Board of Social Work Examiners

Del. Code tit. 24, ch. 39
in effect

Del. Code tit. 24, § 3901 Objectives of the Board.

The Board of Social Work Examiners’ primary objective, to which all other objectives and purposes are secondary, is to protect the general public, specifically those who are direct recipients of services that this chapter regulates, from unsafe practices and occupational practices which tend to reduce competition or fix the price of services rendered. The Board achieves this objective through the effective control and regulation of the practice of social work and the licensure, control, and regulation of individuals who practice social work within Delaware. The Board’s secondary objectives are to maintain minimum standards of licensee competency and certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competency, monitor complaints brought against licensees, adjudicate at formal complaint hearings, promulgate rules and regulations, and impose sanctions against licensees where necessary.

Del. Code tit. 24, § 3902 Definitions.

As used in this chapter: (1) “Advanced practice” means the specialized professional application of social work theory, knowledge, methods, principles, values, and ethics, and the professional use of self to community and organizational systems, meaning systemic and macrocosm issues, and other indirect, nonclinical services. “Advanced practice” includes activities such as community organization and development; social planning and policy development; administration of social work policies, programs, and activities; outcome evaluation; client education; research; nonclinical supervision of employees; nonclinical consultation; nonclinical assessment and referral; mediation; expert testimony; and advocacy. (2) “Another jurisdiction” means another state of the United States, the District of Columbia, a territory of the United States, or a country outside of the United States or its territories. (3) “Applicant” means an individual seeking licensure under this chapter. (4) “Baccalaureate social work” is the entry level of social work and means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. “Baccalaureate social work” is generalist practice. (5) “Baccalaureate social worker” means an individual licensed to practice baccalaureate social work. (6) “Board” means the Board of Social Work Examiners. (7) “Case management” means a method to plan, provide, evaluate, and monitor services from a variety of resources on behalf of and in collaboration with a client. (8) “Client” means an individual, couple, family, group, organization, or community that seeks or receives social work services from a social worker or an organization whether those services are free or for a fee. (9) “Clinical supervisor” means a licensed clinical social worker who has met the qualifications as determined by the Board. (10) “Consultation” means an advisory professional relationship between a social worker and other professionals, with the social worker ethically maintaining responsibility for all judgments and decisions regarding service to a client. (11) “Conversion therapy” means any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. “Conversion therapy” does not mean any of the following: a. Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition. b. Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual’s sexual orientation or gender identity. c. Counseling that facilitates an individual’s coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual’s sexual orientation or gender identity. (12) “Counseling” means a method, in addition to psychotherapy, advocacy, research, and consultation, used by social workers to assist individuals, couples, families, and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns. (13) “Division” means the Division of Professional Regulation. (14) “Excessive use or abuse of drugs” means the use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician or other professional licensed to prescribe, or the abuse of alcoholic beverages such that it impairs an individual’s ability to perform social work. (15) “Generalist practice” means a professional problem process that includes engagement, assessment, treatment planning, intervention, and evaluation. Methods of generalist practice include case management, information and referral, counseling, consultation, education, advocacy, community organization, research, and the development, implementation, and administrations of policies, programs, or activities. (16) “Good standing” means meeting the standards of § 3907(a) of this title. (17) “Licensed clinical social work” means the specialty within the practice of master’s social work, that requires the application of specialized clinical knowledge and advanced clinical skills of social work theory, knowledge, methods, and ethics, as applied to a clinical, therapeutic relationship 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. “Licensed clinical social work” includes the provision of individual, marital, couple, family and group counseling, and psychotherapy, as they are related to clinical, therapeutic relationship. “Licensed clinical social work” also includes private practice and supervision. “Licensed clinical social work” does not include the administration of psychological tests, which are reserved exclusively for use by licensed psychologists under Chapter 35 of this title. (18) “Licensed clinical social worker” means an individual licensed to practice licensed clinical social work. (19) “Licensee” means an individual licensed under this chapter. (20) “Master’s social work” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. “Master’s social work” is the application of generalist practice, specialized knowledge, and advanced practice skills. (21) “Master’s social worker” means an individual licensed to practice master’s social work. (22) “Person-in-environment perspective” means observing human behavior, development, and function in the context of the environment, social functioning, mental health, physical health, or any combination thereof. (23) “Social work” means baccalaureate social work, master’s social work, and licensed clinical social work, collectively or, if context demands, individually. (24) “Social worker” means baccalaureate social worker, master’s social worker, and licensed clinical social worker, collectively or, if context demands, individually. (25) “Substantially related” means the nature of the criminal conduct for which the individual was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to social work. (26) “Supervision” means the professional relationship between a clinical supervisor and a social worker that provides evaluation and direction over the services that the social worker provides and promotes continued development of the social worker’s knowledge, skills, and abilities to provide social work services in an ethical and competent manner.

