Delaware General Assembly

(1) “Advanced practice” means the specialized professional application of social work theory, knowledge, methods, principles, values, and ethics, and the professional use of self to community and organizational systems, meaning systemic and macrocosm issues, and other indirect, nonclinical services. “Advanced practice” includes activities such as community organization and development; social planning and policy development; administration of social work policies, programs, and activities; outcome evaluation; client education; research; nonclinical supervision of employees; nonclinical consultation; nonclinical assessment and referral; mediation; expert testimony; and advocacy.

(2) “Another jurisdiction” means another state of the United States, the District of Columbia, a territory of the United States, or a country outside of the United States or its territories.

(3) “Applicant” means an individual seeking licensure under this chapter.

(4) “Baccalaureate social work” is the entry level of social work and means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. “Baccalaureate social work” is generalist practice.

(5) “Baccalaureate social worker” means an individual licensed to practice baccalaureate social work.

(1) (6) "Board" shall mean means the Board of Clinical Social Work Examiners.

(7) “Case management” means a method to plan, provide, evaluate, and monitor services from a variety of resources on behalf of and in collaboration with a client.

(2) "Clinical social work" shall mean the application of social work theory and methods, which may include the person-in-environment perspective, to the assessment, diagnosis, prevention and treatment of biopsychosocial dysfunction, disability and impairment, including mental and emotional disorders, developmental disabilities and substance abuse. The application of social work method and theory includes, but is not restricted to, assessment (excluding administration of the psychological tests which are reserved exclusively for use by licensed psychologists pursuant to Chapter 35 of this title), diagnosis, treatment planning and psychotherapy with individuals, couples, families and groups, case management, advocacy, crisis intervention and supervision of and consultation about clinical social work practice. Such application and services may be provided through the use of telemedicine in a manner deemed appropriate by regulation. Services also may include participation in telehealth as further defined in regulation.

(8) “Client” means an individual, couple, family, group, organization, or community that seeks or receives social work services from a social worker or an organization whether those services are free or for a fee.

(9) “Clinical supervisor” means a licensed clinical social worker who has met the qualifications as determined by the Board.

(10) “Consultation” means an advisory professional relationship between a social worker and other professionals, with the social worker ethically maintaining responsibility for all judgments and decisions regarding service to a client.

(11) “Counseling” means a method, in addition to psychotherapy, advocacy, research, and consultation, used by social workers to assist individuals, couples, families, and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns.

(3) (12) "Distant site" means a site at which a health-care provider legally allowed to practice in the State is located while providing health-care services by means of telemedicine or telehealth.

(13) “Division” means the Division of Professional Regulation.

(14) “Excessive use or abuse of drugs” means the use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician or other professional licensed to prescribe, or the abuse of alcoholic beverages such that it impairs an individual’s ability to perform social work.

(15) “Generalist practice” means a professional problem process that includes engagement, assessment, treatment planning, intervention, and evaluation. Methods of generalist practice include case management, information and referral, counseling, consultation, education, advocacy, community organization, research, and the development, implementation, and administrations of policies, programs, or activities.

(16) “Good standing” means meeting the standards of § 3907(a) of this title.

(4) "Independent practice" means the practice of clinical social work services by a clinical social work practitioner who assumes responsibility for the nature and quality of the services provided to the client in exchange for direct payment or third-party payment.

(17) "Licensed clinical social work" means the specialty within the practice of master’s social work, that requires the application of specialized clinical knowledge and advanced clinical skills of social work theory, knowledge, methods, and ethics, as applied to a clinical, therapeutic relationship which may include the person-in-environment perspective, to the assessment, diagnosis, prevention, and treatment of biopsychosocial dysfunction, disability, and impairment, including mental and emotional disorders, developmental disabilities, and substance abuse. “Licensed clinical social work” includes the provision of individual, marital, couple, family and group counseling, and psychotherapy, as they are related to clinical, therapeutic relationship. “Licensed clinical social work” also includes private practice and supervision. “Licensed clinical social work” does not include the administration of psychological tests, which are reserved exclusively for use by licensed psychologists under Chapter 35 of this title.

(5) (18) "Licensed clinical social worker" shall mean any individual duly licensed under this chapter means an individual licensed to practice licensed clinical social work.

(19) “Licensee” means an individual licensed under this chapter.

