1. Start with WHY….. Dale Atkinson, Esq. FCLB General Counsel
FCLB Annual Meeting
May 3, 2018
2:00pm-2:45pm
Dallas, Texas

2. Speaker Dale J. Atkinson, Esq. FCLB Counsel Atkinson & Atkinson
1466 Techny Road
Northbrook, IL

3. Current Environment Reflect…Don’t Deflect
Perhaps the regulatory community
does not spend enough time
reflecting on basic concepts……..
……..and too much time defending the status quo.

4. Is Regulation Doing What It’s Supposed to Be Doing?
How do we know?
Can “we” trust ourselves?

5. Ask….
Is the profession self-regulated?

6. Is the Profession Self-Regulated?

7. Change is Inevitable
What are the biggest challenges facing your boards/jurisdictions?

8. How do we address these challenges?
Being informed
Trained
Knowledgeable
Understand role of board
Understand role of board member
Separate trade from regulation!
And more…and more…and more…

9. Reflect, Don’t Deflect Why How What Vicissitude……..dude
……tone and core message

10. Start with Why…

11. Why?
Why is there government regulation?

12. Why? Why is there government regulation?
…to protect society where they are unable to otherwise protect themselves

13. Why?
…provides consumers with an assurance of the qualifications of licensees along with a means of enforcement for the benefit of the public.

14. Why… Criminal Civil Administrative Processes
Commonalities
Differences

15. How?

16. How………Elevator Speech
Elements of your elevator speech….
Created by statute
Standards set forth in law (law includes statutes AND rules/regs)
Delegated with authority to enforce
Oversight
Authorized to promulgate rules/regulations
Protect the public

17. Elevator Speech
The _____ board is statutorily created and delegated with the authority to regulate the ______ profession in the interest of protecting the health, safety, and welfare of the public. With necessary oversight by government, the board enforces standards and criteria set forth in statute and adds specificity through the promulgation of regulations. The effectiveness and efficiencies of the board is enhanced by populating the board with a combination of consumer members as well as those with the expertise necessary to address the complexities of profession specific issues. An administrative regulatory system provides consumers with an assurance of the qualifications of licensees along with a means of enforcement for the benefit of the public.

18. What?
What is government regulation?

19. What? What is government regulation? Legislative Force of law Mandated
Enacted statutes
Promulgated rules/regs
Force of law
Mandated
Standards and criteria
Government issued & renewed credential
Creates legal rights
Subject to enforcement
Transparency

20. How do we address these challenges?
Being informed
Trained
Knowledgeable
Understand role of board
Understand role of board member
Separate trade from regulation!
And more…and more…and more…

21. Role of the Board Does the board have a mission statement? Elements?
Front & center!!

22. Role of the Board Member
Individual Responsibilities
Board member role as a Regulator
Conflict of Interest
Immunity
Relationships (Governor, Legislature, Other agencies, Public)

23. Licensure Practice Act Applications and renewals Denial process
Individual/facility
Temporary
Technology
Mobility/Portability

24. Discipline and Appeals
Complaints through Disposition
Consent Agreements
Board orders
Due process/fundamental justice
Administrative Procedures

25. Key Take Home Points Separate regulation from trade
Identify state and federal jurisdiction
Understand legal concepts and consequences
Train State Board members
Perception is reality

26. Thank you…
Questions and (maybe) answers