Okla. Stat. tit. 59, § 59-1266.1

reprimand, restrict or limit license – Fines - Judicial review –

Definitions.

A. The State Board of Licensed Social Workers may refuse to

issue or renew the license of, or may suspend, revoke, censure,

reprimand, restrict or limit the license of, or fine, any person

pursuant to the Administrative Procedures Act or the procedures set

forth in the Social Worker's Licensing Act upon one or more of the

following grounds as determined by the Board:

1. Unprofessional conduct as determined by the Board;

2. Practicing outside the scope of practice authorized by the

Social Worker's Licensing Act;

3. Conduct which violates any of the provisions of the Social

Worker's Licensing Act or rules adopted pursuant to the Social

Worker's Licensing Act;

4. Incapacity or impairment that prevents a licensee from

engaging in the practice of social work with reasonable skill,

competence, and safety to the public;

5. Conviction of or a plea of guilty or nolo contendere to a

felony crime that substantially relates to the occupation of a

social worker and poses a reasonable threat to public safety;

6. Violations of the laws of this state, or rules pertaining

thereto, or of laws, rules and regulations of any other state, or of

the federal government pertaining to any aspect of the practice of

social work;

7. Misrepresentation of a material fact by an applicant or

licensee in securing or attempting to secure the issuance or renewal

of a license, or in statements regarding the applicant or licensee's

skills or the efficiency or value of any treatment provided or to be

provided, or using any false, fraudulent, or deceptive statement

connected with the practice or social work including, but not

limited to, false or misleading advertising;

8. Fraud by a licensee in connection with the practice of

social work including engaging in improper or fraudulent billing

practices or violating Medicare and Medicaid laws or state medical

assistance laws;

9. Engaging or aiding and abetting an individual to engage in

the practice of social work without a license, or falsely using the

title of social worker;

10. Failing to comply with any stipulation or agreement

involving probation or settlement of any disciplinary matter with

the Board or with any order entered by the Board;

Oklahoma Statutes - Title 59. Professions and Occupations Page 976

11. Being found by the Board to be in violation of any of the

provisions of the Social Worker's Licensing Act or rules adopted

pursuant to the Social Worker's Licensing Act;

12. Conduct which violates the security of any licensure

examination materials;

13. Being the subject of the revocation, suspension, surrender

or other disciplinary sanction of a social worker or related license

or of other adverse action related to a social worker or related

license issued by this state, in another jurisdiction or country

including the failure to report such adverse action to the Board; or

14. Being adjudicated by a court of competent jurisdiction,

within or without this state, as incapacitated, mentally

incompetent, chemically dependent, mentally ill and dangerous to the

public, or a psychopathic personality.

B. 1. The Board may defer action with regard to an impaired

licensee who voluntarily signs an agreement, in a form satisfactory

to the Board, agreeing not to practice social work and to enter an

approved treatment and monitoring program in accordance with this

section; provided, however, that this section shall not apply to a

licensee who has been convicted of, pleads guilty to, or enters a

plea of nolo contendere to a felonious act prohibited by Oklahoma

law or a conviction relating to a controlled substance in a court of

law of the United States or any other jurisdiction or a conviction

related to sexual misconduct.

2. A licensee who is physically or mentally impaired due to

mental illness or addiction to drugs or alcohol may qualify as an
ed of, pleads guilty to, or enters a

plea of nolo contendere to a felonious act prohibited by Oklahoma

law or a conviction relating to a controlled substance in a court of

law of the United States or any other jurisdiction or a conviction

related to sexual misconduct.

2. A licensee who is physically or mentally impaired due to

mental illness or addiction to drugs or alcohol may qualify as an

impaired social worker and have disciplinary action deferred and

ultimately waived subject to the following conditions:

a. the Board is satisfied that such action will not

endanger the public,

b. the licensee enters into an agreement with the Board

for a treatment and monitoring plan approved by the

Board,

c. the licensee progresses satisfactorily in such

treatment and monitoring program, and

d. the licensee complies with all terms of the agreement

and all other applicable terms of this section.