(20) “Master’s social work” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. “Master’s social work” is the application of generalist practice, specialized knowledge, and advanced practice skills, and includes supervision.

(21) “Master’s social worker” means an individual licensed to practice master’s social work.

(6) (22) "Originating site" means a site in Delaware at which a patient client is located at the time health-care services are provided to him or her the client by means of telemedicine or telehealth, unless the term is otherwise defined with respect to the provision in which it is used; provided, however, notwithstanding any other provision of law, insurers and providers may agree to alternative siting arrangements deemed appropriate by the parties.

(7) "Practitioner," as used in this chapter, shall mean any individual engaged in the practice of clinical social work.

(23) “Person-in-environment perspective” means observing human behavior, development, and function in the context of the environment, social functioning, mental health, physical health, or any combination thereof.

(24) “Social work” means baccalaureate social work, master’s social work, and licensed clinical social work, collectively or, if context demands, individually.

(25) “Social worker” means baccalaureate social worker, master’s social worker, and licensed clinical social worker, collectively or, if context demands, individually.

(8) (26) "Store and forward transfer" means the transmission of a patient's client’s medical information either to or from an originating site or to or from the provider at the distant site, but does not require the patient client being present nor must it present or the transmission to be in real time.

(9) (27) "Substantially related" means the nature of the criminal conduct, conduct for which the person individual was convicted, convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to clinical social work.

(28) “Supervision” means the professional relationship between a clinical supervisor and a social worker that provides evaluation and direction over the services that the social worker provides and promotes continued development of the social worker’s knowledge, skills, and abilities to provide social work services in an ethical and competent manner.

(10) (29) "Telehealth" means the use of information and communications technologies consisting of telephones, remote patient client monitoring devices devices, or other electronic means which support clinical health care, provider consultation, patient client and professional health-related education, public health, health administration, and other services as described in regulation.

(11) (30) "Telemedicine" means a form of telehealth which is the delivery of clinical health-care services by means of real time 2-way audio, visual, or other telecommunications or electronic communications, including the application of secure video conferencing or store and forward transfer technology to provide or support health-care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, care management management, and self-management of a patient's client’s health care by a licensee practicing within his or her the licensee’s scope of practice as would be practiced in-person with a patient client and with other restrictions as defined in regulation.

(1) Engage in the practice of social work.

(2) Hold the individual out to the public in this State as being qualified to practice social work.

(3) Use in connection with the individual’s name or otherwise assume or use any title or description conveying or tending to convey the impression that the individual is qualified to practice social work.

(1) This chapter does not apply to an individual who meets any of the following criteria:

a. Is licensed in good standing to practice social work in another jurisdiction, provided that the individual has made prior written application to the Board to practice social work in this State and the Board has approved the application. An individual may practice social work, within the scope of practice designated by the individual’s license, in this State under this subsection for no more than 30 days per year. An individual who provides services under this subsection is deemed to have submitted to the Board’s jurisdiction and bound by the laws of this State.

b. Is certified or licensed in this State by any other law, and is engaged in and acting within the scope of the profession or occupation for which the individual is certified or licensed.

c. Is clergy of any denomination, when engaging in activities that are within the scope of the performance of that individual’s regular or specialized ministerial duties.

d. Performs assessments such as basic information collection, gathering of demographic data, and informal observations, screening, and referral to determine a client’s general eligibility for a program or service and a client’s functional status for the purpose of determining need for services unrelated to a behavioral health diagnosis or treatment plan.

e. Creates, develops, or implements a service plan unrelated to a behavioral health diagnosis or treatment plan. Service plans may include job training and employability, housing, general public assistance, in-home services and supports or home-delivered meals, de-escalation techniques, peer services, or skill development.

f. Participates as a member of a multi-disciplinary team to implement behavioral health services or a treatment plan, provided that all of the following conditions are met:

1. The team includes 1 or more health care professionals licensed under Title 24.

2. The activities that each team member performs are consistent with the scope of practice for that member’s license under Title 24.

3. Individuals exempted under paragraph (c)(1)f. of this section do not engage in any of the following restricted practices:

A. Diagnosis of mental, emotional, behavioral, addictive, and developmental disorders and disabilities.

B. Client assessment and evaluation.

C. Provision of psychotherapeutic treatment.

D. Development and implementation of assessment-based treatment plans.

(2) Nothing in this subsection may be construed as requiring a license for any particular activity or function solely because the activity or function is not listed in this subsection.

