1. Stacey Kjeldgaard, Executive Director 970-775-3729 or 888-676-3227 skjeldgaard@ebas.org ETHICS AND BOUNDARIES ESSAY EXAMINATION Computerized Assessment Tool Providing Solutions for Regulatory Boards Computerized Assessment Tool Providing Solutions for Regulatory Boards

2. Putting Together the “ Pieces” Required for Regulatory Excellence PuzzlePuzzle

3. Welcome to www.ebas.org EBAS © 2015 3 Application Info Schedule Your Exam Exam Prep Score Your Exam Agency Info Home About Us Contact Us E&B Information Brochure FAQs

4. E&B Essay Examination:  Demands accountability for public and health safety concerns within professional environment  Offers a follow-up to board-sanctioned E&B educational course work  Delivers an independent, third-party evaluation  Offers a calibrated, reliable, and valid exam  Gives agencies additional tool in their “toolbox” of disciplinary orders  Supports your agency’s mission: PUBLIC PROTECTION EBAS © 2015 4

5. E&B Essay Examination: EBAS © 2015 5  Cost: $1,500 per initial exam administration includes all costs (paid by licensee); retake: $300 per retake area. This includes the grading of the responses and mailing the Score Analysis Report to the licensee and agency.  Exam Delivered: at computerized testing centers throughout the United States - “on-demand” format 6 times a week;  Offers: five (5) unique essay scenarios with stratified selection from pool in each topic area: 1) Boundary Violations; 2)Fraud; 3) Professional Standards; 4) Substance Abuse; and 5)Unprofessional Conduct.

6. WHAT…Does the Exam Assess?  Examinees are directed to identify and address the ethical violations that are portrayed in each of the five topic scenarios (see next slide).  Scenarios are not necessarily profession specific but are meant to assess the licensee’s understanding of the violation described.  Exam requires the examinee to compose a response to the five topic scenarios.  Content and expression of ideas are more heavily weighted in the grading than grammar, punctuation, or spelling.

7. WHAT… Are the Scenario Topic/Focus Areas?  Boundary Violations (licensee with client/patient; licensee with staff, including harassment concerns – both verbal and non-verbal)  Fraud (fraudulent billing/coding; falsification or alteration of any documents; performing unwarranted services)  Professional Standards (quality assurance issues; negligent performance of duties; safety concerns; improper diagnoses and/or treatments; improper client/patient management; and improper records and documentation)  Substance Abuse (drug and alcohol misconduct or violations)  Unprofessional Conduct (inappropriate behavior; prescription forgery; aiding and abetting unlicensed activity; practicing with revoked/suspended license) EBAS © 2015 7

8. HOW… I s the Essay Response Formatted? Required Essay Components (component text boxes will have the following specified response directions with unlimited typing space): I.INTRODUCTORY OPINION STATEMENTS: Referring to the given scenario and its assigned focus, present the ethical issues and concerns involved. Additionally, identify how/when the licensee disregarded professional conduct standards. II.CONSEQUENCES: Discuss several consequences that could arise from the above scenario and affect all involved parties. III.SOLUTIONS: Identify the actions needed to resolve the ethical violation(s) described in the above scenario, and include what could prevent such violation(s) from occurring in the future. IV.PUBLIC PROTECTION: Explain how the actions of the licensee compromise the community’s safety and welfare, and provide several reasons why these actions are considered to be an ethical violation. EBAS © 2015 8

9. E&B Essay Exam Update: EBAS © 2015 9  Since the implementation of EBAS in November 2013, EBAS has seen a continual growth in the registration of agencies to include: Doctors of ChiropracticDentistry Doctors/Surgeons (Medical)Physical Therapy Hearing Aid SpecialistsVeterinary Medicine Massage TherapyOccupational Therapy OptometryPharmacy PsychologyEngineers/Surveyors  In addition, EBAS is now available for use with disciplinary cases by pre-professional educational institutions as well as by malpractice insurance carriers.

10. WHO… Grades the Essays?  Graders are trained professionals who have addressed ethics and boundaries issues in a disciplinary context.  EBAS held its ongoing inter-professional Agency Orientation Workshops in Feb 2014 and July 2015 including board members, legal counsel, and executive directors from the following agencies:  Medical/surgical, dentistry, physician assistants, chiropractic, veterinary medicine, osteopathic, physical therapy, massage therapy, psychology, social work, marriage and family therapy, cosmetology, malpractice insurance carriers, and pre-professional educational institutions. EBAS © 2015 10

11. Sample Score Analysis Report EBAS © 2015 11 Boundary Violations Fraud Professional Standards Substance Abuse Unprofessional Conduct Introductory Opinion Statements 3.22.3 2.61.5 2.8 Consequences 2.71.5 3.02.7 3.3 Solutions 3.73.5 4.02.6 3.0 Public Protection 2.72.0 2.32.7 3.2 TOTAL 12 9* 1210*12  Total scores of 12 to 16 are passing; and are rounded to the nearest whole number. These scores represent the average of a minimum of 5 – 7 graders evaluation of each component.  It may take anywhere from two (2) to six (6) weeks from the time a licensee takes their exam to receipt of their score report. Licensees need to factor in this period of time when scheduling their exam and especially when considering Consent Order deadlines. * Indicates a failing score

12. What Are the Pass/Fail Statistics? EBAS © 2015 12

13. How Effective are Your Agency’s Disciplinary Measures? Are your current procedures providing you with the best information to make a decision as to whether or not the licensee really “GETS IT” or are you still relying on your gut feeling? Does the sanctioned licensee:  Fully understand the consequences of ethical/boundary violations?  Comprehend what solutions are needed to remedy and prevent such violations in the future?  Realize how and why ethical and boundary violations impact the public. EBAS © 2015 13 Without Assessment as part of your Disciplinary Orders… Is your agency truly serving & protecting the public?

14. Are There Guidelines for Writing Disciplinary Orders?  EBAS advises inclusion of these guidelines in your Settlement Agreements (as determined by each individual board):  Specify agency requirements:  “Licensee must take and pass all 5 topic areas of the EBAS Essay Examination within 3, 6, or 12 months (determined by individual board policy) from the date of the application, as specified on these disciplinary orders.”  “EBAS is non-negotiable”…(this language can be put in place at the outset to guarantee inclusion of the essay exam in the Consent Orders).  Direct the licensee to www.ebas.org for access to the EBAS Application Form as well as the complete details on the exam process, including an “Essay Writing Exercise”. EBAS © 2015 14

15. THANK YOU! Any Questions? EBAS © 2015 15 For further information, please contact: EBAS at 970-352-9050