2003 Conference Session Presentations:

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Thursday, September 11:

CLEAR 2003 Board Member Training Program
- Role of a Board Member:
Margaret Risk, Margaret Risk Consultants
- Administrative Rulemaking: Richard Steinecke, Partner, Steinecke, Martic, Maciura, Barristers and Solicitors; Carl Williams, former Executive Director, Ohio Occupational Therapy, Physical Therapy and Athletic Trainers Board

- Ethics;
Mary Romelfanger
, Director of US Health Services, Sisters of Charity of Nazareth

Pre-Conference Workshop - Testing Essentials: Modern Testing Concepts
Presentations by leading psychometricians will cover current test development concepts including Job Analysis, Item Writing, Test Development, Passing Standards, and Score Setting. This will be an overview of the important steps in developing a defensible examination program. The session will include time for questions from the audience.
Speakers: Reed Castle, Director of Research and Development, Schroeder Measurement Technologies Inc.
Julia Leahy, Principal, Professional Certification Services, Chauncey, a Division of Capstar
Paul Naylor, Consultant
Steven S. Nettles,
Vice President, Research and Development, Applied Measurement Professionals Inc.

11:00 a.m. - noon
Orientation to CLEAR
This is an opportunity for all annual meeting 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.
Speakers: David Monahan, Assistant Attorney General, Massachusetts
Clare Delaney, President, CIEMS

1:00 – 2:00 p.m.
Opening Session –
"Pushing the Boundaries of Leadership"
Opening Address: Bob O’Donnell, Woodstock Institute for Negotiation
Bob O’Donnell is the Director and Senior Instructor of the Woodstock Institute for Negotiation. He is the creator of the Collaborative WIN Process, a positive and effective means to work with and lead others. As an international trainer, he has trained over 7,500 business and government people in negotiation, collaboration, and leadership in the United States, Canada, Ireland, Northern Ireland, Ukraine, Central America, Hong Kong, and Africa.

2:30 – 3:30 p.m.
Public Accountability Part I – What Does It Mean to Be a Responsible Regulator?
Regulators are by virtue of mandate "keepers" of the public good. In enforcing rules that relate to public interest,
the expectation is that members are accountable for their individual conduct and behavior. Increasingly, this same standard is being applied to organizations entrusted with these roles. As a regulator, how responsible are you in assuring your organization’s accountability for meeting its mandate - not just adequately but to a reasonable level of quality? Where does transparency of process fit? What about public reporting of performance - should it be an expectation in the regulatory world, and to what extent? This session will explore current trends in organizational accountability and challenge regulators to examine their responsibilities and opportunities to lead the way and possibly serve as role models of the very behaviors expected of members.
Speakers: Anne Coghlan, Executive Director, College of Nurses of Ontario
Jan Robinson, Registrar, College of Physiotherapists of Ontario

Accountability and Effectiveness: Maintaining Security at Test Centers
How can test sponsors ensure accountability to and effectiveness of the policies and procedures developed for administration of examinations at test centers? Topics will include developing policies and procedures for test centers, technology available to support these policies and procedures, and processes for the test sponsor to verify that tests are administered in a secure manner.
Speakers: Barbara Halsey, CBT Quality Director, Chauncey, a Division of Capstar
Don Wagner, Vice President, Business Development, Pearson VUE
Cynthia Miller Murphy, Executive Director, Oncology Nursing Certification Corporation

Paper or Plastic: What Choice Have You Made to Process a Case?
Are you still using paper files, or have you switched to computer disks? Explore how one agency processes cases
in an electronic arena, using technological advances to vastly improve on efficiency, dissemination of information, customer service, and compliance with timelines mandated by statute, while realizing substantial cost-savings. Follow the path of a case: the electronic submission of the Investigative Report by staff, the scanning of the Enforcement File prior to the disciplinary proceeding, the entire Record File on compact disk for full Board consideration via individual monitors, and the publication of all Case Decisions on the Agency’s website.
Speakers: Bonnie Rhea Adams, Assistant Director Enforcement Division, Virginia Department of Professional and Occupational Regulation
James Guffey, Deputy Director for Enforcement, Virginia Department of Professional and
Occupational Regulation

