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“Who Are We Regulating? Working with Volunteers, Making Rules, Discipline ”

“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).

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“Who Are We Regulating? Working with Volunteers, Making Rules, Discipline ”

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  1. “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 Conference September 15-17 Phoenix, Arizona

  2. PurposeConsistent with CLEAR GuidelinesRelate Real World Experiences Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  3. All About Me!NBRC and State RegulationAMP and Real Estate Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  4. Who Are We Regulating? • a complex job • responsible to public/licensees/other members/staff Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  5. 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 Conference September 15-17 Phoenix, Arizona

  6. Making It Work • understand playing field • communicate! • balance the interests • keep costs in mind • cooperate Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  7. The State Licensure Liaison Group48 States in the Cooperative Mode Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  8. Working with Volunteers • mix of backgrounds, generations • reps from profession/related fields/public members • experience/education Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  9. Qualities of Effective Volunteers • Show Up • Speak Up • Into the Details • Know the Rules Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  10. Qualities of Effective Volunteers (Cont.) • Stay Objective • Let Staff Work • Act Within Authority Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  11. 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 Conference September 15-17 Phoenix, Arizona

  12. 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 Conference September 15-17 Phoenix, Arizona

  13. 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 Conference September 15-17 Phoenix, Arizona

  14. Some Things You May Not Have Thought About • Trademarks • Who Owns “the Test” • Reciprocity and the Passing Score Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  15. Disciplinary Actions • Cost Money • Take Time • Affect Lives • Invite Litigation Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  16. Disciplinary Actions • Practice-related • Rule Violations • Other Law Violations • Exam Security • Impaired Practitioners Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  17. Public Disclosure of Complaints—Verdict Unclear Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  18. Due Process • Notice • Investigation • Hearing • Decision Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  19. 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 Conference September 15-17 Phoenix, Arizona

  20. Helping Keep Track: • The National Respiratory Care Disciplinary Database • State Actions and Voluntary Standards Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  21. What About Conflicts of Interest and Recusal? Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  22. Duties of Loyalty and Care Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  23. Conflicts of Interest:Real and Imagined • personal benefit or gain • examination workshops • contracts with state Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  24. Conflicts of Interest (Cont.) • professional association officials • obligation to disclose • perception may be reality Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  25. What is “Recusal”? Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  26. Varying Definitions • Abstain from voting? • Refrain from speaking? Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  27. State Agency/Professional Organization Service • some OK/some not OK • can be a pickle! • clear policy needed Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  28. Speaker Contact Information Steven K. Bryant, PhD Applied Measurement Professionals, Inc. 8310 Nieman Road Lenexa, KS 66214 417-890-0382 sbryant@goAMP.com www.goAMP.com Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

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