CLEAR Podcast: Episode Transcripts
You can listen to full episodes online or find the podcast on your favorite player (feed url is http://podcast.clearhq.org/feed/). Written transcripts of episodes are available at the links below.
Episode 63: Regulatory Sandboxes - Concept and Implementation
Release date: March 14, 2023
Jan Robinson, Bradley Chisholm, and Micah Matthews explore the concept of sandboxes for professional and occupational regulators. What is a regulatory sandbox? It's important to think about it like a tool to relax legal and regulatory requirements to create a bit of safe space for experimenting. Experimentation is really necessary because we're working in complex systems, and so are those we regulate. Regulatory sandboxes can help regulators contribute to needed agility in the regulatory environment, while drawing clear lines where innovation can occur and being specific about where it cannot.
Episode 62: Themes in Professional Licensing with CLEAR’s Premier Technology Partner, Thentia
Release date: February 14, 2023
Paul Leavoy, Managing Director - Regulatory Content and editor of Ascend magazine for Thentia, talks with CLEAR about regulatory news and current themes in professional licensing. He highlights how labor shortage issues are intertwined with licensing reform and license portability. He talks about some interesting interviews he's done with Dr. Marie Bismark about data trends in complaints and with NCSBN's David Benton about using technology and AI for complaints handling. He gives examples of states doing great work on licensing reform and licensure compacts. And he gives a peek at some research projects Thentia is working on: "Something that excites me is kind of painting a picture of tomorrow's regulator. If we flash forward with all the tools and technologies that are within our grasp - What does it look like 10 years from now?"
Episode 61: Regulatory Connections - The UK’s New Institute of Regulation
Release date: January 10, 2023
Marcial Boo, chair of the new Institute of Regulation in the UK, joins us for this episode. Hear about the membership and goals of this new professional body for regulators in the UK. Marcial shares some of the challenges facing regulators in the UK, many of them similar to challenges faced by regulatory organizations around the world. Marcial hopes that CLEAR members and members of the Institute of Regulation "can make connections, interact over time, and benefit from the insight that we each have on our different regulatory challenges."
Episode 60: Inquiry to Audit - Improving Communications
Release date: December 13, 2022
Carol Puchailo with the College of Registered Nurses of Manitoba discusses the College's Inquiry to Audit (I2A) Project, an initiative the practice team took to critically think through their systems processes with a focus on improving communication. She discusses how the goal of quality assurance - always striving to get better - can also be applied to the college's own way of doing business, with a goal of improving communication to the public and to registrants. She discusses challenges of determining what information can be shared between the quality assurance team and the conduct team. She talks about the benefits to registrants and to college staff from clearly defining what an inquiry, consultation, review, and audit are and creating a map and flow chart to direct people through the process. "So, it's a process that worked well, and we felt that we were successful at it, but we had to always check in with ourselves. . . . It's going to be an ongoing conversation."
Episode 59: Evaluating How Medical Boards Communicate about Physician Sexual Misconduct
Release date: November 8, 2022
Lisa McGiffert with the Patient Safety Action network and Carol Cronin with the Informed Patient Institute share research and recommendations from their report, Communicating about Physician Sexual Misconduct: How are state medical boards doing? They raise concerns about the ability to find information about physician sexual misconduct on state medical board websites. They highlight websites that are doing well at indicating the seriousness of the issue, providing information for doctors and for patients, and providing resources for those who have been sexually assaulted. They give recommendations about clearly stating a policy of zero tolerance, clear explanations for doctors and patients about sexual misbehavior, transparency about complaints, and the use of straightforward language. They also discuss recommendations related to education and training on trauma-informed care and implicit bias.
Episode 58: CLEAR’s 2022-24 Strategic Plan – Supporting the Regulator of Tomorrow
Release date: October 11, 2022
During CLEAR's return to our in-person annual conference in Louisville, we were able to sit down with Board members to discuss the 2022-24 strategic plan and some of the exciting initiatives underway to support CLEAR members. The conversation centered on CLEAR's role in facilitating peer learning and connections and forwarding innovative thinking to support the regulator of tomorrow. Hear about CLEAR's strategic priorities around developing a mentorship model; exploring the concept of regulatory sandboxes; addressing the regulator's role in responding to the workforce crisis; providing resources about innovations and lessons learned related to remote working patterns; and serving as a change agent related to diversity, equity and inclusion in professional and occupational regulation.
