Tag: Counsel’s column
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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.
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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.
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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.
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April 22, 2021Why compacts?
The issues of states’ rights, uniformity of criteria, and mobility and portability related to the regulation of the professions are not new.
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February 25, 2021Up for debate: Is electronic practice speech or conduct?
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.
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December 21, 2020A difficult and important discussion
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 […]
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October 26, 2020Have Internet, will participate
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 […]
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August 28, 2020When is a life coach a counselor?
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 […]
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June 29, 2020Don’t dis the dissent
The COVID-19 pandemic should and will lead to changes in government and regulatory boards. Change can be positive and should be constantly embraced. Now is the time for social work boards to consider changes and to act where it is within their control and where deemed appropriate. ASWB member boards must reflect upon their roles, […]
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April 28, 2020Deconstructing executive orders
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 from the federal government via the president and from individual states via the governor. When executive orders are issued, regulatory boards have the challenging responsibility of determining how to respond […]