In response to Post 135, I can only speak to how Florida handles monetary fines. In addition to maintaining a general revenue fund, some state agencies in Florida maintain agency-specific and statutorily authorized trust funds for recovering and administering licensure fees, fines, etc.

For example, under Florida Statute Sec. 20.435(d) the Florida Department of Health maintains a "Medical Quality Assurance Trust Fund" which "consist[s] of fees and fines related to the licensing of health care professionals. Funds shall be used for the purpose of providing administrative support for the regulation of health care professionals and for other such purposes as may be appropriate and shall be expended only pursuant to legislative appropriation or an approved amendment to the department's operating budget pursuant to the provisions of chapter 216."

When I worked for the Florida Attorney General's Office, we maintained a "Consumer Fraud Trust Fund" which we funded with fines collected in white collar cases. The money was allocated toward consumer education (i.e. elder exploitation workshops, consumer complaint hotline), and investigative costs.

Stephen Iglesias, Esq.
813-286-4300

In response to Post 136 on probation options, Florida does not offer community service as a condition to probation. Each regulatory board in Florida follows a codified set of "disciplinary guidelines". Depending on the severity of offense and disciplinary record of the licensee, the boards are offered a mix of options including fines, costs of investigation, continuing eductation, testing, impaired practitioner counseling, peer monitoring, suspension, and ultimately license revocation. Community service is not one of the options. If you would like me to send you a link to an example of discplinary guidelines from the Florida Administrative Code, either post here or contact me. I hope this helps.

Stephen Iglesias, Esq.
813-286-4300

A CLEAR constituent has asked the following questions:

Do any states have a cost recovery system for legal proceedings?
If so, is the cost recovery statutorily mandated?
For which professions/occupations do you recover cost?
What are the pros and cons of the cost recovery?

Thank you.

A CLEAR constituent has asked the following questions:

Does your state/jurisdiction use community service as an option for discipline?

If so, what types of community service do you use?

Did this require statutory authority to be included as an option?

Thank you.

A CLEAR constituent has requested the following information:

What do agencies do with fees collected from respondents as a result of a monetary penalty, fines etc? Where do the monies go - to the literary fund, special projects, separate agency budget for training etc?

How do agencies handle reimbursement back to their boards from respondents for the cost of hearings, investigations etc? How much can they recoup and what do they do with the money?

Thank you for your assistance.

Edited by author 06-21-2007 05:11 PM
Has anyone come encountered a situation whereby professional licensees are seeking to renew their respective licenses, however, the licensing authority is unable [due to physical plant problems which prevent access to computer databases and licensure information]to physically issue renewals at the present time? If so, how did you handle same?

What is being contemplated is the creation of a form stating that the licensing entity certifies that a particular individual has filed an renewal application with the licensing authority; that a presumption is being made that everything is in order until such time as the licensing authority can actually determine the validity of the licensure renewal application and its contents by reviewing its computer databases, etc.; and that the renewal applicant can continue to practice until a date certain or until the licensing authority finally makes a determination as to the renewal application; whichever occurs first. Thank you.

/m126

The Alabama Board of Physical Therapy will best be able to assist with this question. The Board can be contacted directly at (334)242-4064 and the website can be found at http://www.pt.alabama.gov/

Edited by author 06-06-2007 02:20 PM
I need to know the legal rights as a PTA regarding doing discharge summaries. Can a PTA do a discharge summary as long as the PT co-signs the discharge summary? This is for the state of Alabama.

/m123

The board or college responsible for regulating physical therapists in your state or province will best be able to assist with this question. A list of such regulatory boards in the United States is available at http://www.fsbpt.org/licensing/index.asp, while a similar list for regulatory colleges in Canada can be accessed at http://www.alliancept.org/links.shtml#1

Sincerely,
Adam Parfitt
CLEAR

Is it leagl for P.T.'s to sign off on athletic trainers in a outpatient setting and bill for those treatments. How can I stop this if it is illegal and be anonymous?

The Board of Certification, Inc. (BOC) has recently been reviewing a handful of sexual boundary/deviancy cases. Our disciplinary committee would like to know what actions other organizations/agencies are taking. For example, we have one case where the individual was convicted of possessing child pornography...in which case he has not been convicted of harming anyone...are you revoking the license/certification or suspending for a period of time for a chance a reinstatement, etc...? Another example which seems to be more cut and dry is someone who is convicted of a sexual crime that did harm someone...what action has your organization taken? Any information would be much appreciated. Thanks!