Health Issues Roundtable
This session will focus on healthcare workforce shortages and the implications for public protection. Participants will be invited to discuss ideas related to workforce planning, expanding scopes of practice, liability issues, and overall implications for public protection.
Discussants: Dean Benard, Investigator, College of Nurses of Ontario
Kristin Hellquist, Associate Director of Policy and External Relations, National Council of
State Boards of Nursing

4:00 – 5:00 p.m. 
Public Accountability Part II – Best Practices
This session will focus on best practices in defining what it means to be a responsible regulator. From a state perspective, an occupational licensing model adopted in the state of Texas will be presented including the criteria by which a sunset commission judges whether occupational licensing standards are met. ISO/IEC 17024 is the first international standard dealing with the general requirements for organizations involved in certifying individuals. It has been agreed to by 143 countries. ISO/IEC 17024 focuses on management systems and continuous quality improvement. The presentation will describe the content and application of ISO/IEC 17024 as a basis for accrediting by using an "on-site" audit for accreditation purposes.
Speakers: Jim Zukowski, Division Director, Texas Professional Licensing & Certification,
Department of Health 
Roy Swift, Program Director, Personnel Certifier Accreditation Program, American National Standards Institute
Michael Rosenfeld, Principal Research Scientist, Educational Testing Service Inc.
Stefan Janhager, Senior Program Officer, Environmental Management Systems, Standards Council of Canada

Practice Makes Perfect – Or Does It?
Should a practice or self-assessment examination be offered by the sponsor of a licensure examination program? If no, are there ethical or conflict of interest issues if a sponsor of a licensure examination program were to offer such a service? If yes, what does the research say about the impact of taking a practice or self-assessment examination? Or getting score feedback? What do candidates say? In addition, a brief pre- and post-test on facts and beliefs about practice and self-assessment examinations will be administered and scored at the session.
Speakers: Terry Kowalski, National Director of Certification Programs-Business Development, Promissor
Steven S. Nettles, Vice President, Research and Development, Applied Measurement
Professionals Inc.
William J. Hatherill, CEO, Federation of State Boards of Physical Therapy
Paul King, Vice President for Programs, Professional Examination Service
Moderator's Opening Comments
Opinions on Practice Tests Questionnaire
and Results

Morale: Who Is Taking Care of Your Investigators?
No matter the outcome of a case – someone is upset with the investigator. What must managers, Board Members, and investigators do to decrease stress, stay motivated, and maintain the quality of the investigation?
Speaker: Faye Lemon, Director of Enforcement, Virginia Department of Health Professions

Autonomous Boards Roundtable – Consolidating to Save Money
This session will be a venue for discussing ways for boards to retain autonomy while consolidating certain functions. As an example, the State of Missouri will provide you their success story of how autonomous boards combined staff, equipment, skills, and money with administration to achieve outcomes of improved service, shared talents, and dollars saved . . . but not without some challenges along the way.
Speaker: Jerry Griffin, Chairman, Missouri State Board of Embalmers and Funeral Directors

Friday, September 12

7:30 – 8:30 a.m.
It Could Happen To You (Bizarre Incidents in Testing)
This session will be light-hearted but address some of the extreme occurrences in testing. Examples will include cheating, security breaches, strange requests or incidents, stories, candidate letters, etc. It will range from candidates to proctors to customer service. The panel solicited stories and examples from other vendors and regulatory boards. They will present these to attendees. The panelists and participants will be asked to react to the incidents and responses.
Speakers: Tadas Dabsys, Vice President, PSI Examination Services
Rina Sjolund, Assistant Vice President, ACT
Lynn Webb, Assessment Consultant
Session handout

