Regulation Matters: a CLEAR conversation

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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