§ 43-41-10 — Grounds for disciplinary proceedings

1. The board may deny, refuse to renew, suspend, revoke, reprimand, restrict, or limit the
license of, or place on probationary status any license issued under this chapter on
proof at a hearing the applicant or licensed person:
a. Has been convicted of an offense determined by the board to have a direct
bearing upon that individual's ability to practice social work or is not sufficiently
rehabilitated as determined by the board in accordance with section 12.1-33-02.1.

b. Is addicted to the habitual use of alcoholic beverages, narcotics, or stimulants or
other addictive substances that impair the social worker's ability to practice social
work.
c. Has been grossly negligent in the practice of social work.
d. Has violated one or more of the rules and regulations of the board.
e. Has violated the code of social work ethics adopted by the board.
f. Has failed to make a report to the board as required under section 43-41-11.1.
2. In order to pursue the investigation, the board may subpoena and examine witnesses
and records, including client records, and copy, photograph, or take samples. The
board may require a licensed social worker to give statements under oath. The board
may require a licensed social worker to submit to a physical, chemical, or mental
examination, by a physician or physicians or other qualified evaluation professionals
selected by the board if it appears to be in the best interests of the public that an
examination be secured. The board may require a licensee to enroll in a treatment or
monitoring program approved by the board if the board determines in good faith to do
so would be beneficial to the licensee or protect the public. Failure to satisfactorily
undergo an examination or enroll in a treatment and monitoring program must be
reported to the board by the treating professional. Treating professionals are immune
from any liability for reporting made in good faith. A licensee is deemed to consent to
the treating professional of the approved evaluation, or the approved treatment and
monitoring program, reporting to the board on the results of the examination or the
progress of the treatment or monitoring program, at such intervals the board deems
necessary. The approved examination, or treatment or monitoring program, may
release examination information, or treatment or monitoring information, to the board
so the board may evaluate the results of the examination or the licensee's progress in
and the effectiveness of the treatment or monitoring program. A written request from
the board constitutes authorization to release information. Absent a client release on
file allowing the release of information, all client records released to the board are
confidential and are not public records.
3. Unless there is a client release on file allowing the release of information at the public
hearing, client and juvenile records introduced or client and juvenile testimony of a
personal nature taken at a public hearing is confidential and closed to the public. The
portions of board meetings at which client and juvenile testimony or records are taken
or reviewed are confidential and closed to the public. If no client or juvenile testimony
or records are taken or reviewed, the remainder of the meeting is an open meeting
unless a specific exemption is otherwise applicable.
4. Until the board proceeds with disciplinary action, the complaint, the response, and any
record received by the board during an investigation of a complaint under this section
are exempt records, as defined in section 44-04-17.1.