(3) Licensure of social workers employed on [the date of enactment of this Act] by a state agency or private or non-profit agency is voluntary. However, an individual who is newly-employed or employed in a new position by a state agency or private or non-profit agency 5 years after [the date of enactment of this Act] must be licensed under this chapter if the individual provides services as a social worker. Individuals to whom this paragraph applies and who choose to seek licensure must do so under the grandfathering provisions of § 3907B of this title.

(1)a. Four professional members, who shall be licensed clinical social workers, consisting of 2 licensed clinical social workers and 2 at-large professional members who may be baccalaureate social workers, master’s social workers, or licensed clinical social workers.

b. and 3 Three public members. To serve on the Board, a public member shall not be, nor ever have been, a clinical members who are accessible to inquiries, comments, and suggestions from the general public and are not, nor have ever been, any of the following:

1. A social worker, nor or a member of the immediate family of a clinical social worker; worker.

2. shall not have been employed Employed by a social work agency; agency.

3. shall not have had Holder of a material financial interest in the providing of goods and services to clinical social workers; workers.

4. nor have been engaged Engaged in an activity directly related to clinical social work. Such public members shall be accessible to inquiries, comments and suggestions from the general public.

(1) A member is deemed in neglect of duty if the member is absent from 3 consecutive Board meetings without good cause or fails to attend at least 50% of all regular Board meetings in a calendar year.

(2) A member who is deemed in neglect of duty is considered to have resigned.

(3) A member subject to disciplinary proceedings shall be is disqualified from Board business until the charge is adjudicated, or the matter is otherwise concluded.

(4) A Board member may appeal any suspension or removal to the Superior Court.

(1) Formulate rules and regulations, with appropriate notice to those affected; all rules affected. Rules and regulations shall must be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State [Chapter 101 of Title 29]. Each rule or regulation shall must implement or clarify a specific section of this chapter; chapter.

(2) Designate the application form to be used by all applicants, applicants and to process all applications; applications. An application form may not require a picture of the applicant; information relating to the applicant’s citizenship, place of birth, or length of state residency; or personal references.

(3) Designate, under § 3908(a) of this title, a written national examination, prepared by either the a national professional association or by a recognized legitimate national testing service and service, approved by the Division of Professional Regulation Division, and administered to applicants. The examination shall must be prepared for testing on a national basis, and not specifically prepared at the Board’s request of the Board for its individual use. The national examination shall be taken by persons applying for licensure except applicants who qualify for licensure by reciprocity;

(4) Provide for the administration of all examinations, including notice and information to applicants; [Repealed.]

(5) Evaluate certified records to determine whether an applicant for licensure, who has been previously licensed, certified certified, or registered in another jurisdiction to practice clinical social work, work has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicants the applicant for such acts or offenses; offenses.

(6) Grant licenses to all persons applicants who meet the qualifications for licensure and/or or renewal of licenses; licenses.

(7) Establish by rule and regulation continuing education standards required for license renewal; renewal.

(8) Refer all complaints from licensees and the public concerning practitioners licensees, or concerning practices of the Board or of the profession, to the Division of Professional Regulation for investigation pursuant to under § 8735(h) of Title 29; and, 29 and assign a Board member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint. Such member shall recuse himself or herself from the deliberations on the complaint; A Board member who is assigned to assist the Division under this paragraph may not participate in deliberations on the complaint.

(9) Determine whether or not a practitioner shall be the subject of a disciplinary hearing; and, if so, to conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29]; [Repealed.]

(10) Conduct hearings and issue orders in accordance with procedures established pursuant to under this chapter, Chapter 101 of Title 29, and § 8735 of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern;

(11) Where it has been determined If the Board determines after a disciplinary hearing, hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed; penalty.

(12) Bring proceedings in the courts for the enforcement of this chapter.

(13) Perform random post-renewal audits of continuing education credits submitted by licensees for license renewal.

(14) Request a copy of supervisory logs from an applicant who has applied for license under this chapter, as established in the rules and regulations.