/m118

The American Association of Veterinary State Boards (AAVSB) provides some resource material at http://www.aavsb.org/TIVA/TIVAHome.aspx. A full listing of regulatory agencies for this profession can be found at http://www.aavsb.org/DLR/DLR.aspx.

Additional resource information can be found on the website of the National Association of Veterinary Technicians in America (NAVTA) at http://www.navta.net/education/index.php.

Both organizations can also be contacted via telephone for further information:
AAVSB: 816-931-1504 or Toll-Free: 877-698-8482
NAVTA: 765-742-2216

Sincerely,
Adam Parfitt
CLEAR
(859) 269-1503

Hello! I am gathering information on regulation/licensure etc for Veterinary Technicians. Does anyone have information on the whole process etc.

And of course there is the Arizona State Bar which operates under the supervision of the Supreme Court http://www.azbar.org/WhoWeAre/whatwedo.cfm and regulates active attorneys within Arizona.

Here are some licensing authorities within Arizona that you may be insterested in as well. Good luck.

Dept of Health Services http://www.azdhs.gov/als/index.htm

Board of Behavioral Health Examiners http://www.bbhe.state.az.us/board%20history.htm

Medical Board http://www.azmd.gov/
{Click on "Other Sites of Interest" at this link and you will find a wealth of other licensing boards}

The documents from the Arizona Board of Legal Document Preparers mentioned in /m108 below can be found at http://www.clearhq.org/az_legal_document_preparers.pdf and http://www.clearhq.org/az_legal_document_preparers2.pdf

Attached is the criteria the Arizona Board of Legal Document Preparers uses when evaluating an individual with a criminal background; these are similar to the criteria we use when evaluating applicants to admission to the practice of law. Also, we have a landmark case that was decided by our court recently. I've attached the opinion in the James Hamm case-he is a convicted murderer who applied for admission to the
practice of law. Mr. Hamm recently stated he will petition the U.S. Supreme Court to appeal the Arizona court decision. The Hamm opinion also lists the criteria we use re criminal background for attorney admissions.

Hope this helps.

Nancy Swetnam
Director, Certification and Licensing Division
Arizona Supreme Court
1501 West Washington, Suite 104
Phoenix, AZ
Phone: 602-364-0362 Fax: 602-364-0358



< replied-to message removed by QT >

I would be most interested in any information about the detailed mechanisms with which various organizations/jurisdictions approach the evaluation of applicants for licensure who present with a pre-professional training history of criminal behaviour. The behaviour (thefts, embezzelment, substance absue), if occurring in the present, would certainly constitute professional misconduct/malpractice and be grounds for disciplinary action. But what about when there has been no history of such behaviour for more than a decade, and the applicant has excelled throughout academic/professional training and subsequent work experienced supervised by professional peers? Any case law, standards,
principles, guidelines, or codes that might be relevant would be most
helpful.

I would suggest you conact the Arizona Board of Contractors; it's my understanding they have done some work on that. Not sure if they are members of CLEAR or not. Good luck!

Nancy Swetnam
Certification and Licensing Division
Arizona Supreme Court
1501 West Washington, Suite 104
Phoenix, AZ
Phone: 602-364-0362 Fax: 602-364-0358



< replied-to message removed by QT >

I am working on a masters degree at Washington State University- my thesis topic involves the study of professional licensure of contractors. Do you have any resources to aid my research?
ie does licensing correlate to better quality, less business failure, less complaints by customers, etc.

In other words, is it worth the trouble for states to enforce the standards or shoule the open market rule?
my email is patrickm@graham.ca

Not sure what exactly you are asking? Are you asking how we handle complaints against attorneys?

Nancy Swetnam
Certification and Licensing Division
Arizona Supreme Court
1501 West Washington, Suite 104
Phoenix, AZ
Phone: 602-364-0362 Fax: 602-364-0358



< replied-to message removed by QT >

Edited by author 08-04-2005 05:13 PM
Does anyone have information on the standards of how to run a complaints system in a law society, specifically addressing the issues of accessibility and transparentcy?

