CHAPTER 106

FORMERLY

SENATE BILL NO. 101

AN ACT TO AMEND TITLE 24 CHAPTER 39 OF THE DELAWARE CODE RELATING TO THE BOARD OF CLINICAL SOCIAL WORK EXAMINERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend subsection (2), §3902, Title 24 of the Delaware Code, by striking said subsection (2) in its entirety and substituting in lieu thereof a new subsection (2) to read as follows:

"(2) 'Clinical social work' shall mean the application of social work theory and methods, which may include the person-in-environment perspective, to the assessment, diagnosis, prevention, and treatment of biopsychosocial dysfunction, disability, and impairment, including mental and emotional disorders, developmental disabilities, and substance abuse. The application of social work method and theory includes, but is not restricted to, assessment (excluding administration of the psychological tests which are reserved exclusively for use by licensed psychologists pursuant to Chapter 35, Title 24, Delaware Code), diagnosis, treatment planning, and psychotherapy with individuals, couples, families and groups, case management, advocacy, crisis intervention, and supervision of, and consultation about, clinical social work practice."

Section 2. Amend subsection (4), §3902, Title 24 of the Delaware Code, by striking said subsection (4) in its entirety, and substituting in lieu thereof the following:

"(4) 'Practitioner' as used in this Chapter shall mean a licensed clinical social worker."

Section 3. Amend §3903, Title 24 of the Delaware Code, by adding at the end of said Section the following sentence:

"Clinical social workers whose sole source of employment or income is through an agency of the State or federal government shall be exempt from licensure under this Chapter."

Section 4. Amend §3909, Title 24 of the Delaware Code, by striking said §3909 in its entirety and substituting in lieu thereof a new §3909 to read as follows:

"§3909. Reciprocity.

An applicant for licensure who is licensed as a clinical social worker in another State shall meet all of the qualifications for licensure under §3907 and §3908 of this title. The applicant shall contact the American Association of State Social Work Boards, or its successor, and obtain and provide to the Board a certified statement as to whether there are any outstanding or ongoing disciplinary actions and/or ethical violations against the applicant or whether the applicant has engaged in any of the acts or offenses that would be grounds for disciplinary action under this Chapter. In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed in this State until the proceeding or complaint has been resolved. Applicants for licensure as licensed clinical social workers in this State shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such information as evidence at any hearing or other proceeding to which the applicant may be subject. Each application for licensure shall be accompanied by payment of the application fee."

Section 5. Amend §3912, Title 24 of the Delaware Code, by adding at the end of said Section the following paragraph:

"If a licensee shall be unable to complete the required continuing education hours during any biennial licensing period, the Board may extend, for good cause shown by the licensee, the time to complete the required number of hours up to one hundred and twenty days after the close of the biennial licensing period. The Board shall set forth by regulation the procedures that shall be applicable to such extensions. Such regulations may provide that each application for an extension be accompanied by an appropriate administrative fee as determined by the Division of Professional Regulation."

Section 6. Amend subsection (a), §3918, Title 24 of the Delaware Code, by striking said subsection (a) in its entirety, and substituting in lieu thereof the following:

"(a) Where the Board has reason to believe that a person is holding himself or herself out to be a clinical social worker within this State without having lawfully obtained a license, or that a person previously licensed under this Chapter is holding himself or herself out to be a clinical social worker, notwithstanding that the person's license has been suspended or revoked, the Board shall submit a written complaint to the Division of Professional Regulation for investigation. If the investigation confirms such unlawful conduct, the Board shall formally warn such person. If the offense continues, the Board shall make a formal complaint to the Attorney General and may issue a cease and desist order. The complaint and/or order shall include all evidence known to, or in possession of, the Board."

Section 7. Amend subsection (c), §3918, Title 24 of the Delaware Code, by striking the first sentence of said subsection (c), and substituting in lieu thereof the following:

"(c) Where a person not currently licensed as a clinical social worker under this Chapter is convicted of violating this Chapter, such offender, upon the first offense, shall be fined not less than $500.00 nor more than $1,000 for each offense, and the offender shall pay all costs."

Approved June 30, 1997