§ 90B-11. Disciplinary procedures.
§90B‑11. Disciplinary procedures.
(a) The Board may, inaccordance with the provisions of Chapter 150B of the General Statutes, deny,suspend, or revoke an application, certificate, or license on any of thefollowing grounds:
(1) Conviction of amisdemeanor or the entering of a plea of guilty or nolo contendere to amisdemeanor under this Chapter.
(2) Conviction of afelony or the entering of a plea of guilty or nolo contendere to a felony underthe laws of the United States or of any state of the United States.
(3) Gross unprofessionalconduct, dishonest practice or incompetence in the practice of social work.
(4) Procuring orattempting to procure a certificate or license by fraud, deceit, ormisrepresentation.
(5) Any fraudulent ordishonest conduct in social work.
(6) Inability of theperson to perform the functions for which he or she is certified or licensed,or substantial impairment of abilities by reason of physical or mentaldisability.
(7) Violations of any ofthe provisions of this Chapter or of rules of the Board.
(b) Upon proof that anapplicant, certificate holder, or licensee under this Chapter has engaged inany of the prohibited actions specified in subsection (a) of this section, theBoard may, in lieu of denial, suspension, or revocation, take one or more ofthe following actions:
(1) Issue a reprimand orcensure.
(2) Order probation withconditions deemed appropriate by the Board.
(3) Require examination,remediation, or rehabilitation, including care, counseling, or treatment by aprofessional designated or approved by the Board, the cost of which shall beborne by the applicant, certificate holder, or licensee.
(4) Require supervisionfor the services provided by the applicant, certificate holder, or licensee bya certified or licensed social worker designated and approved by the Board, thecost of which shall be borne by the applicant, certificate holder, or licensee.
(5) Limit orcircumscribe the practice of social work provided by the applicant, certificateholder, or licensee with respect to the extent, nature, or location of theservices provided.
(c) The Board mayimpose conditions of probation or restrictions upon continued practice at theconclusion of a period of suspension or as a requirement for the restoration ofa revoked or suspended certificate or license. Instead of or in connection withany disciplinary proceeding or investigation, the Board may enter into aconsent order with an applicant, certificate holder, or licensee relative to adiscipline, supervision, probation, remediation, rehabilitation, or practicelimitation.
(d) In consideringwhether an applicant, certificate holder, or licensee is mentally or physicallycapable of practicing social work with reasonable skill and safety, the Boardmay require an applicant, certificate holder, or licensee to submit to a mentalexamination by a licensed clinical social worker or other licensed mentalhealth professional designated by the Board and to a physical examination by aphysician or other licensed health professional designated by the Board. Theexamination may be ordered by the Board before or after charges are presentedagainst the applicant, certificate holder, or licensee and the results of theexamination shall be reported directly to the Board and shall be admissible inevidence in a hearing before the Board.
(e) The Board shallprovide the opportunity for a hearing under Article 3A of Chapter 150B of theGeneral Statutes to: (i) any person whose certification or licensure was deniedor granted subject to restrictions, probation, disciplinary action,remediation, or other conditions or limitations; and (ii) any certificateholder or licensee before revoking or suspending his or her certificate orlicense or restricting his or her practice or imposing any other disciplinaryaction or remediation. If the applicant, certificate holder, or licensee waivesthe opportunity for a hearing, the Board's denial, revocation, suspension, orother action shall be final. No applicant, certificate holder, or licenseeshall be entitled to a hearing for failure to pass a qualifying examination.
(f) In any proceedingbefore the Board, complaint or notice of charges against any applicant,certificate holder, or licensee, and any decision rendered by the Board, theBoard may withhold from public disclosure the identity of any client who hasnot consented to the public disclosure of social work services provided to himor her by the applicant, certificate holder, or licensee. If necessary for theprotection and rights of a client and the full presentation of relevantevidence, the Board may close a hearing to the public and receive evidenceinvolving or concerning the delivery of social work services.
(g) Records, papers,and other documents containing information collected and compiled by or onbehalf of the Board as a result of an investigation, inquiry, or interviewconducted in connection with certification, licensure, or a disciplinary mattershall not be considered public records within the meaning of Chapter 132 of theGeneral Statutes. Any notice or statement of charges, notice of hearing, ordecision rendered in connection with a hearing, shall be a public record.Information that identifies a client who has not consented to the publicdisclosure of services rendered to him or her by a person certified or licensedunder this Chapter shall be deleted from the public record. All other records,papers, and documents containing information collected and compiled by or onbehalf of the Board shall be public records, but any information that identifiesa client who has not consented to the public disclosure of services rendered tohim or her shall be deleted. (1983, c. 495, s. 1; 1987, c.827, s. 1; 1999‑313, s. 1.)