Regulation Matters: a CLEAR conversation

Episode 58: CLEAR’s 2022-24 Strategic Plan – Supporting the Regulator of Tomorrow

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)

Episode 57: Update on FSMB’s COVID Misinformation Policy

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)

Episode 56: Free Speech Challenges to Licensure of Speaking Professions

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)

Episode 55: Employee Support through Mental Health, Wellness, and Mentorship

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)

Episode 54: Sunrise Review and Right-sizing Occupational Regulation

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)

Episode 53: Regulating Licensees’ Use of Social Media

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)

Episode 52: CSG Survey of Universal Licensing Recognition Laws

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)

Episode 51: Evaluating Policy Changes Made During the Pandemic

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)

Episode 50: 2021 Regulatory Trends – The Year in Review

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)

Episode 49: Organizational Transformation - Cultural Safety and Humility in Healthcare

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)