(1) Has received a doctoral or master's degree in clinical social work from a college or university accredited by the Council on Social Work Education. In addition, the applicant shall submit proof satisfactory to the Board that, subsequent to the receipt of a master's degree from an accredited school of social work, the applicant has acquired 2 years of clinical social work experience acceptable to the Board. The clinical social work experience shall consist of not less than 3,200 hours, at least 1,600 hours of which shall have been under professional supervision acceptable to the Board. Acceptable supervision shall mean supervision by a licensed clinical social worker. When such supervision is not available, the applicant may be supervised by a master's level degree social worker, a licensed psychologist, or a licensed psychiatrist. Persons holding degrees from programs outside the United States or its territories must provide evidence of training and degree equivalent to accredited programs. These applicants are responsible for providing the Board with an educational credential evaluation from an agency or institution recognized by the Board for this purpose; [Repealed.]

(2)  Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter; has no disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been, or currently is, licensed to practice clinical social work. chapter. Applicants who have been or who currently are licensed to practice clinical social work in another jurisdiction must provide the Board with a certified statement to this effect from the Board, or from a board or comparable agency of each jurisdiction in which the applicant has ever been licensed to practice clinical social work. Applicants for licensure in this State shall be are deemed to have given consent to the release of such information and to waive waived all objections to the admissibility of such evidence; evidence.

(3)  Has not been convicted of a felony sexual offense; offense.

(4)a. Has submitted, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:

a. 1. A report from the State Bureau of Identification of the applicant's entire criminal history record from the State Bureau of Identification in this State or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person individual.

b. 2. A report of the applicant's entire federal criminal history record pursuant to under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be is the intermediary for purposes of this section and the Board of Clinical Social Worker Examiners shall be is the screening point for the receipt of said the federal criminal history records.

b. An applicant may not be licensed as a clinical social worker until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be certified by the Board unless a waiver is granted pursuant to this chapter. The State Bureau of Identification may release any subsequent criminal history to the Board; Board.

(5) Shall Does not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician, licensed mental health professional, or licensed or certified substance abuse professional that would limit the applicant's ability to undertake the practice of clinical social work in a manner consistent with the safety of the public; and public.

(6) Shall provide such Has or will provide all information as may be required on an the application form furnished by the Board. No application form shall require a picture of the applicant; require information relating to citizenship, place of birth, length of state residency; nor require personal references.

(7) Has not been convicted of a crime that is substantially related to social work or any offense which would limit the applicant’s ability to carry out the applicant’s professional duties with due regard for the health and safety of clients. The Board may, by affirmative vote of a quorum of the Board, waive the requirement of this paragraph if it finds, after a hearing or review of documentation, that the applicant seeking waiver meets, when the applicant’s application is filed, all of the following criteria:

a. For waiver of a misdemeanor conviction or violation, the applicant is not incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and is in substantial compliance with all court orders pertaining to fines, restitution, and community service.

b. For waiver of a felony conviction, more than 5 years have elapsed since the date of conviction; the applicant is not incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence; and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, and community service.

c. The applicant has not been convicted of a felony sexual offense.

d. The applicant is capable of practicing social work in a competent and professional manner.

e. Granting the waiver will not endanger the public health, safety, or welfare.

(8) Has submitted to the Board reports from child and adult abuse registries in Delaware and every state in which the applicant has ever been licensed or employed, or resided as an adult.

(1) Meets the criteria under subsection (a) of this section.

(2) Has graduated and received a master’s or doctoral degree in social work from a program accredited by the Council on Social Work Education or its successor, or has graduated and received a doctoral degree from a program the Board has approved.

(3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

(4) Has completed 2 years of supervised experience that the Board has approved, under the supervision of a licensed clinical social worker, after receiving a master’s or doctoral degree described in paragraph (b)(2) of this section. If an applicant demonstrates to the Board’s satisfaction and in compliance with the Board’s rules and regulations that a licensed clinical social worker was not available for supervision, the applicant may complete 2 years of supervised experience supervised by a master’s social worker, licensed psychologist, or licensed psychiatrist, if the supervision meets all other requirements established in the Board’s rules and regulations.

(1) Meets the criteria under subsection (a) of this section.

(2) Has graduated and received a master’s degree in social work from a program accredited by the Council on Social Work Education or its successor.

(3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

(1) Meets the criteria under subsection (a) of this section.

(2) Has graduated and received a baccalaureate degree in social work from a program accredited by the Council on Social Work Education or its successor.

(3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

(1) The Board shall issue a license to an applicant who meets all the applicable requirements under this section and has submitted a completed, signed application and the applicable fee within 2 years of [the date of enactment of this Act].

