Tag: Counsel’s column
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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,
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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.
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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.
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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
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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 […]