August 2, 2017

PUBLIC COMMENT

By: Joseph G. Lynch LCSW

Virginia Society for Clinical Social Work

Definition of “clinical social work services” to include “psychosocial interventions.”                      

            On the Virginia Regulatory Town Hall website there is a section titled “General legal principles” (provided by the Office of the Attorney General).  This section includes a subsection “How to make a regulation enforceable” Some of the highlights are:

• First and foremost, a regulation must be supported by statutory authority. Express authority is preferred, but implied authority is sufficient provided it can be fairly implied from the language used in the basic law or it is necessary to enable the agency to exercise the powers that are expressly granted.
• A properly promulgated and adopted regulation is entitled to a presumption of validity in a judicial proceeding. See § 2.2-4027 of the Code of Virginia. That is the goal.
• Relate the regulation clearly to its statutory authority. The regulation must be understandable to:

 (1) The regulated community

(2)  Lawyers who may end up challenging or defending it, and

(3) A court which may hear that challenge. 
 (https://townhall.virginia.gov/um/legalbasis.cfm)           

            Chapter 37 of Title 54.1 of the Code of Virginia Social Work, § 54.1-3700 Definitions: Practice of Social Work the term “psychosocial treatment” appears (See below). 

"Practice of social work" means rendering or offering to render to individuals, families, groups, organizations, governmental units, or the general public service which is guided by special knowledge of social resources, social systems, human capabilities, and the part conscious and unconscious motivation play in determining behavior. Any person regularly employed by a licensed hospital or nursing home who offers or renders such services in connection with his employment in accordance with patient care policies or plans for social services adopted pursuant to applicable regulations when such services do not include group, marital or family therapy, psychosocial treatment or other measures to modify human behavior involving child abuse, newborn intensive care, emotional disorders or similar issues, shall not be deemed to be engaged in the "practice of social work." Subject to the foregoing, the disciplined application of social work values, principles and methods includes, but is not restricted to, casework management and supportive services, casework, group work, planning and community organization, administration, consultation and education, and research.

            The VSCSW believes that this sentence with “psychosocial treatment” is delineating several items that are the “Practice of Social Work” including “psychosocial treatment” as one of the items.  The VBSW proposed to use the term “psychosocial interventions” in the definition of “Clinical Social Work Services.”   The VSCSW advocates for the VBSW to use the term “psychosocial treatment” in the definition of “Clinical Social Work Services” instead of “psychosocial interventions.” This change is justified in that it meets the General legal principles” provided by the Office of the Attorney General (referred to above) in that it is:

• More clearly supported by express statutory authority.
• More clearly meets the goal of a presumption of validity in a judicial proceeding.
• More clearly relates the regulation to its statutory authority.
• More clearly makes the regulation understandable to:

 (1) The regulated community

(2)  Lawyers who may end up challenging or defending it, and

(3) A court which may hear that challenge. 

• A more defensible position for the VBSW.
• Less confusion to the public by using language that is precisely consistent with the language of the current Code of Virginia instead of introducing a new term that is similar to the term in the Code of Virginia but not precisely the same term.

The VSCSW views this as an opportunity for the VBSW to develop strong regulatory language as it makes changes in the definition of “Clinical Social Work Services.”

                                                Submitted by:

                                                Joseph G. Lynch LCSW

                                                Legislative Vice President VSCSW