“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 Phoenix, Arizona

Presented at the 2005 CLEAR Annual Conference September Phoenix, Arizona Purpose Consistent with CLEAR Guidelines Relate Real World Experiences

Presented at the 2005 CLEAR Annual Conference September Phoenix, Arizona All About Me! NBRC and State Regulation AMP and Real Estate

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

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

Presented at the 2005 CLEAR Annual Conference September Phoenix, Arizona The State Licensure Liaison Group 48 States in the Cooperative Mode

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

Presented at the 2005 CLEAR Annual Conference September Phoenix, Arizona Qualities of Effective Volunteers Show Up Speak Up Into the Details Know the Rules

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

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

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

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

Presented at the 2005 CLEAR Annual Conference September Phoenix, Arizona Due Process Notice Investigation Hearing Decision

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

Presented at the 2005 CLEAR Annual Conference September Phoenix, Arizona What About Conflicts of Interest and Recusal?

Presented at the 2005 CLEAR Annual Conference September Phoenix, Arizona Duties of Loyalty and Care

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

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

Presented at the 2005 CLEAR Annual Conference September Phoenix, Arizona What is “Recusal”?

Presented at the 2005 CLEAR Annual Conference September Phoenix, Arizona Varying Definitions Abstain from voting? Refrain from speaking?

Presented at the 2005 CLEAR Annual Conference September 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 Conference September Phoenix, Arizona Speaker Contact Information Steven K. Bryant, PhD Applied Measurement Professionals, Inc Nieman Road Lenexa, KS