(a) In addition to any other acts or conditions provided by law, the director 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 for any one or more of the following acts or conditions on the part of the applicant, licensee, or exempt person:

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Terms Used In Hawaii Revised Statutes 467E-12

  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 467E-1
  • Dependent: A person dependent for support upon another.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 467E-1
  • Exempt government employee: means an employee in a social worker position with any federal, state, or county government agency. See Hawaii Revised Statutes 467E-1
  • 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.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Practice of social work: means applying the formal knowledge base, theoretical concepts, specific functional skills, and essential social values that are used to effect change in human behavior, emotional responses, and social conditions, and helping individuals, couples, families, groups, and community organizations enhance or restore their capacities for personal and social functioning while preventing and controlling social problems. See Hawaii Revised Statutes 467E-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(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 practice as a “licensed bachelor social worker”, “licensed 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 recognized standards of ethics for the social work profession;
(8) Failing to comply, observe, or adhere to any law in a manner such that the director 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 a 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 director any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days of the disciplinary decision;
(12) Employing, utilizing, or attempting to employ or utilize at any time any person not licensed under this chapter who purports to be or engages in practice as a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker;
(13) Engaging in the practice of social work beyond the scope of the person’s license;
(14) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement; or
(15) Violating this chapter or any rules adopted pursuant thereto.
(b) Any licensee who violates this section may also be fined not more than $1,000 per violation.
(c) After a hearing pursuant to chapter 91, any exempt government employee who violates this section may be fined not more than $1,000 per violation.
(d) The department shall have the authority to investigate, prosecute, and conduct administrative hearings regarding exempt government employees.

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