(2) If the applicant does not provide all of the information that the Board has requested within 2 years after [the date of enactment of this Act], the application for licensure is considered ineligible for grandfathering and is closed.

(1) At least 10 years of work experience obtained within 12 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained the work experience within the scope of master’s social work.

(2) At least 2 years of work experience obtained within the 4 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained the work experience within the scope of master’s social work. An applicant seeking licensure under this subsection must also have graduated and received a master’s degree that meets at least 1 of the following criteria:

a. Is a master’s degree in social work from a program accredited by the Council on Social Work Education or its successor.

b. Is a master’s degree in human services, social and behavioral sciences, psychology, sociology, or other related degree that the Board accepts, as established by the Board’s rules and regulations, from an accredited college or university.

(1) At least 3 years of work experience obtained within 5 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained work experience within the scope of baccalaureate social work.

(2) At least 1 year of work experience obtained within 2 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained work experience within the scope of baccalaureate social work. The applicant must have also graduated and received a baccalaureate degree that meets at least 1 of the following criteria:

a. Is a baccalaureate degree in social work from a program accredited by the Council on Social Work Education or its successor.

b. Is a baccalaureate degree from an accredited college or university in human services, social and behavioral sciences, psychology, sociology, or other related degree that the Board accepts, as established by the Board’s rules and regulations.

(1) An examination, as described in § 3906(a)(3) of this title, to be administered to applicants.

(2) The maximum number of times an applicant may take the national examination designated under paragraph (a)(1) of this section.

(1) Presented proof of a current, active license in good standing and with no disciplinary action taken against the applicant in another jurisdiction whose standards the Board has determined are substantially similar to those of this State.

(2) Presented proof that, in any other jurisdiction in which the applicant is or was licensed, the applicant’s license is in good standing or the applicant is voluntarily no longer licensed.

(3) Successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

(4) Provided the Board with a certified statement as to whether any outstanding or ongoing disciplinary actions or ethical violations are against the applicant, or whether the applicant has engaged in any of the acts or offenses that may be grounds for disciplinary action under this chapter. Applicants are deemed to consent to the release of information regarding disciplinary actions or ethical violations and waive all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the applicant may be subject under this chapter.

(2) The Each license will expire expires on January 1 January 31 of the renewal year.

(3) The Division A late fee shall be set by the Division of Professional Regulation a late fee. If a practitioner licensee fails to renew the license in 1 year from the renewal date, the practitioner licensee must re-apply reapply for licensure.

(2) The renewal fee of a licensee on inactive status will must be prorated in accordance with the amount of time a person the licensee is on inactive status.

(3) The licensee may re-enter practice reactivate the license after meeting all of the following criteria:

a. Providing the Board with written notification to the Board of the licensee's intent to do so and after that the licensee intends to reactivate the license.

b. satisfying Satisfying all the continuing education requirements and requirements.

c. paying Paying the appropriate renewal fee.

(4) A licensee who fails to reactivate a license within 3 years of being placed on inactive status must reapply for licensure.

(1) With the written consent of such person; or the person or, in the case of death or disability, the written consent of such the person's personal representative; representative.

(2) That a licensed clinical A social worker shall not be is not required to treat as confidential a communication that reveals the planning of any violent crime or act; act.

(3) That any licensed clinical A social worker who knows or reasonably suspects child abuse or neglect shall make a must report to the Division of Child Protective Family Services of the Department of Services for Children, Youth and Their Families according to § 904 of Title 16; 16.

(4) When If the person waives the privilege by bringing charges against the licensed clinical social worker.

(1) Employed or knowingly cooperated in fraud or material deception in order to be licensed as a clinical social worker; has worker, impersonated another person holding a license, licensee, or allowed another person individual to use the practitioner's the licensee’s or former licensee’s license, or aided or abetted a person an individual not licensed as a clinical social worker to represent himself or herself the individual as a clinical social worker; worker.

(2) Illegally, incompetently incompetently, or negligently practiced clinical social work; work.

(3) Excessively used or abused drugs either in the past or currently; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the practitioner's ability to perform the work of a clinical social worker; Engaged within the previous 10 years or currently engages in the excessive use or abuse of drugs.

