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Public Accountability-Part II

Public Accountability-Part II. Best Practices Occupational Licensing Model. Presented by Jim Zukowski, Director Professional Licensing & Certification Division Texas Department of Health. Model Developed by the Texas Sunset Advisory Commission. Model.

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Public Accountability-Part II

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  1. 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

  2. Model • Developed by the Texas Sunset Advisory Commission Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  3. Model • Helpful in evaluating occupational licensing programs. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  4. Covers every aspect of an occupational licensing agency ranging from Model Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  5. the need for the agency to how licensing and enforcement should operate. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  6. Based on common standards that the Sunset Commission Model Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  7. staff have observed over 25 years of evaluations. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  8. 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

  9. whether the program meets the standard can be developed. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  10. Example - Inspections  Standard “ The Agency should have clear procedures, rules, Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  11. and statutory authority for conducting inspections”. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  12. 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

  13. that define the records, facilities and other matters subject to the inspection. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  14. Model • Then provide additional information on the use of announced vs unannounced Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  15. inspections, risk-based scheduling, and the processes in place to follow- up on compliance issues. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  16. 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

  17. 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

  18. 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

  19. would apply to all agencies going through the sunset review process. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  20. Model Broad categories for the model include the following: Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  21. Need for Agency • Overall Structure • Policy Body Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  22. Administration • Licensing, and • Enforcement Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  23. 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

  24. Some examples: Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  25. Area:Licensing Subject:General qualifications Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  26. Standards: Qualifications for licensure should be easily determined, clear, Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  27. represent a current condition, and relate to the practice of the profession. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  28. Area:Enforcement Subject:Compliance Investigations Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  29. 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

  30. determining disciplinary action. Ideally, investigation of complaints and setting a Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  31. complaint for hearing should be a staff function. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  32. Standards: If board members are involved in the investigation, they should not Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  33. take part in the disciplinary proceedings. Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  34. The completion of these standard practices provides a structure for occupational licensing agencies Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  35. 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

  36. The Model is available on line at: www.sunset.state.tx.us/sunset Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

  37. Questions??? Presented at CLEAR’s 23rd Annual Conference Toronto, Ontario September, 2003

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