Regulation Matters: a CLEAR conversation-logo

Regulation Matters: a CLEAR conversation

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Episode 21: Using a National Certification as Eligibility for Licensure

Ida Darragh, executive director of the North American Registry of Midwives and CLEAR board member, talks about the benefits to a state and the licensee when a national credential is used as an avenue to licensure for a profession, how the North American Registry of Midwives works with states that license certified professional midwives, practice in states that do not have a licensure process for CPMs, and trends for the future related to the link between certification and...


Episode 20: Lessons from Cases Involving Intentional Harm to Patients

When healthcare professionals intentionally harm or kill patients in their care, it shatters the public trust in the healthcare system, healthcare professionals, and their regulators. Lara Kinkartz with Weirfoulds LLP, Christine Braithwaite with the Professional Standards Authority in the UK, and David Benton with National Council of State Boards of Nursing discuss the impacts of such cases, processes and strategies regulators can put in place to help minimize the chances of intentional...


Episode 19: Addressing Mental Health Concerns in the Investigative Process

Mental health is a far-reaching issue in society and has numerous implications for professional regulation. Mark Pioro and Jenna Smith with the College of Registered Psychotherapists of Ontario and Dean Benard with Benard & Associates explore the issue of accommodating mental health in the regulatory investigations process. They discuss the relevance of mental health to the work of a front-line regulatory investigator, issues that can arise when a participant in the investigation has a...


Episode 18: Use of a Professional’s Social Media History in Registration, Investigations and Professional Misconduct Prosecutions

The approach that regulators have taken regarding social media has evolved over the years, with more regulators conducting social media searches on applicants during the licensing process. Information found on social media can be used to aid an investigation, and the number of investigations that are centered on regulated professionals' misuse of social media has increased. How does this influence public confidence in regulators, and how do regulators take into account public expectations?...


Episode 17: Role of a Content Developer in Licensing Exams

Sarah Wennik, content development manager with Pearson VUE and chair of CLEAR's Examination Resources and Advisory Committee, talks about what a content developer is; how their role differs from the role of a psychometrician; the skills needed to be a successful content developer; and examples of the tasks a content developer is responsible, working in partnership with psychometricians, subject matter experts and test sponsors. A session at the 2019 CLEAR Annual Educational Conference will...


Episode 16: Update on Initiatives for Credentialing of Transitioning Military Members

Bill Brigman with Solutions for Information Design, Michael Behm with Stateside, and Sara Appel with the Multi-state Collaborative on Military Credit share updates on various programs, initiatives and legislation to aid service members in transitioning to civilian careers through credentialing and military credit opportunities. They discuss the COOL programs, recognition of equivalent military training, licensure fee reductions or waivers, licensure compacts, Pathways legislation, licensure...


Episode 15: Guidelines for Working with Subject Matter Experts

Elizabeth Witt, chief consultant and psychometrician with Witt Measurement Consulting, talks about what a subject matter expert (SME) is; the role of SMEs in job analysis, standard setting, and item writing; qualifications of an SME; SME recruitment; and communication with SMEs. She gives advice on how to ensure that SMEs are engaged and how to handle challenges involved in managing SMEs. Transcript: html ( or PDF...


Episode 14: Perspectives on Practitioner Substance Abuse and Regulation

Donna Mooney Haywood, retired manager of regulatory affairs at the North Carolina Board of Nursing, shares her perspective, gained from 30+ years of regulatory experience, about substance abuse by licensed healthcare practitioners. She discusses the higher standard to which licensees are held, her views on alternative to discipline programs, and the difference in approach to handling practitioners misusing prescription drugs versus street drugs. Transcript: html...


Episode 13: Research on Practice Hours: Establishing Evidence for Regulatory Policies

The College of Registered Nurses of Manitoba undertook research on practice hours, or currency hours, to determine any correlation between practice hours and continuing competence. Deb Elias discusses the research methodology, the findings and interest in future collaborative research. This podcast episode is related to a CLEAR Resource Brief, "Establishing Evidence for Regulatory Policies: A Method and Case Example," by Deb Elias, Jill Tomasson and Leanne Worsfold. Transcript: html...


Episode 12: Current Research Interests at the Professional Standards Authority

Douglas Bilton, Assistant Director of Standards and Policy with the Professional Standards Authority in the UK, shares current research interests at the PSA. He discusses PSA's goal of linking the academic world and the world of regulatory practice to encourage research that helps to establish professional regulation as an evidence-led area of public policy. Recent and current research topics include applying the concept of Counterproductive Work Behaviour to help understand why healthcare...