Del. Code tit. 24, § 3903 License required.

(a) It is unlawful for an individual who is not licensed under this chapter to do any of the following: (1) Engage in the practice of social work. (2) Hold the individual out to the public in this State as being qualified to practice social work. (3) Use in connection with the individual’s name or otherwise assume or use any title or description conveying or tending to convey the impression that the individual is qualified to practice social work. (b) It is unlawful for an individual to practice social work in this State if the individual’s license to practice social work is expired, suspended, or revoked. (c) Exemptions . (1) This chapter does not apply to an individual who meets any of the following criteria: a. Is licensed in good standing to practice social work in another jurisdiction, provided that the individual has made prior written application to the Board to practice social work in this State and the Board has approved the application. An individual may practice social work, within the scope of practice designated by the individual’s license, in this State under this subsection for no more than 30 days per year. An individual who provides services under this subsection is deemed to have submitted to the Board’s jurisdiction and bound by the laws of this State. b. Is certified or licensed in this State by any other law, and is engaged in and acting within the scope of the profession or occupation for which the individual is certified or licensed. c. Is clergy of any denomination, when engaging in activities that are within the scope of the performance of that individual’s regular or specialized ministerial duties. d. Performs assessments such as basic information collection, gathering of demographic data, and informal observations, screening, and referral to determine a client’s general eligibility for a program or service and a client’s functional status for the purpose of determining need for services unrelated to a behavioral health diagnosis or treatment plan. e. Creates, develops, or implements a service plan unrelated to a behavioral health diagnosis or treatment plan. Service plans may include job training and employability, housing, general public assistance, in-home services and supports or home-delivered meals, de-escalation techniques, peer services, or skill development. f. Participates as a member of a multi-disciplinary team to implement behavioral health services or a treatment plan, provided that all of the following conditions are met: 1. The team includes 1 or more health-care professionals licensed under this title. 2. The activities that each team member performs are consistent with the scope of practice for that member’s license under this title. 3. Individuals exempted under this paragraph (c)(1)f. do not engage in any of the following restricted practices: A. Diagnosis of mental, emotional, behavioral, addictive, and developmental disorders and disabilities. B. Client assessment and evaluation. C. Provision of psychotherapeutic treatment. D. Development and implementation of assessment-based treatment plans. (2) Nothing in this subsection may be construed as requiring a license for any particular activity or function solely because the activity or function is not listed in this subsection. (3) Licensure of social workers employed on June 11, 2019, by a state agency or private or nonprofit agency is voluntary. However, an individual who is newly employed or employed in a new position by a state agency or private or nonprofit agency on or after June 11, 2024, must be licensed under this chapter if the individual provides services as a social worker. Individuals to whom this paragraph applies and who choose to seek licensure must do so under the grandfathering provisions of § 3907B of this title.

Del. Code tit. 24, § 3904 Board of Social Work Examiners — Appointment; composition; qualifications; term of office; suspension or removal; compensation.

