Regulation Matters: a CLEAR conversation

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.

Transcript: http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode63_Regulatory_Sandboxes_031423_transcript.pdf

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?"

Transcript: http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode62_Trends_Thentia_021423_transcript.pdf

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."

Transcript: http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode61_Institute_of_Regulation_011023_transcript.pdf

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."

Transcript: http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode60_Inquiry_to_Audit_121322_transcript.pdf

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.

Transcript: http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode59_Boards_Communicate_Sexual_
Misconduct_110822_transcript.pdf)

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.

Transcript: html (https://www.clearhq.org/page-1860760) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode58_CLEAR_Strategic_Plan_
101122_transcript.pdf)

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.

Transcript: html (https://www.clearhq.org/page-1860756) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode57_FSMB_Misinformation_Policy_
090822_transcript.pdf)

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. 

Transcript: html (https://www.clearhq.org/page-1860753) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode56_Free_Speech_Challenges_
080922_transcript.pdf)

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.

Transcript: html (https://www.clearhq.org/page-1860752) or

PDF (http://clearweb.drivehq.com/podcast_transcripts
/CLEAR_podcast_episode55_Employee_Support_
071222_transcript.pdf)

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 register for the June 29 webinar (https://www.clearhq.org/event-4753631) when the panelists will dive deeper into what the research and experience can tell us about establishing a strong sunrise review program.

Transcript: html (https://www.clearhq.org/page-1860750) or

PDF (http://clearweb.drivehq.com/podcast_transcripts
/CLEAR_podcast_episode54_Sunrise_Reviews_
061422_transcript.pdf)