May 2, 2022
INTRODUCTION:
Most social workers are not really excited about legal stuff like going to court to testify or hearing about the elements of malpractice. I used to go over to James Madison University for the BSW program and give a lecture on malpractice. The instructor introduced me one time this way: “We use to call this the malpractice lecture, but we renamed it the Ex-lax lecture because Joe comes over here and scares the *%$&^ out of you”
I am not trying to scare anyone. I just believe that providing folks with some accurate information is one way to help reduce anxiety. So, what follows may be a bit legalistic and dry, but my intent is to be helpful.
It is important for the supervisee to understand that making the decision to enter the process to attain the LCSW license involves a voluntary decision on your part to participate in a legal process governed by the Constitution of the United States and the Constitution of the Commonwealth of Virginia. The Code of Virginia explicitly states that
:
The right of every person to engage in any lawful profession, trade, or occupation of his choice is clearly protected by both the Constitution of the United States and the Constitution of the Commonwealth of Virginia. The Commonwealth cannot abridge such rights except as a reasonable exercise of its police powers when(i) it is clearly found that such abridgment is necessary for the protection or preservation of the health, safety, and welfare of the public and
(ii) any such abridgment is no greater than necessary to protect or preserve the public health, safety, and welfare. § 54.1-100. Regulations of professions and occupations.
https://law.lis.virginia.gov/vacode/title54.1/chapter37/
Not all professions, trades or occupations are regulated by the Commonwealth of Virginia at the same level of regulation. There are three levels of regulation:
Registration. Registration requires only that an individual file his name, location, and possibly background information with the State. No entry standard is typically established for a registration program.
Statutory Certification. Certification by the state is also known as "title protection." No scope of practice is reserved to a particular group, but only those individuals who meet certification standards (defined in terms of education and minimum competencies which can be measured) may title or call themselves by the protected title.
Licensure. Licensure confers a monopoly upon a specific profession whose practice is well defined. It is the most restrictive level of occupational regulation. It generally involves the delineation in statute of a scope of practice which is reserved to a select group based upon their possession of unique, identifiable, minimal competencies for safe practice. In this sense, state licensure typically endows a particular occupation or profession with a monopoly in a specified scope of practice.
“Policies and Procedures for the Evaluation of the Need to Regulate Health Occupations and Professions.”1998 https://www.dhp.virginia.gov/bhp/guidelines/75-2.doc
After the Virginia General Assembly passes a bill and the Governor of Virginia signs the bill into law then “Regulations” must be developed for the implementation of the new Law. The Virginia Board of Social Work (VBSW) has 9 members who are appointed by the Governor. The VBSW is assigned the task of developing the Regulations to implement the Social Work Law. Developing regulations is a dynamic ongoing process. Over time the Regulations need to be updated, revised, and expanded.
The MSW receiving supervision toward acquiring the LCSW license needs to become very familiar with the Laws and the VBSW Regulations governing Social Work in Virginia. Each regulation developed by the VBSW must tie back into some part of the Social Work law. Therefore, Virginia Regulations “…carry the weight of law…”. If a regulation says the word “shall” then it is a mandatory requirement that you do what it tells you to do. If you violate a regulation, then you have violated a law.
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