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
Chris McIntyre, keynote speaker for CLEAR's 2021 Winter Symposium, talks about what we really mean when we say "unconscious bias," different areas we need to consider related to diversity, ways that unconscious bias can influence our decision-making on a personal and professional level, and what we can do to minimize the impact of unconscious bias. He also shares some questions organizations can ask themselves to determine if their efforts at addressing unconscious bias are successful.
Episode 36: CLEAR's Board Addresses Unconscious Bias
Release date: December 8, 2020
CLEAR Board members Marc Spector and Staci Mason discuss how the Board is beginning to address the topic of unconscious bias. They share why the Board decided to take this important step of learning and listening to better understand unconscious bias, prejudices and discrimination, beginning with some training sessions and self-reflection. They share CLEAR's goals of exploring diversity and inclusion strategies, encouraging meaningful discussions about bias in professional licensing, and establishing tangible measures of success in addressing these issues - including sharing all of this information with CLEAR's membership.
Episode 35: The Role of Public Board Members
Release date: November 17, 2020
Graeme Keirstead and Barbara Holtry discuss the unique role that public members serve on regulatory boards and councils. They talk about why it's important to include public members and how their role differs from professional members. They offer ideas for ensuring diversity on boards and recruiting qualified members. They also discuss ways in which regulatory staff can assist public members in feeling prepared for their role and able to make an effective and needed contribution.
Episode 34: Conflicts of Interest with SMEs
Release date: October 13, 2020
Peter Mackey with Peterbridge Communications LLC discusses conflicts of interest that subject matter experts might encounter when serving in exam-related roles for credentialing organizations. He talks about the risks to integrity of the exam and the reputation of the program if bias or conflicts of interest are allowed to affect exam-related activities. His recommendations for conflict management include promoting awareness about conflicts; clearly and frequently communicating expected behaviors and examples of conflicts; focusing on disclosure; and evaluating the likelihood of a breach and potential consequences, including consultation with legal experts when necessary.
Episode 33: State Regulatory Structures Report
Release date: September 8, 2020
The National Conference of State Legislatures (NCSL), the Council for State Governments (CSG), and the National Governor’s Association Center for Best Practices (NGA Center) partnered with CLEAR on a comprehensive resource covering regulatory structures in use in the United States. The State Regulatory Structures report is informed by a survey conducted by CLEAR asking respondents to indicate which of five regulatory model(s) best represented their current regulatory organization. Results from 46 jurisdictions have been documented based on several different factors, including number of models in place within the jurisdiction, responsibility for decision-making authority, and responsibility for operational functions. In this podcast episode, Suzanne Hultin and Iris Hentze with NCSL talk about the larger Occupational Licensing Consortium Project and the impetus for the regulatory structures report. Stephanie Thompson with CLEAR shares some highlights of data from the report. And Cory Everett, regulatory consultant, provides context on how the report fits into the overall regulatory landscape in the US and what policymakers can take away from the report.
Episode 32: CLEAR's Conference Goes Virtual!
Release date: August 11, 2020
Micah Matthews and Helene Goldberg, chair and vice-chair of CLEAR's Conference Program planning committee, share news about the shift to the 2020 Annual Conference Virtual Experience. Listen in to hear about the pre-recorded and live content being offered, with relevant and informative sessions as attendees have come to expect from CLEAR's Annual Educational Conference. Hear how you can use the virtual platform to build your own session schedule, interact with presenters, and network with regulatory colleagues and vendors worldwide.
Episode 31: Mobility and the Interstate Medical Licensure Compact
Release date: July 14, 2020
Marschall Smith, executive director of the Interstate Medical Licensure Compact Commission, discusses how the idea for creating a physician compact came about, what the compact does, and how it works. He shares some ways the compact has had a beneficial impact on improving access to care in rural and underserved areas and via telemedicine, especially as we deal with the coronavirus pandemic. He also mentions the IMLCC's mechanism to allow for joint investigations of physicians across states and planned improvements to move the compact process to a cloud-based system with a common database.
