“who are we regulating? working with volunteers, making rules, discipline ”
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“Who Are We Regulating? Working with Volunteers, Making Rules, Discipline ”. Steven K. Bryant, PhD Founder and Past President, Applied Measurement Professionals, Inc. (AMP) Executive Director, Retired, National Board for Respiratory Care, Inc. (NBRC). - PowerPoint PPT PresentationTRANSCRIPT
“Who Are We Regulating? Working with Volunteers, Making
Rules, Discipline”Steven K. Bryant, PhD
Founder and Past President, Applied Measurement Professionals, Inc. (AMP)
Executive Director, Retired, National Board for Respiratory Care, Inc. (NBRC)
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
PurposeConsistent with CLEAR
GuidelinesRelate Real World Experiences
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
All About Me!NBRC and State Regulation
AMP and Real Estate
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Who Are We Regulating?
• a complex job
• responsible to public/licensees/other members/staff
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
NBRC Experience
• existed before licensure
• public protection/voluntary certification/at cross purposes?
• new issues to face/politics/hidden agendas
• it’s not about “the profession”
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Making It Work
• understand playing field
• communicate!
• balance the interests
• keep costs in mind
• cooperate
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
The State Licensure Liaison Group
48 States in the Cooperative Mode
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Working with Volunteers
• mix of backgrounds, generations
• reps from profession/related fields/public members
• experience/education
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Qualities of Effective Volunteers
• Show Up
• Speak Up
• Into the Details
• Know the Rules
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Qualities of Effective Volunteers (Cont.)
• Stay Objective
• Let Staff Work
• Act Within Authority
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Some Pitfalls
• I’m Just Here to Help!
• I Have a Hidden Agenda!
• I Don’t Do My Homework!
• This Really Looks Good on My Resume!
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Some Pitfalls (Cont.)
• Don’t Blame Me, I Didn’t Vote for It!
• A Little Power is a Dangerous Thing!
• I Never Say a Word!
• I Make It Up on Volume!
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Making Enforceable Rules
• notice/draft/comments/finalize
• advance communication/attention to details
• understanding profession being regulated
• role of professional association/state chapters
• sticking to the state’s purpose
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Some Things You May Not Have Thought About
• Trademarks
• Who Owns “the Test”
• Reciprocity and the Passing Score
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Disciplinary Actions
• Cost Money
• Take Time
• Affect Lives
• Invite Litigation
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Disciplinary Actions
• Practice-related
• Rule Violations
• Other Law Violations
• Exam Security
• Impaired Practitioners
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Public Disclosure of Complaints—Verdict Unclear
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Due Process
• Notice
• Investigation
• Hearing
• Decision
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
The NBRC Judicial and Ethics Committee
• Follows Due Process Rules
• Specific Complaints Under Jurisdiction
• Range of Disciplinary Actions
• Notices to State Agencies
• Considers State Actions
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Helping Keep Track:
• The National Respiratory Care Disciplinary Database
• State Actions and Voluntary Standards
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
What About Conflicts of Interest and Recusal?
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Duties of Loyalty and Care
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Conflicts of Interest:Real and Imagined
• personal benefit or gain
• examination workshops
• contracts with state
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Conflicts of Interest (Cont.)
• professional association officials
• obligation to disclose
• perception may be reality
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
What is “Recusal”?
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Varying Definitions
• Abstain from voting?
• Refrain from speaking?
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
State Agency/Professional Organization Service
• some OK/some not OK
• can be a pickle!
• clear policy needed
Presented at the 2005 CLEAR Annual ConferenceSeptember 15-17 Phoenix, Arizona
Speaker Contact Information
Steven K. Bryant, PhD
Applied Measurement Professionals, Inc.
8310 Nieman Road
Lenexa, KS 66214
417-890-0382
www.goAMP.com