2018 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 39. BOARD OF CLINICAL SOCIAL WORK EXAMINERS [EFFECTIVE UNTIL JUNE 11, 2019]
§ 3915. Grounds for discipline; procedure [Effective until June 11, 2019].

(a) Practitioners regulated under this chapter shall be subject to those disciplinary actions set forth in § 3916 of this title if, after a hearing, the Board finds that the practitioner has:

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

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

(4) Been convicted of a crime that is substantially related to clinical social 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, or any lawful regulation established thereunder;

(6) Had the practitioner's license, 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 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 deemed to have given consent to the 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;

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

(8) Been convicted of a felony sexual offense;

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

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

(11) Engaged in conversion therapy with a child;

(12) Referred a child to a provider in another jurisdiction to receive conversion therapy.

(b) Where a practitioner fails to comply with the Board's request that the practitioner attend a hearing, the Board may petition the Superior Court to order such attendance, and the said Court or any judge assigned thereto shall have jurisdiction to issue such order.

(c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner's right to practice shall be limited by the Board, until such practitioner has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act.

63 Del. Laws, c. 462, § 2; 70 Del. Laws, c. 143, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 90; 75 Del. Laws, c. 436, § 45; 77 Del. Laws, c. 199, § 33; 78 Del. Laws, c. 26, §§ 3-6; 78 Del. Laws, c. 44, §§ 64, 65; 81 Del. Laws, c. 340, § 12.