(a) The Board of Social Work Examiners (“Board”) consists of 7 members who are appointed by the Governor and meet the following qualifications: (1) a. Four professional members, consisting of 2 licensed clinical social workers and 2 at-large professional members who may be baccalaureate social workers, master’s social workers, or licensed clinical social workers. b. Three public members who are accessible to inquiries, comments, and suggestions from the general public and are not, nor have ever been, any of the following: 1. A social worker or a member of the immediate family of a social worker. 2. Employed by a social work agency. 3. Holder of a material financial interest in the providing of goods and services to social workers. 4. Engaged in an activity directly related to social work. (b) Each member is appointed for a period of 3 years, and may serve 1 additional term. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in Board proceedings until the Governor replaces that member. (c) An individual who has served on the Board for 6 years may not be appointed to the Board again until the expiration of an interim period of at least 3 years since the individual last served. (d) The Governor may suspend or remove a member for misfeasance, nonfeasance, malfeasance, or neglect of duty. (1) A member is deemed in neglect of duty if the member is absent from 3 consecutive Board meetings without good cause or fails to attend at least 50% of all regular Board meetings in a calendar year. (2) A member who is deemed in neglect of duty is considered to have resigned. (3) A member subject to disciplinary proceedings is disqualified from Board business until the charge is adjudicated, or the matter is otherwise concluded. (4) A member may appeal any suspension or removal to the Superior Court. (e) A member while serving on the Board may not be a president, chair, or other elected official of a professional association for social workers other than the Board. (f) The provisions set forth for employees in Chapter 58 of Title 29, apply to all members and agents that the Board appoints or otherwise employs. (g) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9. (h) An act or vote by an individual appointed in violation of this section is invalid. An amendment or revision of this chapter is not sufficient cause for an appointment or attempted appointment in violation of subsection (e) of this section, unless the amendment or revision amends this chapter to permit such an appointment.

Del. Code tit. 24, § 3905 Board of Social Work Examiners — Organization; officers; meetings; quorum.

(a) In the same month of each year, the members shall elect, from among their number, a President, Vice-President, and Secretary. Each officer serves for 1 year, and may serve no more than 2 consecutive years in the same office. (b) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such other times as the President deems necessary, or at the request of a majority of the members. (c) A majority of members constitutes a quorum for the purpose of transacting business. The Board may not take disciplinary action without the affirmative vote of at least 4 members. (d) Minutes of all meetings must be recorded and the Division shall maintain copies of meeting minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared must be made. The expense of preparing any transcript must be incurred by the person requesting it.

Del. Code tit. 24, § 3906 Board of Social Work Examiners — Powers and duties.

(a) The Board may do all of the following: (1) Formulate rules and regulations, with appropriate notice to those affected. Rules and regulations must be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State (Chapter 101 of Title 29). Each rule or regulation must implement or clarify a specific section of this chapter. (2) Designate the application form to be used by all applicants and process all applications. An application form may not require a picture of the applicant; information relating to the applicant’s citizenship, place of birth, or length of state residency; or personal references. (3) Designate, under § 3908(a) of this title, a written national examination, prepared by either a national professional association or recognized legitimate national testing service, approved by the Division, and administered to applicants. The examination must be prepared for testing on a national basis, and not specifically prepared at the Board’s request for its individual use. (4) [Repealed.] (5) Evaluate certified records to determine whether an applicant who has been previously licensed, certified, or registered in another jurisdiction to practice social work has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against the applicant for such acts or offenses. (6) Grant licenses to all applicants who meet the qualifications for licensure or renewal of licenses. (7) Establish by rule and regulation continuing education standards required for license renewal. (8) Refer all complaints from licensees and the public concerning licensees, or concerning practices of the Board or of the profession, to the Division for investigation under § 8735(h) of Title 29 and assign a Board member to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint. A Board member who is assigned to assist the Division under this paragraph may not participate in deliberations on the complaint. (9) [Repealed.] (10) Conduct hearings and issue orders in accordance with procedures established under this chapter, Chapter 101 of Title 29, and § 8735 of Title 29. (11) If the Board determines after a disciplinary hearing that penalties or sanctions should be imposed, designate and impose the appropriate sanction or penalty. (12) Bring proceedings in the courts for the enforcement of this chapter. (13) Perform random post-renewal audits of continuing education credits submitted by licensees for license renewal. (14) Request a copy of supervisory logs from an applicant who has applied for license under this chapter, as established in the rules and regulations. (b) The Board shall promulgate regulations specifically identifying crimes which are substantially related to social work.

Del. Code tit. 24, § 3907 Qualifications of applicants; licensure tiers; report to Attorney General; judicial review.