To mkleiner:

Our Regulatory College in Alberta has permission from the Minister of Health and Wellness, pursuant to the Health Professions Act, to have a committee which negiotiates fees with various governmental departments and private insurers and, to produce and distributre to our Regulated Members, a recommended schedule of professional fees.

The recommend fees are just that, recommended; our Members are not obligated to charge the indicated fee.

Hi Gary:

There are a number of software vendors who offer systems that support certification programs including our firm, Advanced Solutions International, Inc. You can contact me off-list for more information at asherwin@advsol.com or 416-218-8780.

- Andrew Sherwin
ASI Inc.

We intend to migrate out of our legacy certification system in the near future. Where can I find a list of vendors who market certification system solutions?

I am working with a group developing the standards and the accreditation test for a newly-regulated profession. The criterion-referenced test is being written by nine members representative of the target group. They are not being paid for their efforts which are considerable. Is it common practice to have test developers write the test? How do you handle the situation?

I'm not aware of any in Texas. In Texas I believe some State Associations have a list.



NOTE: The Texas Department of Health (TDH) has merged with other agencies and is now part of the new Department of State Health Services (DSHS), resulting in the following e-mail address format change for all employees: firstname.lastname@dshs.state.tx.us.
< replied-to message removed by QT >

Thanks or your response, but I was referring to suggested fees that members of a licensed occupation should charge for different services. Do any licensing boards list or post this information for practitioners?

Texas administrative fees are outlined in the individual laws. Example would be found in the Texas Admin. Code. Chapter 773 of the Health and Safety Code states that Admin. fees may be assessed up to $7,500 per day per violation. They leave it up to the Department to set the fee based on the severity of the violation. I don't think they go by a set schedule.
James Shiplet, AASP, LP
EMS Compliance
Texas Department of State Health Services



NOTE: The Texas Department of Health (TDH) has merged with other agencies and is now part of the new Department of State Health Services (DSHS), resulting in the following e-mail address format change for all employees: firstname.lastname@dshs.state.tx.us.
< replied-to message removed by QT >

Do any of the state licensing boards or administrative statements from the boards list suggested or recommended fee schedules?

For occupations like physicians assistants or respiratory therapists that are licensed in some states and not in others do insurance companies charge different malpractice insurance rates in the states that license these occupations relative to those who do not?

We do enforcement for a number of professions - attorneys, court reporters, fiduciaries, paralegals, defensive driving schools and instructors, adoption specialists. In some of the programs (e.g. fiduiciary) we also do compliance audits to ensure conformity with appicable laws, court rules, etc.

Enforcement is a challenge for us - in some programs, for example, the paralegal program, we have been overwhelmed with the number and seriousness of complaints. In all of our programs we are always looking for how to expedite processing of cases.

I'd be happy to share additional information re our process if you contact me.

Nancy Swetnam
Certification and Licensing Division
Arizona Supreme Court
1501 West Washington, Suite 104
Phoenix, AZ
Phone: 602-364-0362 Fax: 602-364-0358



< replied-to message removed by QT >

I am tasked with developing a different approach to our current system of investigating,judging and issuing enforcement action rom my division. For those who are charged with investigations, do you provide enforcement action or does another oversight do such? I am most interested in how this may work.

In Texas we have the "Texas On line" web site where companys and indivduals can apply for and renew their license or certifcation. Payment is by credit card or E-check.

James Shiplet
TxDSHS
EMS

In Colorado there is a law that prohibits us from requiring a notary CRS 24-4-1-4 (13)
 
(b) On and after January 1, 1985, an agency shall not require that information contained in an application for a license be affirmed to before a notary.
 
What we require on applications and renewals where licensees must attest to doing something (Continuing Ed) is signature under penalty of perjury. We are going to electronic renewals in the near future and we will have the same attestation and signing under penalty of perjury on the electronic system.

In Virginia, we only accept renewals electronically at this time and renewal applications are not required to be notarized. To date, we have not encountered any problems with allowing licensees to renew online. They do have to attest to meeting CME requirements whether they renew online or on paper. 79% of our licensees renewed online for the last quarter.
 
Thanks,
kate

Massachusetts has an electronic signature act and has eliminated notaries where possible. But, we have not yet launched on-line renewals and I would be interested in hearing any lessons learned from those who have.
 
