Revocation, Suspension, Denial, or Condition of Licenses; Fines

(a)In addition to any other acts or conditions provided by law, the Board may refuse to renew, reinstate, or restore; or may deny, revoke, suspend, or condition in any manner any license; or fine any exempt government employee or any one

(1)or more of the following acts or conditions on the part of the applicant, licensee or exempt person:

(1)failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;

(2)being addicted to, dependent on, or being a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature;

(3)engaging in the practice of social work while impaired by alcohol, drugs, or mental instability;

(4)procuring a social work license through fraud, misrepresentation, or deceit;

(5)aiding and abetting an unlicensed person to directly or indirectly use the title “social worker” or engage in the practice as a “Licensed Bachelor Social Worker”, “Licensed Master’s Social Worker” or “Licensed Clinical Social Worker”;

(6)engaging in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of social work;

(7)engaging in conduct or practice contrary to the National Association of Social Worker’s Professional Code of Ethics; CH. 12 MEDICAL PRACTICES - PART II

(8)failing to comply, observe, or adhere to any law in a manner such that the Board deems the applicant or holder to be an unfit or improper person to hold a social work license;

(9)revocation, suspension or other disciplinary action by another state or federal agency against the licensee or applicant for any reason provided by this Section;

(10)having a criminal conviction, whether by nolo contendere or otherwise, of a crime directly related to the qualifications, functions or duties of the social work profession;

(11)failing to report in writing to the Board any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty

(30)days of the disciplinary decision;

(12)employing, utilizing, or attempting to employ or utilize at any time any person not licensed who purports to be or engages in practice as a Social Worker, Licensed Bachelor Social Worker, Licensed Master’s Social Worker, or Licensed Clinical Social Worker;

(13)engaging in the practice of social work beyond the scope of the person’s license; or

(14)violating this Chapter or any rules adopted pursuant thereto.

(b)The Board may determine on a case-by-case basis to give a license to an applicant who has been convicted of a crime; provided the following is met:

(1)the applicant must provide proof that he/she has made efforts to rehabilitate himself/herself and become positive, productive members in the community; and

(2)if one was convicted of a crime ten

(10)or more years before the date of application or the date of license renewal, the Board may automatically administer the license.

(c)Any licensee who violates this Section may also be fined not more than One Thousand Dollars ($1,000) per violation.

(d)The Board shall have the authority to investigate, prosecute, and conduct administrative hearings regarding exempt government employees.

(e)The Board may defer action with regard to an impaired licensee who voluntarily signs an agreement, in a form satisfactory to the Board, agreeing not to practice social work and to enter an approved treatment and monitoring program in accordance with this Section; provided, that this Section shall not apply to a licensee who has been convicted of, pleads guilty to, or enters a plea of nolo contendere to a felonious act or an offense relating to a controlled substance in a court of law of the United States or any other state, territory, or country, or a conviction related to sexual misconduct. A licensee who is physically or mentally impaired due to mental illness or addiction to drugs or alcohol may qualify as an impaired social worker and have disciplinary action deferred and ultimately waived only if the Board is satisfied that such action will not endanger the public and the licensee enters into an agreement with the Board for a treatment and monitoring plan approved by the Board, progresses satisfactorily in such treatment and monitoring program, and complies with all terms of the agreement and all other applicable terms of this Section.

(f)Failure to enter such agreement or to comply with the terms and make satisfactory progress in the treatment and monitoring program shall disqualify the licensee from the provisions of this Section, and the Board may activate an immediate investigation and disciplinary proceeding. Upon completion of the rehabilitation program in accordance with the agreement signed by the Board, the licensee may apply for permission to resume the practice of social work upon such conditions as the Board determines necessary.