(a) An applicant who is applying for examination and licensure under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following criteria: (1) [Repealed.] (2) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter. Applicants who have been or who currently are licensed to practice social work in another jurisdiction must provide the Board with a certified statement to this effect from the board or comparable agency of each jurisdiction in which the applicant has ever been licensed to practice social work. Applicants are deemed to have given consent to the release of such information and waived all objections to the admissibility of such evidence. (3) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense. (4) a. Has submitted, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following: 1. A report from the State Bureau of Identification of the applicant’s entire criminal history record in this State or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that individual. 2. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this section and the Board is the screening point for the receipt of the federal criminal history records. b. An applicant may not be licensed as a social worker until the applicant’s criminal history reports have been produced. The State Bureau of Identification may release any subsequent criminal history to the Board. (5) Does not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician, licensed mental health professional, or licensed or certified substance abuse professional that would limit the applicant’s ability to undertake the practice of social work in a manner consistent with the safety of the public. (6) Has or will provide all information required on the application. (7) Has not been convicted of a crime that is substantially related to social work. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by affirmative vote of a majority of the quorum, shall waive this paragraph (a)(7). A waiver may not be granted for a conviction of a felony sexual offense. a.-e. [Repealed.] (8) Has submitted to the Board reports from child and adult abuse registries in Delaware and every state in which the applicant has ever been licensed or employed, or resided as an adult. (b) Licensed clinical social worker . — An applicant who is applying for licensure as a licensed clinical social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements: (1) Meets the criteria under subsection (a) of this section. (2) Has graduated and received a master’s or doctoral degree in social work from a program accredited by the Council on Social Work Education or its successor, or has graduated and received a doctoral degree from a program the Board has approved. (3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title. (4) Subject to § 3907C of this title, has completed 2 years of supervised experience that the Board has approved, under the supervision of a licensed clinical social worker, after receiving a master’s or doctoral degree described in paragraph (b)(2) of this section. If an applicant demonstrates to the Board’s satisfaction and in compliance with the Board’s rules and regulations that a licensed clinical social worker was not available for supervision, the applicant may complete 2 years of supervised experience supervised by a licensed psychologist or licensed psychiatrist, if the supervision meets all other requirements established in the Board’s rules and regulations. (c) Master’s social worker . — An applicant who is applying for licensure as a master’s social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements: (1) Meets the criteria under subsection (a) of this section. (2) Has graduated and received a master’s degree in social work from a program accredited by the Council on Social Work Education or its successor. (3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title. (d) Baccalaureate social worker . — An applicant who is applying for licensure as a baccalaureate social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements: (1) Meets the criteria under subsection (a) of this section. (2) Has graduated and received a baccalaureate degree in social work from a program accredited by the Council on Social Work Education or its successor. (3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title. (e) If the Board finds, to its satisfaction, that an application is fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action. (f) If an applicant believes the Board has denied an applicant without justification, imposed higher or different standards for the applicant than for other applicants or licensees, or in some other manner contributed to or caused the failure of the application, the applicant may, within 30 days of such denial, appeal the Board’s decision to the Superior Court.

Del. Code tit. 24, § 3907A Applicants educated outside of the United States or its territories.

In addition to meeting all other applicable requirements under §§ 3907 and 3909 of this title, an applicant whose application is based on a diploma or degree issued by a social work program outside of the United States or its territories shall furnish evidence satisfactory to the Board that the applicant completed a course of professional instruction equivalent to a program approved by the Council on Social Work Education or its successor. The applicant shall arrange and pay for a credential evaluation of the foreign program, to be completed by an agency that the Board has approved.

Del. Code tit. 24, § 3907B Qualifications of applicant; grandfathering.

