A Quick Guide to Understanding Executive Orders

What Are Executive Orders?  

Executive orders represent one of the most direct expressions of presidential power in American government. These formal directives issued by the president carry the force of law and allow for immediate action on federal policies and programs. Drawing authority from Article II of the Constitution, executive orders serve as management tools for the executive branch. 

The Process and Implementation 

The journey from concept to implementation involves multiple steps. White House staff typically draft the initial order, consulting with relevant agencies and legal experts to ensure its validity. The Department of Justice traditionally reviews each order for legal compliance before it reaches the president’s desk, though an administration may choose to take a different approach. Once signed, the order is published in the Federal Register and federal agencies begin the complex process of implementation, developing new procedures and guidelines as needed. 

Constitutional Boundaries 

Despite their significant power, executive orders operate within clear constitutional boundaries. They must align with existing federal laws and cannot override congressional legislation. Courts can review and strike down orders that exceed presidential authority. Perhaps most notably, future presidents can easily reverse these orders, leading to potential policy shifts with each new administration.  

Historical Significance 

Throughout American history, executive orders have shaped crucial moments of national development and crisis response. Presidents have used them to guide the nation through wars, economic downturns, and public health emergencies. There have also been times when executive orders have been challenged and reversed. 

Modern Applications 

Executive orders have become fundamental tools for addressing issues ranging from cybersecurity threats to environmental protection, from health care access to immigration policy. In an era of frequent congressional gridlock, presidents of both parties have increasingly relied on these directives to advance their policy objectives and respond to national developments. 

Impact on Organizations and Citizens 

Executive orders can create immediate and significant changes across society. Federal agencies must quickly adapt their operations, while businesses and organizations may need to revise practices to ensure compliance. State governments may need to adjust their policies to maintain federal funding or compliance. Health care providers often find themselves adjusting to new requirements or standards. Rapid changes within a system may also present risks and challenges. As such, executive orders have traditionally been used judiciously. 

Looking Forward 

Looking ahead, it is critical that counselors understand the role of executive orders in American governance, as it is likely orders will be used to transform health and education systems, as well as other areas that may impact clients and communities.  

Potential Impacts of Executive Orders for Counselors  

Recent executive orders could signal potential policy changes that may affect counselors, including: 

• changes to telehealth provisions. 

• Medicaid restructuring and insurance reforms. 

• insurance regulations pertaining to mental health.  

• an increase in administrative requirements. 

If these recent orders stand, counselors may find that they need to consider: 

• adjusting their business models to accommodate reduced reimbursements. 

• diversifying payment sources beyond federal programs. 

• implementing new compliance tracking systems. 

• updating informed consent and practice policies. 

• reviewing and updating their practice policies. 

• monitoring state-level implementation of federal directives. 

• contacting their licensure board for guidance and working with state legislators, including their state’s governor, for support. 

• maintaining detailed documentation of medical necessity. 

• diversifying their service delivery methods.  

Staying Informed  

Counselors can monitor executive orders through the following resources: 

• the Federal Register (http://www.federalregister.gov) 

• the White House website (http://www.whitehouse.gov) 

• the National Archives: (http://www.archives.gov/federal-register/executive-orders) 

• NBCC reports and alerts  

NBCC will continue to monitor executive orders and their implications for counselors.