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
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 […]
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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
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 […]
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Tag: counsel's column
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 […]
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Tag: counsel's column, COVID-19, Regulation
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 […]
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Tag: code of ethics, counsel's column, public protection, Regulation
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 […]
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“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 […]
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Tag: counsel's column, meetings
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. […]
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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
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 […]
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Tag: counsel's column, Disciplinary actions, New Board Member Training
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. […]
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