BostonBlog

After some technical difficulties, the session is off to a good start. Here are a few key points for those of you who missed it:

The legal risks of credentialing programs are higher when the credential becomes more important - like when denial or revocation of a credential impacts individual or organizational livelihoods (e.g., certifications required for licensure/practice or jobs).
To be legally defensible, the standards, policies and procedures of the program must be reasonable, fair and impartial.
Program governance should be well-defined (in organizational bylaws) and ensure autonomy from association governance.
Policies and procedures should be documented, made publicly available, and periodically reviewed.
Standards and assessment processes should be objectively developed (not just the opinion of a committee).
Eligibility criteria should be appropriate for the purpose of the program and should be fair and reasonable (you should be able to justify the criteria).
Marketing should accurately support the integrity of the program (don't over promise)
A due-process procedure should be in place (i.e., appeals).
Disciplinary policies should be clear and justly administered.
Program record keeping must ensure confidentiality and security of all materials (locked files, password protected databases, as examples).
Staff must understand and be attentive to legal issues (although this does not replace the need to have legal counsel with credentialing expertise).
Contracts must protect the interests of the program (such as security, confidentiality, document ownership).
You need to make sure your insurance policies cover your credentialing activities (don’t assume that they do).

If you’re considering developing a credentialing program, be sure to locate the Accreditation and Certification Law Handbook, an essential resource, through the ASAE & The Center.