Please write with any insights ( Anne.Collins@state.ma.us ) or give me a call at 617-727-3110.

The Nebraska Regulation and Licensure, Credentialing Division is responsible for the
licensing, certification, registration etc of various health related
professions and occupations and health care facilities and services.

We are now doing online licensure renewal of several of the health related
professions and occupations. Notarization requirements were a part of the
statutes and/or regulations, which were revised to eliminate the
notarization language.

We have not experienced any difficulties with the ability to deny
certification if the applicant provides false information on the
application. Online business is becoming the new business practice and our
goal is to provide this option of online renewal to our licensees. I
stress that online renewal is an option rather than a mandate. The
licensee is given an identification number so the individual is the only
person that has access to their record to complete the renewal application.
The individual is still responsible for the information submitted online.

Please contact me if you have further questions.

Thank you
Claire Titus, Program Manager
Credentialing Division
402-471-4963
claire.titus@hhss.state.ne.us

We are removing all notary requirements so we can go to online applications. There will be a statement similar to that on most apps now that says they are certifying that the information is correct. I don't know what a wet signature is. Virginia has adopted laws that say electronically submission is as good as a signature, many states have adopted such laws. Hope that helps.

We do not yet accept electronic applciations for original licensure, though we do currently accept online license renewal. Our legal counsel has advised that the following affidavit, (it appears on both the paper form and the online page) is adequate, whether the person signs the actual form or submits the online version. In order to access the online version, the licensee must confirm their identity by providing their license number, date of birth, and social security number. Once logged in, the licensee must answer either Yes or No to the questions and acknowledge the affidavit. We have never required a notary for renewals.
 
QUESTIONS
Since the date of your last application for renewal of your license have you:

1. Received a conviction, finding of guilt, withheld judgment, or suspended sentence for any felony in this or any other jurisdiction? [ ] YES [ ] NO

 

2. Received any type of disciplinary sanction, restriction, or limitation from any regulatory licensing agency or organization in this or any other jurisdiction? [ ] YES [ ] NO

(if YES to either above, a copy of the final order of conviction/discipline must be attached)

 

AFFIDAVIT

I hereby certify under penalty of perjury that my responses to the above are true and correct, and that I have met the continuing education requirement as prescribed by the laws & rules applicable to the license for which I am applying to renew, and that documented proof of my attendance is in my possession and will be provided upon request.

 

___________________________________________________________ _________________

Signature Social Security #
Applications for renewal that are not completed in their entirety will be returned and the license renewal will not be processed. Social Security numbers are required by § 73-122, Idaho Code on all applications for licensure.

***The Board will conduct random audits to insure compliance with continuing education requirements***

 

We have been successful in cases where persons have not disclosed felony convictions and when CE has not been obtained.
Hope that helps.
 
Budd A. Hetrick, Jr.
Deputy Bureau Chief
Idaho Bureau of Occupational Licenses
1109 Main St., Suite 220
Boise, ID 83702
https://www.ibol.idaho.gov

In Maine, we have never required a notarized signature. However, the shift to on-line renewal (and initial applications hopefully in the near future), has caused the applicant signature to become obsolete. The on-line process requires the applicant to check a box certifying to the accuracy and validity of the information on the application form. If there is any question about the information on the application, we have the record of the on-line certification. We've never had a problem with denials based on fraudulent information provided by the applicant.
 
Anne Head

Our agency wants to make our application process - both for initial and renewal of certification totally electronic. Currently, we require both applications to be notarized. For those agencies that have electronic applications, how have you addressed the issue of notarization of the application and the "wet signature" issue? We are considering beginning with renewal applications, and removing the requirement for notarization, but would appreciate learning from others as to how you have handled this. Does removal of the requirement for notarization have any impact on the ability of the agency to deny certification if the applicant provides false information on the application? Same question for an electronic, vs. wet signature. Thank you.

Some thoughts. I'm not sure it's a good idea to permit those who are regulated to do their own regulation. If the complaints are not
significant, perhaps you could "roundtable" them once a month or once a quarter with a panel of your staff or an independent panel from those licensed. In the latter they would need to recuse themselves if they were associated with a particular complaint.

Al Cutler
Illinois Department of Financial and Professional Regualtion

< replied-to message removed by QT >

I am part of a workgroup that is studying minor complaints. We are looking at having EMS (Ambulance)Providers self investigate minor complaints and then we would follow up and either close the investigation or investigate further. Any Thoughts? Thanks in advance for your reply.

