Tag: Counsel’s column

  • February 25, 2022
    Therefore, 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.

  • 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

  • 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.

  • 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.

  • The concepts of perceived bias and conflict of interest principles remain critical to social work boards and their important public protection mandates.

  • April 22, 2021
    Why compacts?

    The issues of states’ rights, uniformity of criteria, and mobility and portability related to the regulation of the professions are not new.

  • Virtual professional practice has brought added attention to many legal concerns implicated by practice without physical presence. The fundamental issues to consider include whether the actions constitute practice as defined, and if so, where practice occurs.

  • 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 factors. A changing regulatory climate, demonstrations and protests, justice and injustice, race, gender, sex, elections—not to mention COVID-19—are shining a light on our individual […]

  • 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 travel, ASWB looks forward to a record number of delegates, members of member boards, and administrators taking part in the virtual annual meeting. Please note the dates and […]

  • Further complicating these discussions are the legal issues around what license is required and which board has authority over the person/licensee. Substance over form carries the day in resolving some of the issues, and regulatory boards are encouraged to exercise their authority when deemed appropriate. Consider the following. The Michigan Department of Licensing and Regulatory […]