Episode 30: The Board’s Role in Reopening Regulated Services
Release date: June 9, 2020
As state and jurisdictions start to reopen personal and medical services that were shut down in response to the COVID-19 pandemic, Sara Chambers with Alaska Division of Corporations, Businesses, and Professional Licensing; Gina Fast with Minnesota Board of Cosmetology; and Adam Higginbotham with Nevada State Board of Cosmetology share information about their boards' roles in developing reopening guidelines. They discuss concerns and challenges faced by their boards and their licensees. Reflecting on lessons learned, they talk about the importance of technology in staying connected and communicating with licensees, listening to the licensees and providing resources they need through multiple communication channels, and collaboration with board and industry stakeholders to develop consistent guidance and messaging.
Episode 29: Medical Marijuana and Licensure Issues
Release date: May 12, 2020
Lori Dodson with the Maryland Medical Cannabis Commission and Kevin Huff and Sean Pascal with the Colorado Division of Professions and Occupations Office of Investigations share their perspectives on regulating the medical marijuana industry. Ms. Dodson, with a relatively new commission, discusses some challenges and successes in building a regulatory agency from the ground up. The Colorado representatives, with a more established program, talk about the enforcement aspect for licensees who have a medical marijuana recommendation as well as the requirements for physicians making recommendations.
Episode 28: Research on Recidivism
Release date: April 14, 2020
Jimi Bush and Sarah Chenvert with the Washington Medical Commission discuss a recent recidivism study undertaken to look for behavior patterns among licensees who have undergone more than one instance of discipline within a 10-year time frame. The study aimed to determine if the Medical Commission's corrective actions had effectively resulted in physicians and physician assistants changing their practices and modifying their behavior. They share some findings of the study and some ways that the Commission will use the data to revamp their compliance program to work more closely with licensees to educate them and address common compliance issues before they become a problem.
Special Episode: COVID-19 Resources for Regulators
Release date: April 7, 2020
We’re bringing you a special episode of the CLEAR podcast, talking about information and resources related to the COVID-19 emergency. This is a challenging time for everyone as we respond to this global health emergency. CLEAR's president, Kym Ayscough, president-elect, Ginny Hanrahan, and executive director, Adam Parfitt, highlight some of the resources that CLEAR has put together and information that CLEAR members have shared. "Thank you to CLEAR's members who so willingly share their resources, their information, their expertise in the interest of safe regulation in all of the professions and occupations that we regulate. I feel really privileged to be a part of this community and find the sharing to be just infinitely beneficial. So thanks to everyone for that." - Kym Ayscough
Episode 27: What Makes a Difference for Candidates Taking Computer-based Tests?
Release date: March 10, 2020
Paula Lehane, a Ph.D. candidate at Dublin City University in Ireland with the Centre for Assessment Research, Policy and Practice in Education, and author of a recent CLEAR Exam Review article, discusses some of the issues that regulatory organizations need to consider for candidates taking computer based tests. She discusses candidates' expectation of flexibility related to device diversity and modifying user interfaces. She provides different examples of form factor and how it can interfere with test-taker performance and how organizations can design tests to ensure that test-taker performance is not influenced by a device’s particular features. She stresses the need for more research based in the assessment industry and making that research public and shareable.
Episode 26: Alliance for Responsible Professional Licensing
Release date: February 11, 2020
Skip Braziel, Vice President – State Regulation and Legislation with the American Institute of Certified Public Accountants and David Cox, CEO of the National Council of Examiners for Engineering and Surveying introduce listeners to the newly-formed Alliance for Responsible Professional Licensing. ARPL is a group of organizations that represent highly-technical professions and the boards that regulate those professions. ARPL hopes to educate policy-makers and the public on concerns related to occupational licensing reform efforts. "It's about our duty to protect the public, and where we see that threatened is where ARPL will become involved." Concerns that Skip and David mention include instances where licensing reform is applied too broadly to all professions, legislation that would allow anyone to perform services as long as the consumer gives consent, and legislation that removes resources from boards.
Episode 25: What It Means to Be a Good Regulator
Release date: January 14, 2020
Deanna Williams, President of Dundee Consulting and long-time CLEAR member, tackles the question, What does it mean to be a good regulator? She talks about being trustworthy and earning public confidence, putting public interest above all others, being genuine and authentic in explaining how our actions best serve and protect the public, and being adaptable on the front-end of change. She discusses how regulators should have frameworks for consistent decision-making, validated evaluative processes, and a culture where questions are seen as opportunities rather than challenges. Good regulators should ask the question, Can we demonstrate that there's value in what we do? She urges regulators to move beyond being just good enough to asking, how can we be better?