James Shiplet
Texas Department of Health

1. Yes, dismissed complaints are kept. All complaints are investigated to some degree.
2. 5 years from the date of last activity in the record
3. We have a number of boards and certification programs and they are each governed by their own set of rules. In most of the programs, dismissed complaints are open to the public; in a few they are not.

Nancy Swetnam
Certification and Licensing Division
Arizona Supreme Court
1501 West Washington, Suite 104
Phoenix, AZ
Phone: 602-364-0362 Fax: 602-364-0358



< replied-to message removed by QT >

The Louisiana State Board of Social Work Examiners asks the following questions:

1. Are dismissed complaints filed with your board/entity kept either with or without an investigation?
2. How long are they kept?
3. Are they public record?

SPITE COMPLAINTS

How does a board and its staff recognize and address the potential and the actuality of spite complaints against licensees? Can anyone furnish commentary on this issue, or supply examples of procedures or policies, whether informal or documented, for the recognition and processing of spite complaints?

By way of example, spite complaints can include elements of harassment or disparagement with the intent to harm the business practice of another either by a) getting the word out in the profession that a complaint has been filed against a practitioner, and/or by b) causing a practitioner to agree to a settlement with the licensure board as a matter of convenience (in which one neither admits nor denies culpability but say, pays a fine or accepts a penalty). Of course, thereafter the record of such settlement becomes public and harms the business of the target. It would seem that these spite complaints are filed not so much from the motive of protecting the public from future malpractice, nor from the motive of seeking some compensation or satisfaction for recent malpractice, as from the motive of simply harming the business potential of the target professional and causing them distress and loss of market opportunities.

I am aware of one such case in which, allegedly, competitors of a practitioner took exception that practitioner’s expansion of business into “their” geographic territory and filed a complaint with the licensure board with alleged borderline substantiation and substance. Are there similar cases of which members of the CLEAR community are aware? Is this general situation of such prevalence that many boards and their staffs explicitly or implicitly recognize it? Is there a check box in any investigative protocol --- “Does this appear to be a spite complaint?” Should there be? How do staff prioritize suspected spite complaints along with their regular, presumably more substantial, workload? Does anyone have actual guidelines for this sort of investigation that are available for reference? Or is this simply another aspect of investigative craft that is always there but never really comes to light to be seen by the practicing community? Is the recognition and treatment of spite complaints covered in any training for investigative staff?

My interest is primarily in relation to the design professions: architecture, engineering, land surveying, geology, and landscape architecture. However, insights and examples from other regulated professions, or general comments, would also be welcome.

Robert E. Tepel, CLEAR Individual Member.

I NEED INFORMATION IN HOW TO CHALLENGE THE RESULT OF THE VETERINARY BOARD EXAMINATION.

/m60

Re. Inquiry About Task Analyses

There are a couple issues to consider if it is possible that practice is different in each state or region of the country. The first is that there needs to be a large enough sample in each state or region so that a difference can be detected reliably. That would explain the 200 per state approach, though if you are assuming only 50 per state will respond, it might be a good idea to combine states into regions that you suspect might be more alike than different.
 
Once this equal state sample is selected, if there are significant differences detected, then perhaps the overall sample results can be weighted by the proportions of licensees in each state. But more likely, an expert judgment would need to be made as to how the difference in practice ought to affect a proposed national exam. That might depend on the goal of the exam -- to cover only those things states have in common, or to cover all things a licensee might need to know, depending on where they practice.
 
Barb Showers
Director Education and Examinatons
Wisconsin Department of Regulation and Licensing

I am actively seeking resources for grants to fund new and ongoing projects. We are an "umbrella" licesning agency covering about 35-40 professions. I am the Chief of Probation; most of our workload is monitoring health care professionals recovering from substance abuse/chemical dependency issues.

Thanks for your assitance.

INQUIRY ABOUT TASK ANALYSES

CLEAR Individual Member Robert E. Tepel submitted this inquiry.

Some discussion is underway in a council of subject matter experts on which I sit. The thoughts of CLEAR members on the questions posed, and any additional advice, would be appreciated. Clarification questions about the scenario posed below, and responses to the questions, may be posted in this forum or sent by email to Robert E. Tepel at retepel@hotmail.com. Thanks.