Regulating/De-Regulating and Changing Scopes of Practice in the Health Professions- Is It a Question of Why or Why Not?
There are competing interests at play when determining whether to regulate a new health profession, de-regulate an existing health profession, or expand the scope of practice of a health profession. Decision-makers, usually government, must balance the "public interest" with the aspirations of the affected professions. For the past decade in Ontario, an independent advisory body has conducted a careful review of established criteria in order to make recommendations to the government on questions of regulation, de-regulation, and expanded scopes of practice for health professions. Panel members will examine the criteria used in Ontario; review best practices in various Canadian, American, and international jurisdictions; and discuss how decision-makers manage competing interests when deciding questions of regulation/de-regulation and expansions of scopes of practice. The session will include a review of some of the trends/emerging issues in this area.
Speakers: Rob Alder, Chair, Health Professions Regulatory Advisory Council
Bob Morton, Vice-Chair, Health Professions Regulatory Advisory Council
Sharon Saberton, Registrar, College of Medical Radiation Technologists of Ontario
Jo-Ann P. Willson, Registrar, College of Chiropractors of Ontario

8:30 – 10:00 a.m. 
"Pushing the Boundaries of Regulation Through Public Policy"
Keynote address:
Bob Holsworth is Professor of Political Science and Public Administration and Director of the Center for Public Policy at Virginia Commonwealth University. He was recently appointed Director of the School of Government & Public Affairs. He teaches courses in Virginia Politics, American Politics, and Political Theory. He has written four books and numerous articles about American politics and culture. Frances Picherack is a policy advisor and management consultant specializing in governance, strategy design, policy development, and management processes for organizations. She has developed a substantial niche in the policies, laws, regulations, regulatory mechanisms, and programs in contemporary professions regulation in Ontario, Alberta, and British Columbia. She has presented at a variety of professional conferences and authored many papers and reports for clients and publication.

10:30 – noon
National Security – Regulation and Emergency Preparedness
The US Homeland Security Department was founded to protect the health and safety of the public, prevent and detect illegal or unauthorized use of privilege, prepare for any attack, and organize the efforts of government to respond. Sounds a lot like regulation, doesn’t it? Current world events lead us to believe that it is not a matter of if, but when, the next attack will occur. With greater cooperation between agencies and more sharing of information, governments can reduce the impact of terrorist threats through education about public safety, early detection, and organized response. What are government agencies doing now to cooperate and address this issue? Regulators already know the capacities of our licensed health care facilities and the skills of health care providers who are essential to an emergency response. Beyond health care, we regulate other industries like trucking, shipping, air transport, and even contracting and food services. We hold a wealth of information about licensed individuals and businesses that could help in the event of an emergency. Could the Homeland Security Department use our established infrastructure and resources? What can you do to help, and what’s in it for you in terms of funding for new initiatives? A panel of experts will explore these issues and offer suggestions to help your agency. Due to the recent SARS outbreak in Toronto, this session will include lessons learned and regulatory issues dealing with and preparing for the SARS emergency. Come to hear real experiences and how this recent emergency was handled in Toronto.
Speakers: Anne Coghlan, Executive Director, College of Nurses of Ontario
Amy Jones, Division Director, Florida Department of Health, Division of Medical Quality
Assurance
Judy Powell, President, American Association of State Counseling Boards and Chair, Texas State Board of Examiners of Licensed Professional Counselors
James Young, Assistant Deputy Minister, Public Safety Division, Ontario Ministry of Public Safety & Security

Defending Your Licensing Examination Program
This session will provide information about how to ensure that a testing program used for licensing can withstand legal challenge. Topics will include the steps required to develop a legally defensible program and how these steps relate to one another, what data should be routinely collected to help defend the program, and how to ensure that program documentation is adequate to defend the program if it is challenged.