Episode 24: WHO Collaborating Centre for Health Workforce Regulation
Release date: December 10, 2019
Nick Lord and Kym Ayscough with the Australian Health Practitioner Regulation Agency discuss AHPRA's involvement as a World Health Organisation Collaborating Centre for Health Workforce Regulation. They discuss the WHO's interest in regulation of the health workforce, the current state of health workforce regulation in the Asia-Pacific region, and the WHO member states' interest in the Collaborating Centre. They share some goals of the network and opportunities for CLEAR members to be involved.
Episode 23: Professional Regulation and the Next Generation
Release date: November 12, 2019
Jimi Bush, director of quality and engagement with the Washington State Medical Commission, talks about making it millennial, focusing on professional regulation and the next generation. She notes some of the characteristics of millennials and Generation Z, the impact their preferences and behaviors are having on certain industries, and specifically the impact for regulated workforces. She shares some ways that regulators can adapt their practices to millennial and Generation Z behaviors.
Episode 22: How Regulators Can Use Behavioral Science
Release date: October 8, 2019
Cynthia Abel with the College of Early Childhood Educators in Ontario talks about how regulators can use behavioral science (sometimes called behavioral insights, behavioral economics, or nudging) - the concept of taking what we know about people and what influences how they behave and make decisions and harnessing that knowledge in order to design services and processes that are better aligned to the way we want people to behave and make decisions. She gives some examples and some opportunities to use this concept in a licensing and compliance environment and offers some considerations for organizations interested in applying this concept.
Episode 21: Using a National Certification as Eligibility for Licensure
Release date: September 10, 2019
Ida Darragh, executive director of the North American Registry of Midwives and CLEAR board member, talks about the benefits to a state and the licensee when a national credential is used as an avenue to licensure for a profession, how the North American Registry of Midwives works with states that license certified professional midwives, practice in states that do not have a licensure process for CPMs, and trends for the future related to the link between certification and licensure.
Episode 20: Lessons from Cases Involving Intentional Harm to Patients
Release date: August 26, 2019
When healthcare professionals intentionally harm or kill patients in their care, it shatters the public trust in the healthcare system, healthcare professionals, and their regulators. Lara Kinkartz with Weirfoulds LLP, Christine Braithwaite with the Professional Standards Authority in the UK, and David Benton with National Council of State Boards of Nursing discuss the impacts of such cases, processes and strategies regulators can put in place to help minimize the chances of intentional harm, and ways regulators can navigate the increased public scrutiny that results from such cases. This podcast episode is a lead-in to a session at CLEAR's Annual Educational Conference, September 18-21, 2019 in Minneapolis, Minnesota, that will further explore case studies and strategies.
Episode 19: Addressing Mental Health Concerns in the Investigative Process
Release date: August 13, 2019
Mental health is a far-reaching issue in society and has numerous implications for professional regulation. Mark Pioro and Jenna Smith with the College of Registered Psychotherapists of Ontario and Dean Benard with Benard & Associates explore the issue of accommodating mental health in the regulatory investigations process. They discuss the relevance of mental health to the work of a front-line regulatory investigator, issues that can arise when a participant in the investigation has a mental health challenge or condition, legal principles that apply to these situations, and strategies regulators or investigators can adopt to resolve dilemmas and accommodate individuals dealing with mental health difficulties during the investigation process. This podcast episode is a lead-in to a session at CLEAR's Annual Educational Conference, September 18-21, 2019 in Minneapolis, Minnesota, that will further explore case studies and strategies.
Episode 18: Use of a Professional’s Social Media History in Registration, Investigations and Professional Misconduct Prosecutions
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
Sarah Wennik, content development manager with Pearson VUE and chair of CLEAR's Examination Resources and Advisory Committee, talks about what a content developer is; how their role differs from the role of a psychometrician; the skills needed to be a successful content developer; and examples of the tasks a content developer is responsible, working in partnership with psychometricians, subject matter experts and test sponsors. A session at the 2019 CLEAR Annual Educational Conference will address further details about remediating test items with poor statistical performance and give attendees a chance to take on the role of a content developer and work on example items.
