Regulation Matters: a CLEAR conversation

Episode 47: Diversity, Equity, and Inclusion - Where are we now?

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)

Episode 46: Questions a Legislator Should Ask - A foundation for regulatory understanding

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)

Episode 45: Being a Better Investigator - Insights from Experience

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)

Episode 44: Rubber Band Resilience - conference keynote preview

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.

Transcript: html (https://www.clearhq.org/page-1860717) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode44_Rubber_Band_Resilience_
081021_transcript.pdf)

Episode 43: UK Regulatory Reform Proposals and Influence in Other Jurisdictions

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).

Transcript: html (https://www.clearhq.org/page-1860713) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode43_UK_Proposals_Influence_
071321_transcript.pdf)

Episode 42: Research and Trends related to Criminal History and Professional Licensure

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).  https://opencommons.uconn.edu/law_papers/125/

Transcript: html (https://www.clearhq.org/page-1860709) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode42_Criminal_History_Licensure_
060821_transcript.pdf)

Episode 41: Starting Fresh - The Journey of a New Specialist Regulator

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.

Transcript: html (https://www.clearhq.org/page-1860707) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode41_Journey_New_Regulator_051121_
transcript.pdf)

Other resources mentioned:
SWE blog: https://www.socialworkengland.org.uk/news/my-story-as-a-chinese-british-social-worker-during-covid-19/
Social Work in England annual report: https://www.socialworkengland.org.uk/about/what-we-do/publications/social-work-in-england-first-reflections/

Episode 40: Testing Through the Years - a CLEAR Exam Review Retrospective

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.

Transcript: html (https://www.clearhq.org/page-1860706) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode40_CER_Retrospective_041321_
transcript.pdf)

Episode 39: CLEAR Investigative Excellence Award: Sharing Lessons Learned

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.

Transcript: html (https://www.clearhq.org/page-1860701) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode39_Investigative_Lessons_030921_
transcript.pdf)

Episode 38: Sanction Reference Points for Fairness and Defensibility

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.

Transcript: html (https://www.clearhq.org/page-1860700) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode38_Sanction_Reference_Points_020921_
transcript.pdf)