Speakers:
Deborah Worrad, Registrar, College of Massage Therapists of Ontario
Robert C. Shaw,
Program Director, Applied Measurement Professionals
Ron Rodgers,
President, CTS/Employment Research & Development Institute

Getting It Right the First Time: Applying Research to Reduce Recidivism
Stopping the revolving door. Regulatory boards and agencies increasingly use prior discipline actions to influence current board actions. This session will look at research to evaluate whether past performance is a predictor of future behavior.
Speakers: Karen McGovern, Manager, Hearings, College of Nurses of Ontario
Vickie Sheets, Director of Practice, National Council of State Boards of Nursing

Investigator Roundtable: Case Studies
Whether we are seasoned veterans supervising and training others or just beginning in regulatory enforcement, there are certain types of cases that we will all encounter during the course of our careers. This session will examine these and focus on both general and specific aspects to explore "best case scenarios." Members of the Professional Discipline Subcommittee will present case studies for discussion.

Speakers: Claudia Skolnik, Manager, Investigations & Resolutions, Ontario College of Pharmacists
Betty Smelser, Senior Investigator, Oklahoma Board of Nursing
Linda Volz, Program Administrator, Colorado Department of Regulatory Agencies
Scotty Lewis, Director of Investigations, Tennessee Department of Commerce and
Insurance, Division of Regulatory Boards

1:30 – 3:00 p.m.
Should Regulators Be Policy Makers?– An International Perspective
When it comes to crafting new legislation or legislative changes, regulators can play a role in shaping legislation that ultimately impacts regulation. Panel members representing American states and Canadian provinces will share their experiences in how they can be either proactive or reactive to legislators’ needs.
Speakers: Peter Alexander, Policy Analyst, Ontario College of Teachers
André Gariépy, Director-General, Conseil Interprofessionel du Québec
Kathy Apple, Executive Director, National Council of State Boards of Nursing
James Carr, Senior Assistant Attorney General, Colorado Department of Regulatory Affairs

Technology, Service and Delivery
"Point and Click – Using the Internet to Enhance Your Testing Program" The Internet is everywhere in our daily lives. It’s time web-based tools are incorporated into testing and certification/licensure programs. This session will explore some of the best practices being used in communication, scheduling, data management, and reporting. "Innovative Uses of Technology in Testing" Technological developments continue to increase the testing alternatives available to regulatory bodies. Greater accessibility to the Internet and advances in Internet security have made it possible to conduct many test development activities online. Reliable technologies for automated scoring of narrative answers are emerging rapidly. Better graphics and other advances encourage the use of innovative item types. Secure Internet test delivery has enabled customization of exams for local delivery where regulation differs across provincial/state lines. Possibilities and pitfalls presented by these technological advances will be discussed. 
Speakers: Steve Greenfield, Product Services Manager, NCS Pearson 
Dan Luk, Chief Technology Officer, Capstar
Mike Dawe, Director, e-Strategy and Learning, City & Guilds, United Kingdom

Shifting Standards of Proof: What’s Your Burden?
Determining a standard of proof is an essential part of a case. Starting with the intake, through the investigation, and into final adjudication, this session will focus on looking at how a lack of understanding of the burden of proof can influence outcomes.
Speakers: Amigo Wade (Handout), Senior Attorney, Division of Legislative Services, Virginia
Linda Volz (Case Study 1 and Case Study 2), Program Administrator, Colorado Department of Regulatory Agencies,
Division of Registrations

Trade Agreements Roundtable: NAFTA and Beyond: Implications for Regulation
This roundtable session will explore the framework and continuing developments with professional mobility under NAFTA. Future implications for higher education accreditation, entry to practice requirements, and immigration will be raised for discussion by participants. A brief review of other trade initiatives to watch will also be provided.
Speaker: Jim McIlroy, Attorney, McIlroy & McIlroy

