Powers and duties of Board.

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A. The State Board of Licensed Social Workers shall be responsible for the control and regulation of the practice of social work in this state and shall conduct its business in accordance with the Administrative Procedures Act. The Board’s authority includes, but is not limited to, the following:

1. The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of social work under the provisions of this act;

2. The renewal of licenses to engage in the practice of social work;

3. The establishment and enforcement of compliance with professional standards of practice and rules of conduct of social workers engaged in the practice of social work;

4. The determination and issuance of standards for recognition and approval of degree programs of schools and colleges of social work whose graduates may be eligible for licensure in this state, and the specification and enforcement of requirements for practical training;

5. The investigation of any activities related to the practice or unauthorized practice of social work. In conducting such investigations, the Board shall have the power to subpoena and to bring before it any person and to take testimony either orally or by deposition, or both, in the same manner as prescribed in civil cases in the courts of this state. Any member of the Board, hearing officer, or administrative law judge shall have power to administer oaths to witnesses at any hearing which the Board is authorized to conduct. Following such investigation, the Board may suspend, revoke or restrict licenses to engage in the practice of social work;

6. With probable cause that an applicant or licensee has engaged in conduct prohibited by this act or a rule promulgated by the Board, the issuance of a request that the applicant or licensee submit to a mental or physical examination or chemical dependency evaluation. If the applicant or licensee refuses to submit to the examination or evaluation, the Board shall issue an order requiring the licensee or applicant to show cause why he or she will not submit to the examination and shall schedule a hearing on the order within thirty (30) days after notice is served on the applicant or licensee by personal service or certified mail. At the hearing, the applicant or licensee and the applicant or licensee’s attorney are entitled to present any testimony to show why the applicant or licensee should not be required to submit to the examination. After a complete hearing, the Board shall issue an order either requiring the applicant or licensee to submit to the examination or withdrawing the request for the examination. The license in question may be suspended until the results of the examination are received and reviewed by the Board;

7. The collection of professional demographic data;

8. The issuance of licenses of all persons engaged in the practice of social work;

9. The inspection of any licensed person, at all reasonable hours, for the purpose of determining if any provisions of the laws governing the practice of social work are being violated. The Board, its officers, inspectors, and representatives shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to the practice of social work;

10. The promulgation of such rules as may be deemed necessary by the Board for the proper administration and enforcement of this act in accordance with the Administrative Procedures Act;

11. The administration of examinations for licensure pursuant to the following:

  • a.any examination for licensure required under this act shall be given by the Board at least two times during each year. The Board shall determine the content and subject matter of each examination and the place, time, and date of administration of the examination, and
  • b.the examination shall be prepared to measure the competence of the applicant to engage in the relevant practice of social work. The Board may employ, cooperate, and contract with any organization or consultant in the preparation, administration and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination;

12. The establishment of such requirements for supervised practice or any other experiential program necessary to qualify an applicant for any licensure examination under this act, including determination of the qualifications of supervisors used in supervision programs;

13. The acquisition of a membership in such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of social work for the protection of the health and welfare of the public or whose activities assist and facilitate the work of the Board;

14. The establishment of a “Bill of Rights” for clients concerning the services a client may expect in regard to social work services; and

15. In addition to the fees specifically provided for in this act, the establishment of fees including, but not limited to, the following:

  • a.issuance of duplicate certificates or identification cards,
  • b.copies of any documents,
  • c.certification of documents, and
  • d.issuance of licenses by reciprocity.

Added by Laws 2003, c. 85, § 6, eff. Nov. 1, 2003.


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