3. Failure to enter such agreement or to comply with the terms

and make satisfactory progress in the treatment and monitoring

program shall disqualify the licensee from the provisions of this

section and the Board may activate an immediate investigation and

disciplinary proceeding. Upon completion of the rehabilitation

program in accordance with the agreement signed by the Board, the

licensee may apply for permission to resume the practice of social

work upon such conditions as the Board determines necessary.

Oklahoma Statutes - Title 59. Professions and Occupations Page 977

4. The Board may require a licensee to enter into an agreement,

pursuant to this subsection, which includes, but is not limited to,

the following provisions:

a. the licensee agrees that the license shall be

suspended or revoked indefinitely under this section,

b. the licensee agrees to enroll in a treatment and

monitoring program approved by the Board,

c. the licensee agrees that failure to satisfactorily

progress in such treatment and monitoring program

shall be reported to the Board by the treating

professional who shall be immune from any liability

for such reporting made in good faith, and

d. the licensee consents to the reports of the treating

physician or professional of the approved treatment

and monitoring program to the Board on the progress of

licensee at such intervals as the Board deems

necessary.

5. The ability of an impaired social worker to practice shall

only be restored and charges dismissed when the Board is satisfied

by the reports it has received from the approved treatment program

that the licensee can resume practice without danger to the public.

6. The impaired licensee shall consent, in accordance with

applicable law, to the release of any treatment information to the

Board from anyone within the approved treatment program.

7. The impaired licensee who has enrolled in an approved

treatment and monitoring program and entered into an agreement with

the Board in accordance with this subsection shall have his or her

license suspended or revoked but enforcement of this suspension or

revocation shall be stayed by the length of time the licensee

remains in the program and makes satisfactory progress, complies

with the terms of the agreement, and adheres to any limitations on

the practice imposed by the Board to protect the public. The

licensee may petition the Board for reinstatement pursuant to

subsection D of this section. Failure to enter into such agreement

or to comply with the terms and make satisfactory progress in the

treatment and monitoring program shall disqualify the licensee from

the provisions of this section and the Board shall activate an

immediate investigation and disciplinary proceedings.

C. Any social worker who has substantial evidence that a

licensee has an active addiction for which the licensee is not

receiving treatment under a program approved by the Board pursuant

to an agreement entered into under this section, is diverting a
squalify the licensee from

the provisions of this section and the Board shall activate an

immediate investigation and disciplinary proceedings.

C. Any social worker who has substantial evidence that a

licensee has an active addiction for which the licensee is not

receiving treatment under a program approved by the Board pursuant

to an agreement entered into under this section, is diverting a

controlled substance, or is mentally or physically incompetent to

carry out the duties of the license, shall make or cause to be made

a report to the Board. Any person who makes a report pursuant to

this section in good faith and without malice shall be immune from

any civil or criminal liability arising from such reports. Failure

Oklahoma Statutes - Title 59. Professions and Occupations Page 978

to provide such a report within a reasonable time from receipt of

knowledge may be considered grounds for disciplinary action against

the licensee.

D. Any person whose license to practice social work in this

state has been suspended or restricted pursuant to the Social

Worker's Licensing Act, whether voluntarily or by action of the

Board, shall have the right to petition the Board for reinstatement

of such license. Such a petition shall be made in writing and in

the form prescribed by the Board. Upon investigation and hearing,

the Board may grant or deny such petition, or it may modify its

original finding to reflect any circumstances which have changed

sufficiently to warrant such modifications. The Board may also

require such person to pass an examination or examinations for

reentry into the practice of social work.

E. The Board may issue a cease and desist order to stop an

individual from engaging in an unauthorized practice or violating or

threatening to violate a statute, rule, or order which the Board has

issued or is empowered to enforce. The cease and desist order must

state the reason for its issuance and give notice of the

individual's right to request a hearing under the Administrative

Procedures Act. Nothing herein shall be construed as barring

criminal prosecutions for violations of the Social Worker's

Licensing Act.

F. All final decisions by the Board shall be subject to

judicial review pursuant to the Administrative Procedures Act.

G. Any individual whose license to practice social work is

revoked, suspended, or not renewed shall return such license to the

offices of the Board within ten (10) days after notice of such

action.

H. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.