3:30 - 5:00 p.m.
Licensure of Internationally-Trained Professionals Part I
Labor mobility presents a number of challenges for professional regulatory bodies, governments, and internationally-educated professionals. Regulators are under increasing pressure to ensure that licensure policies and processes support access to the profession while maintaining standards that are in the public interest. How do we ensure that international applicants are competent to practice safely in a new jurisdiction? Are current assessment processes fair, consistent, and transparent? This session will explore the issues faced by regulators in responding to requests for licensure from internationally-educated applicants. Strategies will be presented which have been developed through the collaborative efforts of governments, regulatory bodies, employers, community groups, and educational institutions to address the unique needs of these applicants for professional licensure.
Speakers: Shamira Madhany, Manager, Access to Professions and Trades Unit, Ontario Ministry of Training, Colleges and Universities
Edwina McGroddy, Associate Registrar – Policy Analysis, Institute of Chartered
Accountants of Ontario
Dawn Sheppard, Manager, CARE for Nurses Project
Christyna Schillemore, Manager, Registration Programs, Ontario College of Pharmacists

Research-Based Policy
This session will present information to policymakers regarding research that should be conducted to support agencies’ licensing decisions. Research can shape licensing boards’ decision-making in such diverse areas as refining scopes of practice; establishing/revising the initial and ongoing education, experience, and education requirements for credentials; determining appropriate sanctions for malpractice; and validating the public protection value of credentials. Research can assist in shaping educational, experiential, and licensing requirements through practice analysis, exam statistics, and studies of the profession; and provide perspectives of candidate and licensee populations and their working environment. Research can be designed to erase misconceptions and evaluate the efficacy of multiple types of examinations (e.g., MCQ, practical, essay, etc.). Research results can defuse concerns about the appropriateness of the passing rates and assist agencies in understanding the relationship between examinations and candidates regarding education and experiential preparedness.
Speakers: Sandra Greenberg, Vice President for Research & Development and Public Service, Professional Examination Service 
Randy Lindner, Executive Director, National Examiners of Long Term Care Administration

Finding the Balance Between Expediency and Justice
Investigators and boards are pushed to quickly process a complaint and reach a decision. But if a case is done too fast, you miss something; if delayed, you may lose something. This session will focus on getting it right without compromising justice on either side.
Speakers: David Work, Executive Director, North Carolina Board of Pharmacy
Bernard LeBlanc, Attorney at Law, Steinecke Maciura LeBlanc, Barristers & Solicitors
Budd Hetrick, Deputy Bureau Chief, Idaho Bureau of Occupational Licensing

Creating a Leadership Vision: Roundtable with Bob O’Donnell
This session will discuss one of the essential acts of pushing the boundaries of leadership: the creation and sharing of a "Leadership Vision." Participants will be exposed to sample "Visions" and will be taken through the sequential steps of creating their own "Leadership Vision."
Speaker: Bob O’Donnell, Director and Senior Instructor, Woodstock Institute for Negotiation

Saturday, September 13

7:30 – 8:30 a.m.
Canada: Regulatory Models Explained
Attendees will learn about the differing regulatory models in Alberta, Ontario, and Québec. This early-bird session will allow those present to pose questions and become better informed about regulatory practices across Canada.
Speakers: Georgeann Wilkin, Director of Health Professions, Health Workforce Division, Ministry of Health and Wellness, Alberta
Peter Osborne, Lawyer, Lenczner Slaght Royce Smith and Griffin
André Gariépy, Director-General, Conseil Interprofessionel du Québec

Cultural Diversity and the Delivery of High-Stakes Examinations
As examination candidate populations become more culturally diverse, issues related to examination administration, candidate identification, credentials assessment, and testing accommodations become more complicated. This panel reviews recent developments and discusses alternate program policies.
Speakers: Tony Zara, Vice President, Professional Licensing and Certification, Pearson VUE
Casey Marks, Director of Testing Services, National Council of State Boards of Nursing
Reed A. Castle, Director of Research and Development, Schroeder Measurement Technologies Inc.