(a) Grandfathering period . — (1) The Board shall issue a license to an applicant who meets all the applicable requirements under this section and has submitted a completed, signed application and the applicable fee by June 11, 2021. (2) If the applicant does not provide all of the information that the Board has requested by June 11, 2021, the application for licensure is considered ineligible for grandfathering and is closed. (b) An applicant who applies for licensure as a master’s social worker during the grandfathering period shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets the criteria under § 3907(a) of this title and has at least 1 of the following: (1) At least 10 years of work experience obtained within 12 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained the work experience within the scope of master’s social work. (2) At least 2 years of work experience obtained within the 4 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained the work experience within the scope of master’s social work. An applicant seeking licensure under this subsection must also have graduated and received a master’s degree that meets at least 1 of the following criteria: a. Is a master’s degree in social work from a program accredited by the Council on Social Work Education or its successor. b. Is a master’s degree in human services, social and behavioral sciences, psychology, sociology, or other related degree that the Board accepts, as established by the Board’s rules and regulations, from an accredited college or university. (c) An applicant who applies for licensure as a baccalaureate social worker during the grandfathering period shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets the criteria under § 3907(a) of this title and has at least 1 of the following: (1) At least 3 years of work experience obtained within 5 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained work experience within the scope of baccalaureate social work. (2) At least 1 year of work experience obtained within 2 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained work experience within the scope of baccalaureate social work. The applicant must have also graduated and received a baccalaureate degree that meets at least 1 of the following criteria: a. Is a baccalaureate degree in social work from a program accredited by the Council on Social Work Education or its successor. b. Is a baccalaureate degree from an accredited college or university in human services, social and behavioral sciences, psychology, sociology, or other related degree that the Board accepts, as established by the Board’s rules and regulations.

Del. Code tit. 24, § 3907C Supervision requirements for licensed clinical social worker; grandfathering.

(a) (1) Subject to paragraph (a)(2) of this section, an applicant or licensed clinical social worker who has started or completed supervision by a master’s social worker on or before September 26, 2024, will satisfy the supervision requirement under § 3907(b)(4) of this title if the applicant or licensed clinical social worker is otherwise in compliance with § 3907(b)(4) of this title. (2) An applicant who will not complete the 2-year supervised experience requirement on or before March 25, 2025, must continue any necessary supervision under the supervision of a licensed clinical social worker, licensed psychologist, or licensed psychiatrist, in accordance with § 3907(b)(4) of this title. (b) Notwithstanding the removal of a master’s social worker’s supervision authority under § 3907(b)(4) of this title, a master’s social worker who is supervising an applicant as of September 26, 2024, may continue to supervise the applicant until after March 25, 2025.

Del. Code tit. 24, § 3908 Examination.

(a) The Board shall promulgate regulations to designate each of the following: (1) An examination, as described in § 3906(a)(3) of this title, to be administered to applicants. (2) The maximum number of times an applicant may take the national examination designated under paragraph (a)(1) of this section. (b) In the event the applicant has already taken and passed the national examination designated under paragraph (a)(1) of this section, the Board shall accept the certificate or other evidence of successful completion, and the applicant is not required to take any further state examination.

Del. Code tit. 24, § 3909 Reciprocity.

(a) Upon payment of the required fee and submission and acceptance of a written application on forms that the Board provides, the Board shall grant a license to an applicant who has done all of the following: (1) Presented proof of a current, active license in good standing and with no disciplinary action taken against the applicant in another jurisdiction whose standards the Board has determined are substantially similar to those of this State. (2) Presented proof that, in any other jurisdiction in which the applicant is or was licensed, the applicant’s license is in good standing or the applicant is voluntarily no longer licensed. (3) Successfully passed an examination that the Board designated under § 3906(a)(3) of this title. (4) Provided the Board with a certified statement as to whether any outstanding or ongoing disciplinary actions or ethical violations are against the applicant, or whether the applicant has engaged in any of the acts or offenses that may be grounds for disciplinary action under this chapter. Applicants are deemed to consent to the release of information regarding disciplinary actions or ethical violations and waive all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the applicant may be subject under this chapter. (b) An applicant who has a license in another jurisdiction that has less stringent requirements than those of this State may obtain a license under this section if the applicant can prove to the Board’s satisfaction that the applicant has worked in another jurisdiction in the field for which the applicant is seeking a license in this State for at least 5 years in the 7 years immediately preceding application in this State. The Board may determine whether the requirements of another jurisdiction are less stringent than those of this State.

Del. Code tit. 24, § 3910 Fees.

The amount to be charged for each fee imposed under this chapter must approximate and reasonably reflect all costs necessary to defray the Board’s expenses and proportional expenses that the Division incurs in its services on behalf of the Board. A separate fee must be charged for each service or activity, but no fee may be charged for a purpose not specified in this chapter.

Del. Code tit. 24, § 3911 Issuance of license; renewal; inactive status.

