24 DE Code § 3907. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 39. Board of Social Work Examiners|§ 3907. Qualifications of applicants; licensure tiers; report to Attorney General; judicial review.

§ 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evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following criteria:  (1) [Repealed.]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) 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 or any offense which would limit the applicant's ability to carry out the applicant's professional duties with due regard for the health and safety of clients. The Board may, by affirmative vote of a quorum of the Board, waive the requirement of this paragraph if it finds, after a hearing or review of documentation, that the applicant seeking waiver meets, when the applicant's application is filed, all of the following criteria:  a. For waiver of a misdemeanor conviction or violation, the applicant is not incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and is in substantial compliance with all court orders pertaining to fines, restitution, and community service. b. For waiver of a felony conviction, more than 5 years have elapsed since the date of conviction; the applicant is not incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence; and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, and community service. c. The applicant has not been convicted of a felony sexual offense. d. The applicant is capable of practicing social work in a competent and professional manner. e. Granting the waiver will not endanger the public health, safety, or welfare. (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) 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 master's social worker, 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. 63 Del. Laws, c. 462, §  2;  65 Del. Laws, c. 282, §  4;  70 Del. Laws, c. 143, §  1;  77 Del. Laws, c. 224, §  5;  78 Del. Laws, c. 26, §§  1, 2;  79 Del. Laws, c. 277, §  13;  81 Del. Laws, c. 263, § 8;