning objectives:
A practical understanding of key issues affecting test accommodation activity and insights about managing the process in a changing environment
Coordinator: Elizabeth Azari, Associate Vice President, National Board of Medical Examiners
Moderator:Elizabeth Azari
Panelists:Janet D. Carson, Consultant to Testing and Certifying Entities
Marlene Dunham
, Program Director, Professional Examination Service
Catherine Farmer
, Manager, Disability Services, ADA Compliance Officer, Testing Programs, National Board of Medical Examiners
Ruth Loew
, Assistant Director, Office of Disability Policy, Educational Testing Service

10:30 a.m.  – noon  Concurrent Sessions
Ask the Experts – Test Administration Issues

“Ask the Experts” is an annual session at each CLEAR conference that proactively solicits questions from the attendees about assessment-related issues whether in regard to initial competency assessment or continuing competency. The session is highly interactive and participatory in that the experts will draw from their own experiences and from those of the other session attendees.
Coordinator: Sandra Greenberg, Vice President for Advisory Services, Professional Examination Service
Moderator: Sandra Greenberg
Panelists: Agata P. Butler, Vice President, Medical Education and Health Profession Services, National Board of Medical Examiners
Joseph McClintock
, Senior Project Manager, Measurement Incorporated
Cynthia D. Woodley
, Vice President, Professional Testing Inc.

Building Workforce Resiliency and Employee Engagement in the Regulatory World
Embracing new and innovative ways of “doing our business” is key to engaging and sustaining the employees we depend on to successfully meet our regulatory mandates during these turbulent and challenging economic times. Strategies employed for creating a more agile, flexible, resilient and content workforce, including transitioning from a traditional workplace to a telecommuting platform, will be shared and discussed.
Learning objectives:
Highlight a new and innovative way of "doing our business" and getting the audience to think outside the box- hopefully the "take-away" will be a change in attitude - to not be barriers to technology and innovation but rather to embrace change as a way to improve our work efficiencies and better regulate our professionals. "Take aways" will include tips and tactics to build and sustain motivation and interest in the workplace, particularly during turbulent times; basic steps to foster a more positive and optimistic environment; different perspectives and strategies to analyze and address seemingly hopeless situations with intentions of achieving improved employee performance, engagement and motivation.
Coordinator: Deanna Williams, Registrar, Ontario College of Pharmacists
Moderator: Jim Dunsdon, Consultant, JD Consulting
Speakers: Deanna Williams
Michelle Pedersen
, Director of Human Resources, Colorado Department of Regulatory Agencies

Can I Get a Witness?
Contested discipline hearings typically require evidence from two types of witnesses – fact witnesses and expert witnesses. This session will examine the practices and pitfalls associated with the selection and use of each type of witness. For fact witnesses, the key issue is credibility: How can the lawyer calling the fact witness assure credible testimony and minimize the risk that the credibility will be damaged on cross-examination? How does a discipline panel assess credibility of fact witnesses? For expert witnesses, the key issue is qualification: How does one select an appropriate expert based on the issues in the case? Will the expert be qualified by the discipline panel? What criteria should a panel use to qualify an expert and assess his or her evidence? The session will also examine the legal issues related to fact evidence versus opinion evidence and will address how to prepare a witness for cross-examination.  Practical case examples and case law will be used to illustrate the issues.
Learning objectives:
An understanding of the issues surrounding witness selection and use by counsel and assessment by panels; be informed and aware of best practices and things to avoid in the selection and use of both types of witnesses
Coordinators: Bruce Matthews, Deputy Registrar, Real Estate Council of Ontario
Deborah Worrad
, Registrar & Executive Director, College of Massage Therapists of Ontario
Moderator: Deborah Worrad
Speakers: Christopher Ashby, Barrister & Solicitor
Bonni Ellis
, Lawyer, Steinecke Maciura LeBlanc
Bruce Matthews


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