(a) The Board shall issue a license to each applicant who meets the applicable qualifications and pays the fee required under this chapter. (b) (1) Each license must be renewed biennially, in such a manner that the Division determines, and upon payment of the required fee and attestation that the licensee has met the continuing education requirements that the Board established. (2) Each license expires on January 31 of the renewal year. (3) The Division shall set a late fee. If a licensee fails to renew the license in 1 year from the renewal date, the licensee must reapply for licensure. (c) (1) Any licensee, upon written request, may be placed in an inactive status for up to 3 years. (2) The renewal fee of a licensee on inactive status must be prorated in accordance with the amount of time the licensee is on inactive status. (3) The licensee may reactivate the license after meeting all of the following criteria: a. Providing the Board with written notification that the licensee intends to reactivate the license. b. Satisfying all the continuing education requirements. c. Paying the appropriate renewal fee. (4) A licensee who fails to reactivate a license within 3 years of being placed on inactive status must reapply for licensure. (d) [Repealed.]

Del. Code tit. 24, § 3912 Continuing education.

The Board shall promulgate regulations that require licensees to complete continuing education hours for each biennial licensing period.

Del. Code tit. 24, § 3913 Privileged communications.

A social worker may not disclose any information acquired from a person consulting the social worker in a professional capacity except: (1) With the written consent of the person or, in the case of death or disability, the written consent of the person’s personal representative. (2) A social worker is not required to treat as confidential a communication that reveals the planning of any violent crime or act. (3) A social worker who knows or reasonably suspects child abuse or neglect must report to the Division of Family Services of the Department of Services for Children, Youth and Their Families according to § 904 of Title 16. (4) If the person waives the privilege by bringing charges against the licensed social worker.

Del. Code tit. 24, § 3914 Complaints.

(a) The Division shall receive and investigate, in accordance with § 8735 of Title 29, all complaints under this chapter. (b) The Division shall issue a final, written report at the conclusion of its investigation of a complaint under this chapter.

Del. Code tit. 24, § 3915 Grounds for discipline; procedure.

(a) A licensee or former licensee is subject to disciplinary actions established in § 3916 of this title if, after a hearing, the Board finds that the licensee or former licensee has done any of the following: (1) Employed or knowingly cooperated in fraud or material deception in order to be licensed as a social worker, impersonated licensee, allowed another individual to use the licensee’s or former licensee’s license, or aided or abetted an individual not licensed as a social worker to represent the individual as a social worker. (2) Illegally, incompetently, or negligently practiced social work. (3) Engaged within the previous 10 years or currently engages in the excessive use or abuse of drugs. (4) Been convicted of a crime that is substantially related to the practice of social work. (5) Violated a lawful provision of this chapter or any lawful regulation established under this chapter. (6) Exceeded the scope of the licensee’s license, as the scope is defined in this chapter or any lawful regulation established under this chapter. For example, baccalaureate social work may be practiced only under supervision as provided by regulation. And, a master’s social worker must be supervised to provide clinical services as provided by regulation. (7) Had the licensee’s license, certification, or registration as a social worker suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction, if the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record. Every licensee is deemed to have given consent to the social work board or other comparable agency in another jurisdiction to release this information and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses. (8) Failed to notify the Board that the licensee’s license as a social worker in another jurisdiction has been subject to discipline or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation is conclusive evidence of the discipline, surrender, suspension, or revocation. (9) Been convicted of a felony sexual offense. (10) Failed to report child abuse or neglect as required by § 903 of Title 16, or any of its successors; (11) Engaged in conversion therapy with a child; (12) Referred a child to a provider in another jurisdiction to receive conversion therapy. (b) If a licensee fails to comply with the Board’s request that the licensee attend a hearing, the Board may petition the Superior Court to order such attendance, and the Court has jurisdiction to issue such an order. (c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, the Board may not restrict, suspend, or revoke a license, or limit the licensee’s right to practice, until the licensee has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

Del. Code tit. 24, § 3916 Disciplinary sanctions.