Scenario: A Task Analysis in support of a national examination is to be performed for a learned profession licensed in 30 states. The total number of licensees nationwide is about 40,000. Individual state boards will be asked to provide a list of their licensees to the national association of licensure boards, which will extract a random 200 resident licensees per state to receive questionnaires by mail. The number of licensees per state is uneven. In rounded numbers, eighteen states have between 250 and 1,000 licensees, seven have 1,001 to 2,000 licensees, three have 2,001 to 3,000 licensees, one has about 4,500 licensees, and one has about 6,800 licensees. (None have 3,001 to 4,400 licensees.)

My worry. Underlying the proposed flat rate distribution of questionnaires is the assumption that the scope of practice is so similar across the country that there will be no distortions in the results, as compared to a distribution of questionnaires proportional to the number of resident licensees in each state. As a practitioner, I am not comfortable with that assumption. For example, there are significant variations among the states in the scope of laws and regulations requiring the stamp and seal of a licensee on various documents, reflecting each state’s perception of the contribution of the profession to the welfare of its citizens.

Questions: 1) Should the questionnaires be distributed in proportion to the number of resident professionals licensed in each state rather than at the flat rate of 200 per state, and why or why not? 2) How many questionnaires should be distributed nationwide, assuming 25% of the questionnaires are returned in good order?

Hi Pam,
Thanks for your speedy reply. Actually, the primary reason for choosing this topic for my dissertation is because both PMI (PMP) and APM(Prince2)under IPMA seem to be advocating or moving their respective credentials BEYOND CERTIFICATION towards LICENSING. This is a BIG step, and the focus of my research is intended to either support or refute this trend.

You failed to note in your reply that unlike PMI's Project Management Professional (PMP) which (despite claims to the contrary) is primarily KNOWLEDGE BASED credential, while IPMA and The Australian Institute of Project Management (AIPM) <http://www.aipm.com.au>; certifications are based on demonstrated COMPETENCY in the field.

So even despite IPMA and AIPM being more advanced with a true comptency based credential, early research seems to indicate that Project Management is NOT a stand alone profession, but more a methodology, which is consistent with what Prince2 is advocating, and/or a discipline or approach within the field of general management. (Not unlike TQM, MBO or other "flavors of the week") So is "licensing" demontrated competency in a METHODOLOGY appropriate? That is one of the areas I am looking for help in finding previous research either supporting or rejecting that concept.

Like you, I agree that in order to justify "LICENSING" (as opposed to mere Certification) there needs to be compelling reason for government involvement; Either to protect the general publics Health or Safety OR to prevent fraud. (Consumer Protection) This part of the research is another area where I am having problems finding materials. There is no shortage of "Cons" advocating against Licensing, but precious little published that supports or is in favor of Licensing. Can you (or anyone out there) help in finding some "Cons"?

To summarize, the two specific areas of research I need help in are:
1) Research SUPPORTING or arguing in favor of licensing;
2) Demonstrated examples of where competency in applying a METHODOLOGY has been licensed, as opposed to licensing the profession itself.

Thanks again,

Paul D. Giammalvo, PMP#740, CCE #1240, MScPM
www.getpmcertified.com
Jakarta, INDONESIA

Paul,

There is only one real standard for whether a profession is suitable for governmental regulation and that is whether the practice of that profession can result in measurable harm to consumers.

Having said that, you are no doubt aware there is sufficient concern about the need to have competent project managers that a large international private sector industry has grown up around certifying or qualifying such practitioners.

In some professions where there are large numbers of voluntarily credentialed practitioners, the associations themselves may move to make the case for governmental regulation. I would sugges that you contact some of these to see what they have to say about the issue.

In the United States, a good contact would be the Project Management Institute ( http://www.pmi.org/info/default.asp )

In the United Kingdom, The Association for Project Management offers three qualifications for members ( http://www.apm.org.uk/ )

There are a number of such project management associations throughout the world. Many of these belong to the International Project Management Association, the secretariat for which is based in the Netherlands ( http://www.ipma.ch/ )

Good luck with your research.

I am a PhD Candidate doing research entitled "Is Project Management a Licensable Profession?" and am seeking any published papers (preferably from refereed journals)that either support or refute the value added of occupational licensing.