8:30 – 10:00 a.m.
Licensure of Internationally-Trained Professionals Part II
This session deals with issues related to licensure of internationally-trained professionals with a global view. Migration of the workforce between countries presents challenges nationally and internationally. What global concerns should we have in addressing the needs in one country? What is the perspective of some stakeholders (regulators, businesses, international NGOs)? What are the conceptual frameworks that allow us to see outside the box about this issue? As an example, the conceptual framework of the World Health Organization on the global healthcare labor force will be presented.
Speaker: Carolyn Moore, Executive Director, College of Registered Nurses of Nova Scotia

Re-credentialing: Two Case Studies
This session will present the experiences of two re-credentialing/continuing competency programs. Details will be provided on program history, program progression, and describing the trends and results. The challenges associated with remediation will be addressed.
Speakers: Anthony Marini, Pyschometrician, University of Calgary
Patricia Diraimo, Chair, Diabetes Educator, Canadian Diabetes Educators Certification
Board

Justice vs. Mercy: Punishment, Remediation, or Education
Is punishment a Board’s role? Do we protect the public if a licensee is not removed from practice? What are the real perceptions of public protection? This interactive session will discuss the philosophical relationship between justice and mercy.
Speakers:
Jim Wilson, Attorney-at-Law
Janice McRorie, Chair, North Carolina Board of Nursing
Shannon McCorquodale, Retired Regulator

10:30 – 11:30 a.m.
Licensing and Educational Partnerships: Virginia Experiences
The Virginia Professional Licensing Education Task Force is a cooperative effort to coordinate educational programs and licensing requirements for regulated professions in the Commonwealth. Goals include increasing communication between those designing Virginia’s education programs and those responsible for establishing licensing requirements; creating partnerships to increase efficiency and service through the coordination, development, and operation of education, licensing, and testing programs; and ensuring that state education and licensing requirements are coordinated to maximize the opportunities for licensure to the public. These partnerships have been responsible for the implementation of programs such as the Basic Contractor Licensing Class. The Department of Professional and Occupational Regulation and the Board of Contractors in partnership with the Virginia Community College System created a one-day class for licensed contractors. Goals of the course are to educate respondents in disciplinary cases to avoid future regulatory and statutory violations and to protect the safety, health, and welfare of the public. The class is also available to members of the public who are interested in pursuing apprenticeships, training, and licensing in the field.
Speakers: Louise Ware, Director, Virginia Department of Professional and Occupational Regulation
Sharon Sweet, Director, Office of Education and Examinations, Virginia Department of Professional and Occupational Regulation
Bill Mercer, Director, Institute for Building Technologies, Virginia Community College System

Are There Boundaries in Testing? Responding to Your Practical Questions
We have pushed the boundaries of testing during the last few days through many interesting and informative sessions. But, how far can we push the boundaries and still have a defensible testing program? We know that all your practical questions about testing have not been answered. The purpose of the session is to respond to specific questions posed by CLEAR conference attendees. A list of potential questions with space for you to write in more questions is included in your registration packet. To be sure to get your question answered, turn your sheet in to the CLEAR registration desk by Friday 5:00 PM. A panel of experts will respond to these practical questions.
Speakers: Yves Lafortune, Director, Assessment Strategies Inc.
Fae Mellichamp, Senior Psychometrician, Professional Testing Inc.
Lynn C. Webb, Testing Consultant

When Is the Licensee a Private Citizen?
Moral turpitude! Good moral character! - terms often evaluated for entry into the profession. Should "bad acts" outside of one’s professional life affect the ability to maintain a license?
Speakers: David Jacobs, Shell Jacobs Lawyers
Anthony Diggs, Director of Enforcement, Texas Board of Nursing

1:00 – 2:00 p.m.
"Pushing the Boundaries of Life"
Closing Address: Jean Marmoreo is a family physician and co-founder of Edward Street Medical Associates, a downtown Toronto clinic. She is a Lecturer in the Family Practice Department of the University of Toronto School of Medicine. A specialist in mid-life medicine, Jean writes a bi-weekly column for The National Post entitled "The Middle Ages." Jean is an avid runner and organizer of Jean’s Marines, a group of Toronto women who run the Marine Corps Marathon in Washington, DC.