Transcript Public Accountability

Public
Accountability-Part II
Best Practices
Occupational Licensing Model
Presented by
Jim Zukowski, Director
Professional Licensing & Certification Division
Texas Department of Health
Presented at CLEAR’s 2003 Annual Conference
Toronto, Ontario September 11-13
Model
•Developed by the Texas
Sunset Advisory
Commission
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Model
Helpful in
evaluating
occupational
licensing
programs.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Model
Covers every aspect of
an occupational
licensing agency
ranging from
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
the need for the
agency to how
licensing and
enforcement should
operate.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Model
Based on common
standards that the
Sunset Commission
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
staff have observed
over 25 years of
evaluations.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Model
Also delivers a
detailed explanation
for each of the
standards so that
criteria to measure
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
whether the program
meets the standard
can be developed.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Example - Inspections
 Standard “ The
Agency should have
clear procedures,
rules,
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
and statutory
authority for
conducting
inspections”.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Example - Inspections
The explanation section
lays out what policies
one would expect the
agency to have
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
that define the
records, facilities and
other matters subject
to the inspection.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Model
Then provide
additional
information on the
use of announced vs
unannounced
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
inspections, riskbased scheduling,
and the processes in
place to follow- up
on compliance
issues.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Model
Was developed as a
guide for sunset staff
but has applicability to
any state regulatory
agency
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Some verbage is
strictly “Sunset”
language, For
example ATB is used
in several sections.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Model
A T B means “across the
board” and if the
phrase A T B
recommendation
is used, it means that the
recommendation
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
would apply to all
agencies going
through the sunset
review process.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Model
Broad categories
for the model
include the
following:
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Need for Agency
Overall
Structure
Policy Body
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Administration
Licensing, and
Enforcement
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Model
The major thrust of
the model is in the
areas of licensing and
enforcement.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Some
examples:
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Area: Licensing
Subject: General
qualifications
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Standards:
Qualifications for
licensure should be
easily determined,
clear,
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
represent a current
condition, and relate
to the practice of the
profession.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Area: Enforcement
Subject: Compliance
Investigations
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Standards:
In general, board
members should not
be involved in both
the investigation of
complaints and
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
determining
disciplinary action.
Ideally, investigation
of complaints and
setting a
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
complaint for hearing
should be a staff
function.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Standards:
If board members are
involved in the
investigation, they
should not
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
take part in the
disciplinary
proceedings.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
The completion of these
standard practices
provides a structure for
occupational licensing
agencies
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
to see if they are efficient,
effective, fair and
accountable in their
mission to protect the
public.
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
The Model is
available on line at:
www.sunset.state.tx.us/sunset
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003
Questions???
Presented at CLEAR’s 23rd Annual Conference
Toronto, Ontario September, 2003