Episode 11: Finding Opportunities to Tell Your Agency Story – Marketing Tips

Griffin Pritchard, public information specialist with the Alabama Board of Licensure for Professional Engineers and Land Surveyors, provides some tips on finding opportunities to tell your agency story in a new way to your audience. He discusses targeting your message to different audiences, leveraging branded merchandise, communicating via social media, and developing strategies for boards with a small staff or small budget. Transcript: html ( or PDF...


Episode 10: The Scope of Regulation – Can the Boundaries Be Stretched?

Andrew Charnock, Chief Executive and Registrar at the Occupational Therapy Board of New Zealand, looks at the factors that conform or restrict the governance scope and practice of regulation. He considers the questions of whether regulatory legislation is too cumbersome for regulation today and whether regulators should align their strategies around their country's major strategies, for example, health regulators alignment with health and health workforce strategies. This podcast episode is...


Episode 9: Licensing Reform Efforts: Professional Beauty Industry Perspective

Myra Reddy, Government Affairs Director for the Professional Beauty Association, summarizes why the PBA supports requirements for occupational licensure in the beauty industry. She discusses PBA's support of reform efforts to promote consistency of requirements across state, and even county, lines; enhance mobility; increase externship and apprenticeship programs; and increase testing opportunities including pre-graduate testing. Transcript: html (


Episode 8: Investigative Excellence Group Award winner

The CLEAR Investigative Excellence Group Award recognizes a team that has demonstrated exceptional performance in a particular case, or has a history of excellent performance beyond what is expected or required, resulting in a direct and significant impact to the protection of the public or consumer interests. Investigators from the Colorado Division of Professions and Occupations share how they overcame challenges of the case and collaborated with the Denver District Attorney's Office for a...


Episode 7: Breaking Down Licensing Barriers While Ensuring Public Protection During a Disaster

In 2017, at least 5 states or US territories suffered natural disasters or public health emergencies. Disaster response is, at best, orchestrated chaos. This chaos is compounded by the hodgepodge approach to license portability in the United States. Ronne Hines, Division of Professions and Occupations, Colorado Department of Regulatory Agencies, gives some examples related to the interplay of license portability laws, regulation of the out-of-state workforce, and the challenges and successes...


Episode 6: The Role of Regulators in Health Workforce Data Collection

Policymakers and planners in all jurisdictions face complex challenges in assuring access to needed health care services. Evidence-based decisions require objective and comparable provider supply and distribution data. Licensing boards are in a unique position to help. An expert panel representing the US and Canada discusses the role of regulators in health workforce data collection. This podcast episode is a lead-up to a session at CLEAR's Annual Educational Conference, September 26-29,...


Episode 5: Occupational Licensing Policy Learning Consortium

Eleven states are participating in the Occupational Licensing Policy Learning Consortium as part of the occupational licensing project undertaken by the National Conference of State Legislatures, the National Governors Association Center for Best Practices, and the Council of State Governments. Suzanne Hultin with NCSL gives an update on how the project is addressing license portability issues and focusing on population groups who face unique challenges and barriers related to entering the...


Episode 4: Sexual Abuse by Regulated Professionals: Achieving Zero Tolerance

There have been some significant changes to the framework, policies, and procedures for handling cases of sexual abuse committed by regulated professionals. Representatives from regulatory organizations in the United States, Australia and Canada share information about what prompted a review of these procedures, what changes have been implemented for investigations of allegations of sexual boundary violations, and what impact the changes have had. This podcast episode is a lead-up to a...


Episode 2: Investigative Excellence Award winner, Robert Herbert

CLEAR's Investigative Excellence Award recognizes an investigator who has demonstrated exceptional performance in a particular case, with performance beyond what is expected or required, resulting in a direct and significant impact to the protection of the public or consumer interests. Robert Herbert, a 2017 recipient from the Alabama Board of Licensure for Professional Engineers and Land Surveyors, talks about the case for which he was nominated and shares some of the investigative...


Episode 3: Research on the Public's Perception of Continuing Competence

Jennifer Best, Practice Consultant with the College of Registered Nurses of Nova Scotia, shares the College's research on the public's perception of continuing competence, including why it's important for regulators to understand this issue and how regulators can use this research in making informed, evidence-based decisions about regulatory policy. Transcript: html ( or PDF...