(A) The board may revoke, suspend, publicly reprimand, or otherwise restrict the practice or discipline a licensee when it is established that the licensee is guilty of misconduct as defined in this chapter.
(B) Misconduct, which constitutes grounds for revocation, suspension, or restriction of practice or limitation on, reprimand, or other discipline of a licensee is a satisfactory showing to the board that:
(1) a false, fraudulent, or forged statement or document has been used or a fraudulent, deceitful, or dishonest act has been practiced by the licensee in connection with a license requirement;
(2) the licensee has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction;
(3) the licensee violated a regulation, directive, or order of the board;
(4) the licensee has knowingly performed an act which in any way assists a person to practice social work illegally;
(5) the licensee has caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a social worker;
(6) the licensee practiced social work while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice;
(7) the licensee uses alcohol or drugs to such a degree as to adversely affect the licensee's ability to practice social work;
(8) the licensee has sustained any physical or mental impairment or disability which renders further practice by the licensee dangerous to the public;
(9) the licensee has violated the principles of professional ethics or standards of conduct as adopted by the board and promulgated in regulations;
(10) the licensee is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(11) the licensee is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of social work;
(12) the licensee has been found by the board to lack the professional competence to practice social work;
(13) the licensee has engaged in sexual contact with a current client or with a former client during a period of three years after the termination of the therapeutic relationship;
(14) the licensee has compromised the validity or security of licensure examinations required or recognized by the board;
(15) the licensee has engaged in unprofessional conduct as determined by the board.
(C) In addition to all other remedies and actions incorporated in this chapter, the license of a social worker adjudged mentally incompetent by a court of competent jurisdiction is automatically suspended by the board until the licensee is adjudged competent by a court of competent jurisdiction.
HISTORY: 2002 Act No. 189, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1600.8; 1988 Act No. 568, Section 1; 1990 Act No. 452, Section 3.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-63-5. Application of chapter; conflict of laws.
Section 40-63-10. State Board of Social Work Examiners; membership; oath; expense reimbursements.
Section 40-63-20. Definitions.
Section 40-63-35. Out-of-state social workers authorized.
Section 40-63-40. General public board members; nominations; appointments.
Section 40-63-50. Powers and duties of board.
Section 40-63-60. Adoption of rules governing board proceedings.
Section 40-63-70. Board promulgation of regulations.
Section 40-63-80. Power to subpoena witnesses, take evidence, and require production of documents.
Section 40-63-100. Equitable relief; cease and desist order; temporary restraining order.
Section 40-63-110. Grounds for disciplinary action; misconduct; mental incompetence.
Section 40-63-120. Revocation or suspension of license; fines.
Section 40-63-130. Licensure denial; grounds.
Section 40-63-140. Prior criminal record.
Section 40-63-150. Voluntary surrender of license.
Section 40-63-170. Costs of investigation and prosecution.
Section 40-63-180. Costs and fines; collection and enforcement.
Section 40-63-190. Disclosure of client information.
Section 40-63-200. Unauthorized practice; penalty.
Section 40-63-210. Civil penalties; injunctive relief.
Section 40-63-220. Licensure requirements; Baccalaureate Social Worker.
Section 40-63-230. Licensure requirements; Masters Social Worker.
Section 40-63-240. Licensure requirements; Independent Social Worker-Clinical Practice.
Section 40-63-250. Issuance of license; display; indication of title on documents; renewal; lapse.
Section 40-63-290. Persons exempt from licensure requirement.