Tag: Counsel’s column
December 21, 2022Not just psychometric babbleBe assured that ASWB adheres to and maintains a valid examination program for use by member boards. The process is highly technical, so bear with me as we navigate the details.
October 28, 2022Regulation is regulation, and deregulation is deregulation
Member boards and legislatures must understand the basic premise behind entry-level competence assessments and the vital role they play. This knowledge will lead to more-informed legislative and administrative decisions.
August 30, 2022Free speech: Court of Appeals converts District Court ruling
Recently, the First Amendment has provided the basis for challenges to mental health practice with plaintiffs arguing that professional practice is not conduct but rather speech protected by the First Amendment. These cases continue to matriculate through the judicial system.
June 28, 2022Deference due in denial
Populating the social work boards with licensees and public members provides for diverse perspectives in the decision-making process. Social workers serving on boards ensure the expertise necessary to increase the efficiencies of the board activities, including rulemaking, statutory interpretation,
April 22, 2022Government regulation: The three E’s
Understanding the basis for and prerequisites of licensure set forth in law is the best way to prepare for legal, practical and/or political debate surrounding government regulation.
February 25, 2022Therefore, be it resolved
As emphasized at the 2021 ASWB Annual Meeting of the Delegate Assembly, resolutions provide an important opportunity for ASWB member boards to assist leadership of your organization in identifying and, where appropriate, implementing initiatives for the benefit of the association.
December 21, 2021Complaining complainants: Right to seek review
The introduction of government into the licensure, renewal, and enforcement of social work practice includes a fairness component. This fairness doctrine is referred to as due process or fundamental justice. In short, fairness in the process is required because the government mandates that practitio
October 28, 2021Let’s process this process: Illinois Senate Bill 1632
All proposed legislation to a practice act should be presented to the relevant regulatory board for input. The expertise on the board is beneficial to the legislature when determining what’s in the best interest of the consuming public.
August 27, 2021Settlement agreements: A cautionary tale
When enforcing the practice act against persons alleged to have violated the law, regulatory boards are constrained by the authority delegated to them by the legislature. Social work boards are created and authorized via legislative enactment of statutes.
June 25, 2021Can you see the conflict?
The concepts of perceived bias and conflict of interest principles remain critical to social work boards and their important public protection mandates.