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that a licensee has violated any condition or committed any violation set forth in § 3915 of this title: (1) Issue a letter of reprimand. (2) [Repealed.] (3) Place the licensee on probationary status, and require the licensee to do 1 or more of the following: a. Report regularly to the Board upon the matters which are the basis of the probation. b. Limit all practice and professional activities to those areas the Board prescribes. c. Continue or renew the licensee’s professional education until the required degree of skill has been attained in those areas which are the basis of the probation. (4) Suspend the license. (5) Permanently revoke the license. (6) Impose a monetary penalty not to exceed $10,000 for each violation. (b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied. (c) (1) If the Board receives a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety, or welfare, the Board may suspend the licensee’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. (2) The Board may not suspend a license unless the licensee or licensee’s attorney received at least 24 hours’ written or oral notice before the suspension so that the licensee or licensee’s attorney may file a written response to the proposed suspension. (3) The decision as to whether to issue the order of suspension must be decided on the written submissions. (4) An order of suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the licensee requests a continuance of the hearing date. If the licensee requests a continuance, the order of suspension remains in effect until the hearing is convened and the Board renders a decision. A licensee whose license has been suspended under this section may request an expedited hearing. The Board must schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the licensee received notification of the decision to suspend the license. (d) If a license has been suspended due to a disability of the licensee, the Board, at a Board meeting, may reinstate the license if the Board is satisfied that the licensee is able to practice with reasonable skill and safety. (e) As a condition of reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter. (f) The Board shall permanently revoke the license of any licensee who is convicted of a felony sexual offense.

Del. Code tit. 24, § 3917 Hearing procedures.

(a) If a complaint is filed with the Board under § 8735 of Title 29 alleging violation of § 3915 of this title, the Board shall set a time and place to conduct a hearing on the complaint. The Board shall provide notice of the hearing and conduct the hearing in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (b) [Repealed.] (c) A licensee may appeal the Board’s decision to the Superior Court within 30 days of the date that notice of the Board’s decision is mailed. Upon such appeal, the Court shall hear the evidence on the record. The Court may grant a stay in accordance with § 10144 of Title 29.

Del. Code tit. 24, § 3918 Penalties.

(a) It is unlawful for an individual who is not licensed under this chapter to do any of the following: (1) Engage in the practice of social work. (2) Use in connection with that individual’s name or otherwise assume or use any title or description that conveys or tends to convey the impression that the individual is qualified to practice social work. (b) An individual who violates subsection (a) of this section is guilty of a misdemeanor and subject to the following penalties: (1) For the first offense, a fine of not less than $500 nor more than $1,000 for each offense. (2) For each subsequent offense, a fine of not less than $1,000 nor more than $2,000 for each offense. (c) Superior Court has jurisdiction over all violations of this chapter. (d) [Repealed.]

Del. Code tit. 24, § 3919 Duty to report conduct that constitutes grounds for discipline or inability to practice.

(a) A licensee to whom a license to practice has been issued under this chapter has a duty to report to the Division in writing information that the licensee reasonably believes indicates any of the following: (1) That any other licensee, or any other health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other health-care provider’s licensing statute. (2) That any other licensee, or any other health-care provider, may be unable to practice with reasonable skill and safety to the public for any of the following reasons: a. Mental illness or mental incompetence. b. Physical illness, including deterioration through the aging process or loss of motor skill. c. Excessive use or abuse of drugs, including alcohol. (3) That an individual certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to clients for any of the following reasons: a. Mental illness or mental incompetence. b. Physical illness, including deterioration through the aging process or loss of motor skill. c. Excessive use or abuse of drugs, including alcohol. (b) A licensee must file a report required under subsection (a) of this section within 30 days of becoming aware of information listed in paragraphs (a)(1), (2), or (3) of this section. A licensee reporting or testifying in any proceeding as a result of making a report under this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, if the licensee acted in good faith and without gross or wanton negligence. Good faith is presumed until proven otherwise, and the licensee alleging gross or wanton negligence has the burden of proof.

Del. Code tit. 24, § 3920 Telehealth and telemedicine.

(a) Licensed clinical social work may be provided through the use of telemedicine as permitted by regulation, and may include participation in telehealth as further defined in this chapter and by regulation. (b) Notwithstanding any other provision of law, insurers, social workers, and clients may agree to alternative siting arrangements other than the originating site, as they deem appropriate.

Del. Code tit. 24, § 3921 Treatment records; discontinuation of a practice; termination of a client relationship; death of a licensed clinical social worker.

