Regulation Matters: a CLEAR conversation

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)

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 or 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."

Transcript: html (https://www.clearhq.org/page-1860746) or

PDF (http://clearweb.drivehq.com/podcast_transcripts
/CLEAR_podcast_episode53_Licensee_Social_Media_
051022_transcript.pdf)

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.

Transcript: html (https://www.clearhq.org/page-1860743) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode52_Universal_Licensing_Recognition
_041222_transcript.pdf)

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 (https://community.clearhq.org/) to share how your organization is evaluating pandemic policy changes moving forward.

Transcript: html (https://www.clearhq.org/page-1860738) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode51_Evaluating_Pandemic_Changes
_030822_transcript.pdf)

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 view the CLEAR Regulatory News blog summary of 2021 regulatory trends (https://www.clearhq.org/page-1860729).

Transcript: html (https://www.clearhq.org/page-1860733) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode50_2021_Regulatory_Trends
_020822_transcript.pdf)

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]." 

Transcript: html (https://www.clearhq.org/page-1860728) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode49_Cultural_Safety_Humility
_011122_transcript.pdf)

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.

Transcript: html (https://www.clearhq.org/page-1860726) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode48_Beyond_the_Contract
_120721_transcript.pdf)

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. 

Transcript: html (https://www.clearhq.org/page-1860725) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode47_DEI_Where_are_we
_110921_transcript.pdf)

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: https://www.clearhq.org/page-1721424), 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: https://www.clearhq.org/event-4599616.

Transcript: html (https://www.clearhq.org/page-1860724) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode46_Questions_Legislator_Ask
_101221_transcript.pdf)

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.

Transcript: html (https://www.clearhq.org/page-1860720) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode45_Investigator_Insights_
091421_transcript.pdf)