Appointed to a Licensing Board? A New Member Orientation William F. Green, MS, LRC, CRC Assistant Professor, University of Medicine & Dentistry of New Jersey President/Chair, New Jersey Professional Counselor Examiners Committee President-Elect, AASCB

Agenda Introductions Brief History of AASCB Why are Boards Needed? Introduction to Being a Board Member Some Tips Questions

Thanks Veronica Skoranski Occupational Licensing Director Wyoming Mental Health Professions Licensing Board William Pilger Senior Assistant Attorney General Wyoming Attorney General’s Office Roxane L. Dufree, Ph.D, CISM, LMFT, LPC-S-P, NCC Associate Professor, University of New Orleans Past Secretary, AASCB

DISCLAIMER: The following presentation is deliberately generalized and intended for educational purposes only. The presentation includes information which may differ from your state and/or board’s specific investigative and legal authority. Please confer with your state’s executive director and/or assigned prosecuting and advisory attorneys for assistance in addressing specific questions and issues you may have.

Introductions Name State Affiliation/Board First time attendee? Your major concern regarding licensing

American Association of State Counseling Boards (AASCB) Established in 1986 Held first annual conference in 1987 in Charleston, SC, site of this year’s 25 th anniversary event) Mission: Provides a forum for exchange of information among state boards Aids in establishing compatible standards and procedures to simplify licensing process

AASCB Mission continued Represents opinions to other professional and governmental associations Provide assistance in fulfilling statutory, professional, public and ethical obligations Engages in research in matters related to the legal regulation of counseling

Boards are Created for a Purpose Licensing and regulatory boards are created for the express purpose of protecting the public by regulating the profession. Boards and commissions perform this two-fold function by: reviewing applications for licensure to ensure minimal professional competence and fitness for licensure investigating allegations of misconduct on the part of licensees, and if necessary, conducting contested case hearings to determine whether there has been misconduct

Purpose of Board The bottom line for a board or commission, when reviewing a license application, is whether the applicant, if licensed, puts the public at unacceptable risk.

Licensing Boards Wield all 3 Governmental Powers Judicial role - interprets its practice act and rules, convenes contested case hearings, acts as fact finder at those hearings, issues Findings of Fact and Conclusions of Law, and, ultimately, issues final Orders in those hearings.

Other Governmental Powers Legislative role - promulgates rules and regulations for the board, which have the effect of law once properly promulgated. Executive governmental role - determines qualification for licensure and continued licensure, investigates complaints and prosecutes cases involving discipline of licensees, and enforces the practice act and board rules and regulations.

In other words… The legislature makes, the executive executes, and the judiciary explains the law

Introduction to Being a Board Member Congratulations on being recognized by your state as someone who is competent, ethical, and cares about the profession of counseling Know your state’s licensing statute and the rules and regulations Assist in organizing the board for maximum effectiveness (meetings, procedures, performance goals and requirements for members)

Being a Board Member Manage fiscal needs (fee schedule per statute) Establish a public relations program to educate public and licensees about state regulations for the profession, and increasing their knowledge of the complaint process Consistently analyze the impact of your board Identify statutory or regularity changes needed to accomplish your board’s mission; take action

Characteristics of Effective Board Members Strong ethical competence Good communication skills Good team decision-making skills Understand the “democratic” process Willing to devote the time

More Characteristics Works to find alternative solutions Understands the ultimate responsibility…protect the public Respects the vote of the majority Doesn’t allow personal feelings toward others affect decisions

Helpful Tips The board speaks as one All issues should be discussed by the entire board Do not give an opinion for the whole board Avoid any type of discussion about applications, advice, or possible interpretation outside of the board setting “I would love to help, but I am ethically prohibited from discussing board matters outside of the board meeting. Here is the contact information for the board”

More tips Review your state’s parliamentary procedures  Robert’s Rules? Speak up at meetings Review the meeting packet prior to the meeting Expect the unexpected Understand travel reimbursement policies Other tips?

Helpful Resources AASCB Listserv Register: AASCB New Board Members Handbook (sent via after the conference) Robert’s Rules of Order Federation of Associations of Regulatory Boards Council on Licensure, Enforcement and Regulation

Questions?

Thanks for Your Attention… Enjoy the Conference!!!