Episode 16: Update on Initiatives for Credentialing of Transitioning Military Members
Release date: May 14, 2019
Bill Brigman with Solutions for Information Design, Michael Behm with Stateside, and Sara Appel with the Multi-state Collaborative on Military Credit share updates on various programs, initiatives and legislation to aid service members in transitioning to civilian careers through credentialing and military credit opportunities. They discuss the COOL programs, recognition of equivalent military training, licensure fee reductions or waivers, licensure compacts, Pathways legislation, licensure endorsement and temporary licenses for military spouses, applying military training toward college credit, and career readiness programs.
Episode 15: Working with Subject Matter Experts
Release date: April 9, 2019
Elizabeth Witt, chief consultant and psychometrician with Witt Measurement Consulting, talks about what a subject matter expert (SME) is; the role of SMEs in job analysis, standard setting, and item writing; qualifications of an SME; SME recruitment; and communication with SMEs. She gives advice on how to ensure that SMEs are engaged and how to handle challenges involved in managing SMEs.
Episode 14: Perspectives on Practitioner Substance Abuse and Regulation
Release date: March 12, 2019
Donna Mooney Haywood, retired manager of regulatory affairs at the North Carolina Board of Nursing, shares her perspective, gained from 30+ years of regulatory experience, about substance abuse by licensed healthcare practitioners. She discusses the higher standard to which licensees are held, her views on alternative to discipline programs, and the difference in approach to handling practitioners misusing prescription drugs versus street drugs.
Episode 13: Research on Practice Hours: Establishing Evidence for Regulatory Policies
Release date: February 12, 2019
The College of Registered Nurses of Manitoba undertook research on practice hours, or currency hours, to determine any correlation between practice hours and continuing competence. Deb Elias discusses the research methodology, the findings and interest in future collaborative research. This podcast episode is related to a CLEAR Resource Brief, "Establishing Evidence for Regulatory Policies: A Method and Case Example," by Deb Elias, Jill Tomasson and Leanne Worsfold.
Episode 12: Current Research Interests at the Professional Standards Authority
Release date: January 8, 2019
Douglas Bilton, Assistant Director of Standards and Policy with the Professional Standards Authority in the UK, shares current research interests at the PSA. He discusses PSA's goal of linking the academic world and the world of regulatory practice to encourage research that helps to establish professional regulation as an evidence-led area of public policy. Recent and current research topics include applying the concept of Counterproductive Work Behaviour to help understand why healthcare professionals sometimes don't follow standards, creating a risk calculator to advise on the right form of regulation or alternatives to regulation, and researching the idea of constructive distrust to determine what makes patients feel comfortable or inhibited about playing a part in their own care.
Episode 11: Finding Opportunities to Tell Your Agency Story – Marketing Tips
Release date: December 11, 2018
Griffin Pritchard, public information specialist with the Alabama Board of Licensure for Professional Engineers and Land Surveyors, provides some tips on finding opportunities to tell your agency story in a new way to your audience. He discusses targeting your message to different audiences, leveraging branded merchandise, communicating via social media, and developing strategies for boards with a small staff or small budget.
Episode 10: The Scope of Regulation – Can the Boundaries Be Stretched?
Release date: November 13, 2018
Andrew Charnock, Chief Executive and Registrar at the Occupational Therapy Board of New Zealand, looks at the factors that conform or restrict the governance scope and practice of regulation. He considers the questions of whether regulatory legislation is too cumbersome for regulation today and whether regulators should align their strategies around their country's major strategies, for example, health regulators alignment with health and health workforce strategies. This podcast episode was a lead-up to a session at CLEAR's Regional Symposium, November 29-30, 2018 in Wellington, New Zealand.
Episode 9: Licensing Reform Efforts: Professional Beauty Industry Perspective
Release date: October 9, 2018
Myra Reddy, Government Affairs Director for the Professional Beauty Association, summarizes why the PBA supports requirements for occupational licensure in the beauty industry. She discusses PBA's support of reform efforts to promote consistency of requirements across state, and even county, lines; enhance mobility; increase externship and apprenticeship programs; and increase testing opportunities including pre-graduate testing.
Episode 8: Investigative Excellence Group Award winner
Release date: September 11, 2018
The CLEAR Investigative Excellence Group Award recognizes a team that has demonstrated exceptional performance in a particular case, or has a history of excellent performance beyond what is expected or required, resulting in a direct and significant impact to the protection of the public or consumer interests. Investigators from the Colorado Division of Professions and Occupations share how they overcame challenges of the case and collaborated with the Denver District Attorney's Office for a successful and award-winning investigation into unlicensed medical practice.
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.