If you have run across any or could provide me with follow on references, that would be very much appreciated.

Thanks in advance....

Paul D. Giammalvo
Jakarta, INDONESIA

Wisconsin state agencies are facing serious budget constraints – a situation we understand many of you share. As a result, we at the Wisconsin Department of Regulation and Licensing are reconsidering many aspects of our organizational structure, methodology for determining fees, and staffing allocations.

We would be grateful if you could provide us with feedback, in the form of responses to the survey questions listed below. Recognizing that many states are operating in a similar climate of reassessment and transition, we hope the information provided will be beneficial to Wisconsin as well as your state.

We will make our data available to the states that actively participate in the survey. Please indicate that you would like to receive a copy of the survey results. Thank you, in advance, for your time and assistance in this survey.



General Organizational Questions
 
How are your boards organized? Umbrella agency or independent boards?
 
Will you provide us with a copy of your organizational chart?
 
Do you feel your organizational structure is effective and efficient?

a.) Have you reorganized within the last few years or are you facing reorganization?
 
How many professions do you regulate?
 
How many credential holders do you license and regulate?

How many employees does your agency have processing the applications? (per profession if possible)
 
Do you have operations or statistical reports or studies available that would share with the Wisconsin Department of Regulation and Licensing?
 
Fees and Funding
 
Is your agency funded strictly by licensing fees? If not, what is your other source of revenue and what percentage of your budget does it represent?
 
What is your agency’s total budget? Can you provide an estimate of the allocation of funds between licensing, enforcement, board services, and enforcement and information technology?
 
Legal Counsel
 
Are attorneys employed by the independent boards or the umbrella agency or are they assigned by the Attorney General’s office or another agency?
 
How many fulltime attorneys are employed to serve the boards/agency or how many attorney hours are dedicated to the boards/agency operations?
 
Do you have legal counsel present at all board meetings or do they attend only as needed?
 
Who serves as hearing examiners for your boards?
 
Investigation and Enforcement
 
How many complaints and disciplinary actions do you average per year?
 
Are auditors or investigators employed by the independent boards or the umbrella agency or are they assigned by the Department of Justice or another agency?
 
How many fulltime auditors or investigators are employed to serve the boards/agency or how many auditor or investigator hours are dedicated to the boards/agency operations?
 
Are you required to perform mandatory inspections or audits for some professions? Which professions? How many mandatory inspections or audits do you perform per year?
 
Does your agency or do your boards address unlicensed practice violations?

What action do you take and how much staff time is devoted to unlicensed practice?
 
Information Technology
 
Do you offer online license application and renewal services? Have you documented cost savings related to online licensing options?
 
 
Thank you again....

The Virginia legislature recently added Wetlands Delineators as a certification program to the Board for Soil Scientists (and Wetland Delineators). The law requires candidates to pass an examination prior to certification and goes into effect July 1, 2004. I am requesting information about any Wetlands examination. How is was developed, the content areas, etc.

A bill was recently introduced in the Wisconsin legislature that would require the Wisconsin Department of Regulation and Licensing to license and regulate foreign language interpreters. I'm interested in hearing from any states that currently license interpreters – how long have you been regulating this profession, how many licensees do you have, any surprises in the area of cost or required staff time, how many and what types of complaints and disciplinary action have you experienced? Any other specific issues of interest to share? Thank you in advance for any feedback you can provide

You might be interested in Virginia's HB1491 which is ready for the governor's signature. See

http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+HB1941

Summary as passed: (all summaries)
Board of Barbers and Cosmetology; regulation of hair braiders. Provides for a separate category of licensure for individuals wishing to perform hair-braiding services only. The bill also permits licensed cosmetologists to perform hair braiding without a separate license; exempts from licensure any braider working in a licensed cosmetology salon under the direct supervision of a licensed cosmetologist; and includes a waiver of examination for individuals who apply in the first year and have at least 3 years of documented work experience, completed a training program satisfactory to the Board, or have a certificate or license as a hair braider from another jurisdiction.

You might also want to contact staff of the Virginia Divsion of Legislative Services (http://dls.state.va.us/) to determine who did the background work for this bill. Their research should be fairly current.

