Is Technology Putting Your License at Risk?

The regulatory landscape has undergone a seismic shift. Digital transformation isn't just changing how we work, it's revolutionizing how regulators monitor, evaluate, and enforce professional standards across all licensed fields.

Today we explore the powerful technological tools that have become standard for regulatory agencies. Case management systems have gone digital, records are electronic, and some agencies are even exploring AI monitoring capabilities. This means your compliance (or lack thereof) can be evaluated in seconds rather than days or weeks. For license holders, this creates both vulnerability and opportunity.

Social media has emerged as particularly treacherous territory. Every post, comment, and reaction leaves a digital footprint that can be screenshot and used in complaints. As professional license defense attorney Tony Bertolino shares, licensing boards increasingly treat social media conduct with the same scrutiny as in-person professional behavior. What might seem like harmless venting online could be interpreted as unprofessional conduct by your board.

AI tools present another frontier of concern. While many professionals experiment with AI for drafting reports or documentation, these technologies create serious risks around confidentiality and accuracy. We emphasize how professionals remain fully responsible for AI-generated content they use, a lesson some attorneys have learned the hard way through court sanctions when AI-produced citations proved fictitious.

To thrive in this new digital environment, we must embrace compliance as a culture rather than a checkbox exercise, stay informed about evolving regulations, and actively engage in the regulatory process. The professionals who will succeed are those who adapt quickly, build compliance into their daily practices, and aren't afraid to connect with their regulators.

What digital habits might be putting your license at risk? Take time this week to examine your professional practices and identify potential compliance gaps. Subscribe, share this episode with colleagues, and join us next time as we continue to bring you the conversations that help protect your license and livelihood!

Get more information, details and resources on Know Your Regulator - https://www.belolaw.com/know-your-regulator

Episode Transcript

Speaker 1 (00:01):
This podcast is for educational purposes only, does
not constitute legal advice anddoes not create an
attorney-client relationship.
If you need legal assistanceabout a legal problem contact an
attorney.

Speaker 2 (00:13):
Howdy, everyone.
Welcome back to Know yourRegulator, the podcast that
inspires you to engage.
I am your host, simone Murphy,and in today's episode, we're
taking a look at the future howtechnology is changing the way
that regulators work and whatthat means for you as a license
holder.
We talk a lot on the show aboutcurrent rules and processes,
but what happens when AI,digital record keeping and

(00:34):
social media monitoring startchanging the landscape?
Well, they already are, so ifyou're a professional with a
license, you need to know howthis shift could affect your
career.
Today's episode is a soloconversation, but I'm weaving in
some clips from past episodesfolks like Douglas Reeves, tony
Bertolino and experts from ourAI-focused episode, sherry

(00:59):
Middlemass and Troy Bullier,who've shared their insights on
compliance enforcement and therole that technology is playing
in our world.
So let's dive in.
The future of regulation ishere the same age.
Regulators have more tools attheir disposal than ever before,
so case management systems aredigital, records are electronic
and agencies are even exploringAI monitoring.

Speaker 3 (01:21):
We, being appraisers, fall under USPAP, the Uniform
Standards Practice forProfessional Appraiser, so it's
a little bit different for us.
That's our overarching thingthat we're always wanting to
comply with, but there's a lotof interpretations of that by
TREC and TLCB and Fannie Mae andother government entities, and

(01:44):
so you're always kind of havingto be on your toes.
And since USPAP is somethingthat changes every two years, or
at least is revisited, we haveto be out in front of it.

Speaker 2 (01:54):
I want you to think about that for a second.
If agencies can very quicklypull your records, your
documentation, your digitalfootprint, they don't need to
send someone physically knockingat your door footprint.
They don't need to send someonephysically knocking at your
door.
Your compliance or lack thereofcan be laid out in just seconds
.
So that means you, as a licenseholder, have got to adapt.
It's not about just doing theright thing, it's about proving

(02:15):
that in a digital first world.
And technology doesn't justmake regulators jobs easier
either.
It also makes it easier forprofessionals to slip up in ways
that they never imagined before.
Social media is a big one.
It's huge.
Every comment, every post,every like, every emotional
reaction, the emojis.

(02:37):
It can be screenshotted, it canbe shared and used in a
complaint.

