§ 59-1270 — Unlawful acts - Penalties.

A. It shall be a misdemeanor for any person to: 1. Use in connection with his or her name any designation tending to imply that he or she is licensed under the Social Worker’s Licensing Act unless he or she is duly and respectively licensed under the provisions of this act; 2. Use in connection with his or her name any designation tending to imply that he or she is licensed under the provisions of this act during the time his or her license shall be suspended or revoked; or 3. Otherwise violate any of the provisions of this act. B. 1. Except as otherwise provided, it shall be unlawful for any individual to engage in the practice of social work unless duly licensed under this act. 2. Except as otherwise provided, it shall be unlawful for any individual to engage in the practice of Clinical Social Work unless duly licensed as a Clinical Social Worker under this act. 3. No individual shall offer social work services or use the designation social worker, licensed social work associate, licensed master’s social worker, licensed social worker, licensed clinical social worker or the initials LSWA, LMSW, LSW, or LCSW or any other designation indicating licensure status or hold themselves out as licensed to practice social work unless duly licensed. 4. The provision of social work services to an individual in this state, through telephonic, electronic or other means, regardless of the location of the social worker, shall constitute the practice of social work and shall be subject to regulation. 5. Any individual who, after hearing, is found by the State Board of Licensed Social Workers to have unlawfully engaged in the practice of social work or to have violated other provisions of this act shall be subject to a fine to be imposed by the Board not to exceed Five Hundred Dollars ($500.00) for each offense. Each violation of this act or Board rules pertaining to unlawful practice of social work shall also constitute a misdemeanor. 6. Nothing in this act shall be construed to prevent members of other professions from performing functions for which they are duly licensed; provided, however, such professionals shall not hold themselves out or refer to themselves by any title or description stating or implying that they are engaged in the practice of social work or that they are licensed to engage in the practice of social work. 7. Students currently participating in an approved social work program are exempt from licensure under this act when enrolled in or participating in an internship, externship, or other social work experience requirements for such programs.

Legislative History

Added by Laws 1965, c. 140, § 20. Amended by Laws 1980, c. 124, § 17, eff. Oct. 1, 1980; Laws 2003, c. 85, § 19, eff. Nov. 1, 2003.