(a) (1) A licensed clinical social worker licensed under this chapter shall provide notice under this section to all affected clients no less than 30 days before doing any of the following: a. Discontinuing a social work practice in this State when the licensee is not transferring client records to another provider in this State. b. Terminating a client relationship. (2) The notice required under paragraph (a)(1) of this section must include all of the following: a. How the client can obtain the client’s records. b. The name, phone number, and address of other providers in the area who may be available to accept new clients who require that care. c. The date the licensed clinical social worker will discontinue services. (3) The notice required under paragraph (a)(1) of this section must be provided by all of the following: a. If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system. b. A letter sent by first-class mail. (4) When a licensed clinical social worker is closing a social work practice and client records will no longer be available at the licensee’s place of business, the licensee shall provide to the Board of Social Work Examiners notice of how former clients may obtain the client’s records. (b) (1) If a licensed clinical social worker dies and has not transferred client records to another provider and has not made provisions for a transfer of client records to occur upon the licensee’s death, a personal representative of the licensee’s estate shall provide notice to the deceased licensee’s clients of record by doing all of the following: a. Publishing a notice to that effect in a newspaper of general circulation in the area where the deceased licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the licensee’s death. b. Providing notice to all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section by all of the following: 1. If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system. 2. A letter sent by first-class mail. (2) The notice required under paragraph (b)(1) of this section must include all of the following: a. That the licensee has died. b. How the client can obtain the client’s records. (3) The personal representative of the person’s estate shall provide the Board of Social Work Examiners notice of how former clients may obtain the client’s records. (c) (1) If a client changes from the care of a licensed clinical social worker to another provider, the licensee shall transfer the client’s records to the new provider upon the request of either the client or the new provider with the client’s written consent. (2) If the client and licensee agree, the licensee may forward a summary of the client’s treatment record to the new provider in lieu of transferring the entire record, at no charge to the client. (d) (1) Clients have the right to obtain a copy of their records from a licensed clinical social worker. (2) Unless a client is requesting a copy of their records under subsection (a) or (b) of this section or to make or complete an application for a disability benefits program, a client who requests a copy of their records is subject to any of the following charges: a. The reasonable expenses of copying the client’s records, according to the payment schedule under paragraph (d)(3) of this section. b. The actual cost of postage or shipping, if the records are mailed or shipped. c. Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction. (3) The Board of Social Work Examiners shall establish a payment schedule for copies of client records under this section and must review this payment schedule annually. (4) The licensed clinical social worker or their third-party release-of-information service may require payment of all costs under paragraph (d)(2) of this section before providing the copies of the records. (e) This section does not apply to a licensed clinical social worker who has seen or treated a client on referral from another provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following: (1) The referring provider. (2) A hospital or an agency that has provided treatment for the client. (f) A licensed clinical social worker has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for client records, unless a faster response is medically necessary. (g) (1) A licensee may permanently dispose of a client’s record in a manner that ensures confidentiality of the records 7 years after the following: a. Discontinuing business in this State. b. The last entry date in the client’s record after terminating the client relationship or the client changes from the care of the licensee to another provider. (2) Seven years after the death of the licensee, the licensee’s personal representative may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records. (3) A licensed clinical social worker or the personal representative of the estate of a licensed clinical social worker who disposes of client records in accordance with this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client’s records. (h) The Board of Social Work Examiners may find that a licensed clinical social worker who violates this section has committed unprofessional conduct, and any aggrieved client or the client’s personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.

Del. Code tit. 24, § 3922 Appointment of a custodian of client records.

(a) If the Board of Social Work Examiners receives a formal or informal complaint concerning access to client records as a result of a licensed clinical social worker’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a social work practice in this State, the Board of Social Work Examiners may temporarily or permanently appoint an individual or entity as custodian of the licensed clinical social worker’s client records after an investigation in accordance with the procedure under § 8735(h) of Title 29. (b) (1) The custodian of client records appointed under this section shall notify the licensed clinical social worker’s clients of record of the custodian’s appointment by doing all of the following: a. Publishing a notice to that effect in a newspaper of general circulation in the area where the licensed clinical social worker practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment and must explain how a client can procure the client’s records. b. Notifying, by first-class mail, all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section that the custodian has been appointed and explaining how the client can procure the client’s records. (2) Seven years after being appointed, the custodian may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records. (c) A custodian of client records appointed under this section who disposes of client records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client’s records.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title24/c039/index.htmlFetched: 10/4/2026