Speaker 4 (02:41):
Well, what we've seen over the past decade or so is
that licensing boards, reallyacross all professions in Texas,
are treating social mediaconduct the same way they treat
in-person professional behavioror even misbehavior.
And that means that you knowthese off-the-cuff kind of posts
and shared memes and you know,and even comment threads could

(03:04):
be interpreted as anunprofessional conduct by a
board and could subject alicense holder to an
investigation for misconduct.

Speaker 2 (03:13):
And that's the reality, right, a post that to
you, is just blowing off steammay come off as unprofessional
to the board, and they'rewatching closer, now more than
ever.
And then there's AI, and someprofessionals are already
experimenting with it to draftclient reports or even document
case notes.
But here's the warning If youare putting in confidential

(03:33):
client or patient informationinto an AI tool, you may be
exposing private data, andregulators absolutely will catch
up to that risk.
So the lesson here is simpleEvery action leaves a digital
footprint, and license holdersneed to understand these
footprints before they step intorisky territory.
So you may be asking yourselfwhat can I do to stay ahead?

(03:55):
First, you absolutely have toembrace compliance as a culture.
It's not a checkbox.
Technology is not going away,and you need systems in place to
make sure that compliance isroutine.

Speaker 1 (04:07):
You know, at the end of the day, you're still a
professional.
It's still your license on theline.
You really need to think aboutAI as just another tool in the
toolbox, right?
And so obviously there's goingto be an adjustment period in
learning how to incorporate thattool into the bevy of services
that you provide.

(04:27):
But again, at the end of theday, your obligations, your
ethics as a professional remainessentially the same and even
though you may be using a tool,you're still the one on the hook
.
You're the one responsible.
Great example of that You'veprobably maybe even seen this in
the news Lawyers have startedusing AI and things like ChatGPT

(04:50):
and Claude to help them withlegal research and also writing
briefs.
Well, lawyers have a duty and anobligation of due diligence to
know what they're submitting tothe court.
There have been some instanceswhere people have used chat, gpt
, for example, and the case laweither doesn't exist or doesn't

(05:11):
stand for the proposition thatthe lawyer made and the court
found out, and that can actuallyget lawyers in trouble.
They can be sanctioned by thecourt.
There have been referrals tostate bar for grievances, so
that's really a big issue.
I think that emphasizes hey, atthe end of the day.
This is a tool and you are theone that's responsible.

Speaker 2 (05:31):
And second, stay informed.
Boards are constantly updatingtheir rules and regulations to
reflect the digital world, andsometimes that means that you've
got to advocate for change, andso the last one, which we kind
of have been mentioningthroughout this podcast today,
is submit your comments.

Speaker 5 (05:47):
speak what's bothering you, what you'd like
proposed, what you'd like to bechanged.
If you don't speak up, someoneelse's opinion may shape the
policies that govern yourprofession, and it might be one
that you didn't speak up.
Someone else's opinion mayshape the policies that govern
your profession, and it might beone that you didn't like.
Even in a short comment,explaining how a rule affects
you can be incredibly valuable.

Speaker 2 (06:08):
The truth is that professionals who engage early,
who understand the rules beforethey hit, are far better
protected than those who waituntil a complaint arrives.
The future of regulation is notjust a distinct concept.
It is happening right now.
Ai is here, digital monitoringis here and social media risk is
here, and the professionals whothrive are the ones who adapt,

(06:29):
who build compliance into theireveryday practice and who are
not afraid to engage with theirregulators.
So here's your call to actionLook at your own professional
life this week.
Where are the gaps?
What are you relying on?
Maybe some old habits that maynot hold up in a digital first
world?
And, most importantly, how canyou make sure that you're not
just compliant, but that you'reprepared and remember, if you're

(06:52):
ever unsure about your standing, don't wait until it's too late
.
Reach out to your board, engagewith your regulator and ask
them questions.
That's it for today's episodeof Know your Regulator.
If you found this helpful,share it with a colleague who
might need some reminders,subscribe, leave a review and
keep on tuning in as we bringyou the conversations and solo
episodes that help you protectyour license and livelihood.

(07:14):
Until next time, stay inspiredand continue engaging with your
regulatory agency Know.

Speaker 5 (07:21):
Your Regulator.
The podcast that inspires youto engage.