Title 40, Professions and Occupations

To be licensed as a Baccalaureate Social Worker, an applicant must: (1) have submitted a written application in the form prescribed by the board; (2) be at least twenty-one years of age; (3) be of good moral character; (4) have received a baccalaureate degree in social work from …

To be licensed as a Masters Social Worker, an applicant must: (1) have submitted a written application in the form prescribed by the board; (2) be at least twenty-one years of age; (3) be of good moral character; (4) have received a masters or doctorate degree in social work from…

(A) To be licensed as an Independent Social Worker—Clinical Practice, an applicant must: (1) have submitted a written application in the form prescribed by the board; (2) be at least twenty-one years of age; (3) be of good moral character; (4) have received a masters or doctorate…

(A) If an applicant satisfies all licensure requirements required in this chapter, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privilege…

(A) In order for a social worker currently licensed in another jurisdiction to obtain a license as a social worker in this State, the applicant must: (1) have submitted a written application in the form prescribed by the board; (2) be at least twenty-one years of age; (3) be of g…

(A) A licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and areas of specialization. All social wor…

The Board of Social Work Examiners may promulgate regulations setting forth standards of conduct for persons licensed by the board and may establish regulations pertaining to the practice of impaired licensees.

Nothing in this chapter prevents: (1) members of the clergy and licensed, registered, certified, or qualified professionals including, but not limited to, physicians, elementary or secondary teachers, nurses, psychologists, licensed professional counselors, licensed marriage and …

(A) No individual shall offer social work services or use the designation "Social Worker", "Licensed Baccalaureate Social Worker", "Licensed Masters Social Worker", "Licensed Independent Social Worker—Clinical Practice", "Licensed Independent Social Worker—Advanced Practice", or …

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General …

In addition to other requirements established by law, a person applying for initial licensure as a social worker pursuant to this chapter or participation in the Social Work Interstate Compact set forth in Article 3 must undergo a state criminal records check, supported by finger…

(A) For purposes of this section, "behavioral telehealth" means the practice of Independent Social Work-CP using electronic communications, information technology, or other means between a registrant located outside this State and a client located in this State with or without an…

Board members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45, the section encouraging public and consumer membership on the boards administered by the Department of Labor, L…

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the Board of Social Work Examiners administered by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the p…

(A) In addition to the powers and duties enumerated in Section 40-1-50, the board shall: (1) at the first meeting of the board in each calendar year, elect a president and vice-president from its membership. A majority of the appointed members of the board constitutes a quorum. R…

(A) The purpose of this compact is to facilitate interstate practice of regulated social workers with the goal of improving public access to competent social work services. The compact seeks to preserve the regulatory authority of states to protect public health and safety throug…

(A) As used in this compact, and except as otherwise provided, the following definitions shall apply: (1) "Active Duty Military" means any individual in full-time duty status in the active uniformed service of the United States including members of the National Guard and Reserve.…

(A) To be eligible to participate in the compact, a potential member state must currently meet all of the following criteria: (1) License and regulate clinical, master's, or bachelor's categories of social work practice. (2) Require applicants for licensure to pass a correspondin…

(A) To be eligible for an interstate compact license under the terms and provisions of the compact, a regulated social worker, regardless of category must: (1) hold an active, unencumbered license in the home state; (2) have an active United States social security number, qualify…

(A) If qualified, a regulated social worker may hold an interstate compact license issued by a home state licensing authority, which authorizes the regulated social worker to practice in all member states under a multistate authorization to practice. (B) If an interstate compact …

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home…

(A) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to: (1) take adverse action against a regulated social worker's multistate authorization to practice within that member state, a…

(A) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Social Work Compact Commission. The commission is an instrumentality of the compact states acting jointly …

(A) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and the presence of current significant investigative information on all licensed individuals in memb…

The board may adopt rules governing its proceedings.

(A) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is i…

(A) Oversight: (1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact. (2) Venue is proper and judicial proceedings by or against the commission shall be b…

(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation…

(A) This compact and the commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be …

(A) A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and regulations, including scope of practice, of the remote state where the client is located at the time care is rendered. (B) Nothing herein prevents the en…

In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.

For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.

(A) If the Department of Labor, Licensing and Regulation or the board has reason to believe that a person has violated a provision of this article or a regulation promulgated under this article or that a licensee has become unfit to practice as a social worker or if a person file…

(A) The department shall serve as the agency of licensure for professional soil classifiers and shall administer the provisions of this chapter. (B) The department shall appoint an advisory council of five qualified professional soil classifiers, who must have the qualifications …

Cease and desist orders and equitable relief may be obtained in accordance with Section 40-1-100.

In addition to the grounds provided in Section 40-1-110, the advisory council may cancel, fine, suspend, revoke, or restrict the license or certification to practice soil classifying of a person who is guilty of: (1) the practice of fraud or deceit in obtaining a license or certi…

A person aggrieved by a decision of the advisory council may file an appeal in accordance with the Administrative Procedures Act.

As provided in Section 40-1-130, the department may deny licensure or certification to an applicant based on the same grounds for which the advisory council may take disciplinary action against a licensee or a holder of certification.

A license or certification may be denied based on a person's prior criminal record only as provided in Section 40-1-140.

A licensee or a person holding a certification under investigation for a violation of this chapter or a regulation promulgated pursuant to this chapter may voluntarily surrender the license or certification in accordance with and subject to the provisions of Section 40-1-150.

A person found in violation of this chapter or regulations promulgated pursuant to this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180. No person against whom a cost or fine is levied is eligible for the issuance or reinstatement of a license or cer…

Investigations conducted pursuant to this chapter are confidential and all communications are privileged as provided in Section 40-1-190.

In addition to the definitions provided in Section 40-1-20, as used in this chapter, unless the context or subject matter indicates otherwise: (1) "Department" means the Department of Labor, Licensing and Regulation. (2) "Kind of soil" means a group of natural bodies that has a d…

A person who practices or offers to practice professional soil classifying in this State without being licensed in accordance with the provisions of this chapter or a person, firm, partnership, organization, association, corporation, or other entity using or employing the words "…

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person violating this chapter, a regulation promulgated under this chapter, or an order o…