Delaware Code Title 24 Sec. 3915 – Grounds for discipline; procedure
(a) A licensee or former licensee is subject to disciplinary actions established in § 3916 of this title if, after a hearing, the Board finds that the licensee or former licensee has done any of the following:
(1) Employed or knowingly cooperated in fraud or material deception in order to be licensed as a social worker, impersonated licensee, allowed another individual to use the licensee’s or former licensee’s license, or aided or abetted an individual not licensed as a social worker to represent the individual as a social worker.
(2) Illegally, incompetently, or negligently practiced social work.
(3) 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 the practice of social work.
(5) Violated a lawful provision of this chapter or any lawful regulation established 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.
(7) Had the licensee’s license, certification, or registration as a social worker suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction, if the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record. Every licensee is deemed to have given consent to the social work board or other comparable agency in another jurisdiction to release this information and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses.
(8) Failed to notify the Board that the licensee’s license as a social worker in another jurisdiction 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 is conclusive evidence of the discipline, surrender, suspension, or revocation.
(9) Been convicted of a felony sexual offense.
(10) Failed to report child abuse or neglect as required by § 903 of Title 16, or any of its successors;
(11) Engaged in conversion therapy with a child;
(12) Referred a child to a provider in another jurisdiction to receive conversion therapy.
Terms Used In Delaware Code Title 24 Sec. 3915
- 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. See Delaware Code Title 24 Sec. 3902
- Board: means the Board of Social Work Examiners. See Delaware Code Title 24 Sec. 3902
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Conversion therapy: means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, as "sexual orientation" and "gender identity" are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. See Delaware Code Title 24 Sec. 3902
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. See Delaware Code Title 24 Sec. 3902
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensee: means an individual licensed under this chapter. See Delaware Code Title 24 Sec. 3902
- Social work: means baccalaureate social work, master's social work, and licensed clinical social work, collectively or, if context demands, individually. See Delaware Code Title 24 Sec. 3902
- Social worker: means baccalaureate social worker, master's social worker, and licensed clinical social worker, collectively or, if context demands, individually. See Delaware Code Title 24 Sec. 3902
- Substantially related: means the nature of the criminal conduct for which the individual was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to social work. See Delaware Code Title 24 Sec. 3902
- 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. See Delaware Code Title 24 Sec. 3902
(b) If a licensee fails to comply with the Board’s request that the licensee attend a hearing, the Board may petition the Superior Court to order such attendance, and the Court has jurisdiction to issue such an order.
(c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, the Board may not restrict, suspend, or revoke a license, or limit the licensee’s right to practice, until the licensee has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
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; 81 Del. Laws, c. 263, § 18;