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A difficult and important discussion

December 21, 2020

A difficult and important discussion

Counsel’s column This month’s Counsel’s Column addresses a difficult and important topic for board members and staff of government-created and government-authorized social work boards. Dear Social Work Regulatory Board Members and Staff: Society as a whole, inclusive of the social work regulatory community, is under intense scrutiny and political pressures based upon a host of […]

Category: newsletter

Tag: and inclusion, counsel's column, diversity, equity, New Board Member Training, Regulation

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Have Internet, will participate

October 26, 2020

Have Internet, will participate

Counsel’s Column ASWB encourages your attendance and participation in the 2020 Annual Meeting of the Delegate Assembly, to be conducted virtually during the week of November 16–20, 2020. Delegate and member board presence is what fuels ASWB and provides direct input into the policy setting and evolution of the organization. Without the need for physical […]

Category: newsletter

Tag: annual meeting, counsel's column, meetings

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When is a life coach a counselor?

August 28, 2020

When is a life coach a counselor?

Counsel’s Column Distinguishing between scopes of practice of related professions, such as mental health services, can be a confusing task—confusing for the policy makers who enact legislation defining such scopes, consumers, and practitioners alike. Further complicating these discussions are the legal issues around what license is required and which board has authority over the person/licensee. […]

Category: newsletter

Tag: counsel's column, Regulation

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Don’t dis the dissent

June 29, 2020

Don’t dis the dissent

Counsel’s Column While tempted to address the ongoing pandemic and its effects on the Association of Social Work Boards and its member boards, I have elected to lead an effort to return to the case-driven approach to regulatory content. This is not to downplay or ignore the important regulatory issues that are under added scrutiny […]

Category: newsletter

Tag: counsel's column

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Deconstructing executive orders

April 28, 2020

Deconstructing executive orders

Counsel’s Column In times of crisis or declared emergencies, executive orders play an important role in establishing operational parameters that dictate what role government may undertake to address the circumstances. Executive orders may also provide directives to individuals that effectively have force of law and can lead to sanctions if violated. Executive orders can come […]

Category: newsletter

Tag: counsel's column, COVID-19, Regulation

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Delegation and the NASW Code of Ethics

February 28, 2020

Delegation and the NASW Code of Ethics

The issue of delegation of authority is an important concept for board members, staff, and relevant attorneys to understand. In short, the legislature enacts statutes that create and delegate authority to the social work boards to enforce the practice act in the interest of public protection. Where appropriate, social work boards delegate authority through the […]

Category: newsletter

Tag: code of ethics, counsel's column, public protection, Regulation

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Related or not: Good moral character

December 19, 2019

Related or not: Good moral character

As I discussed at ASWB’s 2019 Annual Meeting of the Delegate Assembly in Orlando, Florida, the issue of good moral character as related to eligibility for initial licensure and licensure renewal is facing an ever-changing landscape. Most jurisdictions have a good moral character requirement as a prerequisite to licensure eligibility. Under scrutiny is what constitutes […]

Category: newsletter

Tag: counsel's column, Disciplinary actions

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Bylaws: An important recognition of membership

October 31, 2019

Bylaws: An important recognition of membership

  “The proposed amendments to the ASWB bylaws related to membership provide ASWB with the flexibility to ensure member board participation in important decision-making related to programs and services, as well as alleviate, or perhaps eliminate, the need for formal state letter agreements. … To be clear, to the extent a state law requires a […]

Category: newsletter

Tag: counsel's column, meetings

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The three E’s: Exercising Exceptions and Exemptions

August 30, 2019

The three E’s: Exercising Exceptions and Exemptions

  Government regulation involves the enactment of a statute (practice act) that sets forth the legislative intent to restrict practice of the profession to those duly licensed by a governmental agency/board. Licensure is required as a prerequisite to lawful practice of the profession, and practice without a license may result in criminal and/or administrative sanctions. […]

Category: newsletter

Tag: counsel's column, Regulation, strategic framework

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How to establish an emergency

June 24, 2019

How to establish an emergency

Social work regulatory boards are statutorily created and delegated with the authority to carry out the intent of the law in the interest of health, safety, and welfare of the public. As part of this delegated statutory authority, social work boards should be delegated with the right to summarily suspend a license under certain circumstances. […]

Category: newsletter

Tag: counsel's column

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New “Bored” Member Training

April 29, 2019

New “Bored” Member Training

Having just completed serving as facilitator at the first of three annual Association of Social Work Boards New Board Member Training sessions, I am writing this column to reflect on the enthusiasm shared by the participants and identify anticipated issues for social work boards. As self-serving as this article may seem, NBMT breathes life into […]

Category: newsletter

Tag: counsel's column, Disciplinary actions, New Board Member Training

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Why? Part 2: Government Involvement

February 22, 2019

Why? Part 2: Government Involvement

In a previous newsletter article (February 2018), the Counsel’s Column focused on why regulation is under political scrutiny and suggested that social work boards embrace this spotlight as an opportunity to shine. This column will focus on government involvement in regulation and continue to justify the need for public-sector regulation of the occupations and professions. […]

Category: newsletter

Tag: counsel's column, regulatory reform

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