Start with WHY….. Dale Atkinson, Esq. FCLB General Counsel FCLB Annual Meeting May 3, 2018 2:00pm-2:45pm Dallas, Texas

Speaker Dale J. Atkinson, Esq. FCLB Counsel Atkinson & Atkinson 1466 Techny Road Northbrook, IL 60062 847-714-0070 dale@atkinsonfirm.com

Current Environment Reflect…Don’t Deflect Perhaps the regulatory community does not spend enough time reflecting on basic concepts…….. ……..and too much time defending the status quo.

Is Regulation Doing What It’s Supposed to Be Doing? How do we know? Can “we” trust ourselves?

Ask…. Is the profession self-regulated?

Is the Profession Self-Regulated?

Change is Inevitable What are the biggest challenges facing your boards/jurisdictions?

How do we address these challenges? Being informed Trained Knowledgeable Understand role of board Understand role of board member Separate trade from regulation! And more…and more…and more…

Reflect, Don’t Deflect Why How What Vicissitude……..dude ……tone and core message

Start with Why…

Why? Why is there government regulation?

Why? Why is there government regulation? …to protect society where they are unable to otherwise protect themselves

Why? …provides consumers with an assurance of the qualifications of licensees along with a means of enforcement for the benefit of the public.

Why… Criminal Civil Administrative Processes Commonalities Differences

How?

How………Elevator Speech Elements of your elevator speech…. Created by statute Standards set forth in law (law includes statutes AND rules/regs) Delegated with authority to enforce Oversight Authorized to promulgate rules/regulations Protect the public

Elevator Speech The _____ board is statutorily created and delegated with the authority to regulate the ______ profession in the interest of protecting the health, safety, and welfare of the public. With necessary oversight by government, the board enforces standards and criteria set forth in statute and adds specificity through the promulgation of regulations. The effectiveness and efficiencies of the board is enhanced by populating the board with a combination of consumer members as well as those with the expertise necessary to address the complexities of profession specific issues. An administrative regulatory system provides consumers with an assurance of the qualifications of licensees along with a means of enforcement for the benefit of the public.

What? What is government regulation?

What? What is government regulation? Legislative Force of law Mandated Enacted statutes Promulgated rules/regs Force of law Mandated Standards and criteria Government issued & renewed credential Creates legal rights Subject to enforcement Transparency

How do we address these challenges? Being informed Trained Knowledgeable Understand role of board Understand role of board member Separate trade from regulation! And more…and more…and more…

Role of the Board Does the board have a mission statement? Elements? Front & center!!

Role of the Board Member Individual Responsibilities Board member role as a Regulator Conflict of Interest Immunity Relationships (Governor, Legislature, Other agencies, Public)

Licensure Practice Act Applications and renewals Denial process Individual/facility Temporary Technology Mobility/Portability

Discipline and Appeals Complaints through Disposition Consent Agreements Board orders Due process/fundamental justice Administrative Procedures

Key Take Home Points Separate regulation from trade Identify state and federal jurisdiction Understand legal concepts and consequences Train State Board members Perception is reality

Thank you… Questions and (maybe) answers