I'm hoping you can provide some feedback regarding a Barber and Cosmetology scope of practice question. The Wisconsin Barber and Cosmetology Board is reviewing the issue of "braiding" and whether it should be considered within the scope of practice of cosmetology. I'm interested in hearing about your licensing guidelines in this area and also any other anecdotal information you can share regarding your experience in this area. Any activity in the areas of complaints, disciplinary action, unfavorable press due to injuries or spread of disease? Thank you in advance for any feedback you can provide. Mary Forseth

A bill was recently introduced in the Wisconsin legislature that would require the Wisconsin Department of Regulation and Licensing to license and regulate student athlete agents. I understand that 15 jurisdictions currently license and regulate this profession (Alabama, Arizona, Arkansas, Delaware, DC, Florida, Idaho, Indiana, Minnesota, Mississippi, Nevada, Pennsylvania, Tennessee, Utah, US Virgin Islands, Washington, and West Virginia – please let me know if you have more current information). I’m hoping you can provide some general information about your experience – how long have you been regulating this profession, how many licensees do you have, any surprises in the area of cost or required staff time, how many and what types of complaints and disciplinary action have you experienced, and any other specific issues of interest to share? Thank you in advance for any feedback you can provide.

Edited by author 11-22-2002 05:51 AM
/m33

CLEAR maintains a list of vendors that I will be pleased to send to you if you wish. Please e-mail me at aparfitt@mis.net if you would like to take this option.

Additionally, a list of testing and certifying organizations are listed on CLEAR's web site at http://www.clearhq.org/resources.htm

We are looking for IT solutions to licensing. We have numerous different type of licenses for many different types of licensees. Although we have many different types of licenses many of those are to the same licensee and therefore a "corpoarte" database used by a common software application might be advantageous. We looking to find other state agencies that have purchased or had such software developed to identify vendors and products.

/m27

We are not aware of a national standard. Please let us know if you come across additional information on this topic.

I am researching changes in regulations of moral conduct in health care providers licensure regulation. Several years ago, I read a Kansas Supreme Court ruling about a physician whose license was revoked for holding hands with a woman patient on the street corner. I recall that he was courting the woman. Does anyone have a reference on the historical perspective of moral conduct in health care.

Is there a national standard for the number of investigators a supervisor can effectively supervise?

/m23

Please contact the Idaho Legislative Services Office at 208/334-2475. The staff person for the committee that oversees the profession will be able to answer your questions.

Further information about the Idaho Legislative Services Office can be found at http://www2.state.id.us/legislat/legstaff.html

Edited by author 06-15-2002 11:14 PM
The Idaho State Board of Medicine (BOM) upon the recommendation of the Respiratory Therapy Licensure Board (RTLB) has determined that certain aspects of polysomnographic (PSG) practice fall under the scope of practice of respiratory care and as such are limited to persons licensed under the Respiratory Care Practice Act (RCPA) of 1991. PSG techs in Idaho presented evidence to support our contention that we are the profession best suited for performance of these tasks. Both the BOM and a representative from the RTLB agreed with us; however they stated that we would need to amend the law to allow for licensure of PSG techs under the RTLB. Can you refer me to information which will provide step by step instructions of how to accomplish this? What are the subjects which need to be addressed in setting up the process of licensure?

/m21

The National Council of State Boards of Nursing (NCSBN) has a number of online resources regarding the regulation of advanced practice nurses. These can be found on the NCSBN web site here: http://www.ncsbn.org/public/regulation/licensure_aprn.htm

Can you please point me to sources of information on the pros and cons of licensing nurses in the advanced practice role vs. registering them?

/m7

An article about the regulation rather than certification of addiction and drug counselors can be found here: http://www.addictionrecov.org/paradigm/P_PR_W99/Kaplan.html
Written in 1998, it suggests that 13 states have so far passed licensure requirements. Moreover, it states that many more are in the process of drafting or implementing legislation.

For additional information, please contact the Association of Addiction Professionals (NAADAC). Contact information can be found here: http://naadac.org/documents/display.php?DocumentID=5

/m12

Specific continuing education requirements can be found on the web site of the Federation of State Boards of Physical Therapy at http://www.fsbpt.org/Continuing_Competency.pdf

I was wondering what are the pros and cons of continuing education for physical therapy reliscensure?

I'm looking for info regarding licensure rather than certification for drug and alcohol counselors. Thanks

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