(4) Been convicted of a crime that is substantially related to clinical the practice of social work. work or any offense which would limit the ability of the practitioner to carry out the practitioner's professional duties with due regard for the health and safety of clients; however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(4), if it finds all of the following:

a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c. The applicant is capable of practicing clinical social work in a competent and professional manner.

d. The granting of the waiver will not endanger the public health, safety or welfare.

e. The applicant has not been convicted of a felony sexual offense;

(5) Violated a lawful provision of this chapter, chapter or any lawful regulation established thereunder; under this chapter.

(6) Exceeded the scope of the licensee’s license, as the scope is defined in this chapter or any lawful regulation established under this chapter. For example, baccalaureate social work may be practiced only under supervision as provided by regulation. And, a master’s social worker must be supervised to provide clinical services as provided by regulation.

(6) Had the practitioner's licensee’s license, certification certification, or registration as a clinical social worker suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that jurisdiction, if the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a clinical social worker in this State shall be licensee is deemed to have given consent to the the social work board or other comparable agency in another jurisdiction to release of this information by the Board of Clinical Social Work Examiners or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses; offenses.

(7) Failed to notify the Board that the practitioner's licensee’s license as a clinical social worker in another state jurisdiction has been subject to discipline, discipline or has been surrendered, suspended suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension suspension, or revocation shall be is conclusive evidence thereof; of the discipline, surrender, suspension, or revocation.

(8) Been convicted of a felony sexual offense; offense.

(9) Failed to report child abuse or neglect as required by § 903 of Title 16, or any successor thereto; any of its successors.

(10) Failed to report to the Division of Professional Regulation as required by § 3919 of this title.

(1) Issue a letter of reprimand; reprimand.

(2) Censure a practitioner; [Repealed.]

(3) Place a practitioner the licensee on probationary status, and require the practitioner licensee to do one or more of the following:

a. Report regularly to the Board upon the matters which are the basis of the probation; probation.

b. Limit all practice and professional activities to those areas prescribed by the Board; and/or the Board prescribes.

c. Continue or renew the practitioner's licensee’s professional education until the required degree of skill has been attained in those areas which are the basis of the probation; probation.

(4) Suspend any practitioner's license; the license.

(5) Revoke a practitioner's license Permanently revoke the license.

(6) Impose a monetary penalty not to exceed $10,000 for each violation.

(2) An order The Board may not temporarily suspending suspend a license may not be issued unless the person licensee or the person's licensee’s attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person licensee or the person's licensee’s attorney may file a written response to the proposed suspension.

(3) The decision as to whether to issue the temporary order of suspension will must be decided on the written submissions.

(4) An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person licensee requests a continuance of the hearing date. If the temporarily suspended person licensee requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and the Board renders a decision is rendered by the Board. A person licensee whose license has been temporarily suspended pursuant to under this section may request an expedited hearing. The Board shall must schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person licensee received notification of the decision to temporarily suspend the person's license.

(1) Engage in the practice of social work.

(2) Use in connection with that individual’s name or otherwise assume or use any title or description that conveys or tends to convey the impression that the individual is qualified to practice social work.

(1) For the first offense, a fine of not less than $500 nor more than $1,000 for each offense.

(2) For each subsequent offense, a fine of not less than $1,000 nor more than $2,000 for each offense.

(1) Justices of the peace in the county in which the offense is alleged to have occurred shall have jurisdiction over any violation of this chapter.

(2) Any person convicted of any such offense before a justice of the peace or in any court of competent jurisdiction, other than the Superior Court, may appeal to the Superior Court in the county in which the conviction was had upon giving bond in the sum of $200 to this State with surety satisfactory to such justice or trial court; provided, however, that the appeal is taken and bond given within 7 days from the time of the conviction.

(2) (b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that That any other practitioner licensed under this chapter licensee or any other healthcare provider may be unable to practice with reasonable skill and safety to the public by reason of for any of the following reasons:

mental a. Mental illness or mental incompetence; incompetence.

physical b. Physical illness, including deterioration through the aging process or loss of motor skill; skill.

or excessive c. Excessive use or abuse of drugs, including alcohol.

(3) (c) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person That an individual certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of clients for any of the following reasons:

mental a. Mental illness or mental incompetence; incompetence.

physical b. Physical illness, including deterioration through the aging process or loss of motor skill; skill.

or excessive c. Excessive use or abuse of drugs, including alcohol.

Approved June 11, 2018