Tag: Counsel’s column

  • 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 […]

  • The ASWB examination program is such an example. Use of the exams to assess applicants’ entry-level competence increases regulatory boards’ efficiencies and effectiveness. In addition, a defensible examination program promotes uniformity across jurisdictions. Another justification for regulatory board delegation regarding the examination program is the composition of ASWB. Uniquely, ASWB is a not-for-profit membership organization […]

  • Determining moral character encompasses much more than ascertaining criminal history and may include inquiries related to licensure in other professions, financial activities (bankruptcy), prior applications for licensure, educational activities, employment activities, and civil complaints and judgments. This article, however, focuses on the criminal history aspect of moral character—specifically, the use of criminal convictions when assessing […]

  • The Association of Social Work Boards is a not-for-profit organization whose membership is composed of government boards that regulate the profession of social work. ASWB delegates from the member boards are empowered with decision-making related to elections, resolution processes, business and educational programming, and setting the general direction of the organization through committee participation and […]

  • 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. Licensure qualifications are set in law and enforced by the board. Qualifications for licensure eligibility include components related to education, experience, examination(s), and personal history/moral character. In the interest of consumer […]

  • As part of this delegated statutory authority, social work boards should be delegated with the right to summarily suspend a license under certain circumstances. Summary suspension basically involves an immediate action by the board before a hearing. As an adverse action is being taken against a license without a hearing, summary/emergency suspensions are an extraordinary […]

  • Politicians, regulators, licensees, and consumers should be asking why government is involved in regulation. It is suggested that very few reflect on government regulation, especially consumers. Thus, political reaction to and modifications of government regulation are generally based on information generated by special interest groups. It is time to embrace regulatory reform and expand the […]