ETHICS AND BOUNDARIES ESSAY EXAMINATION Providing Solutions for Computerized Assessment Tool Providing Solutions for Regulatory Boards Dr. Judi Gerstung, Executive Director 970-775-3729 or 888-676-3227 jgerstung@ebas.org

Putting Together the “ Pieces” Required for Regulatory Excellence Puzzle Putting Together the “ Pieces” Required for Regulatory Excellence

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

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? Realize how and why ethical and boundary violations impact the public. Comprehend what solutions are needed to remedy and prevent such violations in the future? Without Assessment as part of your Disciplinary Orders… Is your agency truly serving & protecting the public? EBAS © 2015 4

WHY…to Use the 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. Gives agencies additional tool in their “toolbox” of disciplinary orders EBAS © 2015

WHAT… Does EBAS Provide? A tool that assesses the “moral compass” of the ethically-challenged professional A validated, reliable exam that crosses all professions A calibrated, and now, interprofessional grader training A means of furthering the goal of all regulatory jurisdictions: …Protection of the public!! EBAS © 2015

What Does the Exam Cost? (No Cost to Regulatory Agency) $1,500 per initial exam administration includes all costs: processing the application seat time at computerized test center essay grading (including grader training and calibration) post-exam review mailing of Score Reports to licensee and board $300 per retake area EBAS © 2015

HOW … Is the Exam Delivered? Utilizes computerized testing centers throughout the United States. Currently offered in an “On-Demand” format and administered 6 times per week (as from 2011-2013). Each licensee receives five (5) unique essay scenarios – 60 minutes per essay with stratified random selection from pool of scenarios in each of the topic areas. EBAS © 2015

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) Unprofessional Conduct (inappropriate behavior; prescription forgery; aiding and abetting unlicensed activity; practicing with revoked/suspended license) Substance Abuse (drug and alcohol misconduct or violations) EBAS © 2015

WHAT…Do the Scenarios Cover? Scenarios cover a wide variety of professional settings on E&B issues. Examinees are directed to identify and address the ethical violations that are portrayed. Exam requires the examinee to compose a response to 5 scenarios (one from each topic area of the Test Plan).

HOW… Is the Essay Response Formatted? Required Essay Components (component text boxes will have the following specified response directions with unlimited typing space): INTRODUCTORY STATEMENTS: Referring to the given scenario and its assigned focus, present the ethical issues and concerns involved, and/or identify how/when the licensee disregarded professional conduct standards. CONSEQUENCES: Discuss several consequences that could arise from the above scenario and affect all involved parties. 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.  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. EBAS © 2015 11

Sample Score Analysis Report Boundary Violations Fraud Professional Standards Office Protocols Unprofessional Conduct Introductory Opinion Statements 3.2 2.3 2.6 1.5 2.8 Examples/ Explanations 2.7 3.0 3.3 Consequences 3.7 3.5 4.0 Solutions 2.0 TOTAL 12 9* 10* * Indicates a failing score Total scores are rounded to the nearest whole number. Licensees will NOT receive a score at the testing center at the end of their examination. 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. EBAS © 2015 12

What Are the Pass/Fail Statistics? EBAS © 2015

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 shall take and pass all 5 topic areas of the EBAS Essay Examination within 3, 6, or 12 months from the date of 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

HOW… Can EBAS Help EXPEDITE Your Disciplinary Cases? Provides a follow-up to agency sanctioned educational coursework Offers a calibrated, reliable, and valid exam Supplies an independent, 3rd party evaluation   Supports your agency’s mission: Public Protection EBAS © 2015

THANK YOU! Any Questions? Please contact: Dr. Judi Gerstung Executive Director, EBAS 970-775-3729 or 888-676-3227 jgerstung@ebas.org EBAS © 2015