South Carolina Code of Regulations Chapter 110 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF SOCIAL WORK EXAMINERS
South Carolina Code of Regulations Chapter 110
Department of Labor, Licensing and Regulation — State Board of Social Work Examiners
Overview
Chapter 110 governs the regulation, licensing, and oversight of social workers in South Carolina.
The State Board of Social Work Examiners (the Board) is charged with ensuring that social workers meet professional standards to protect public welfare.
The Chapter establishes qualifications for licensure, standards of practice, continuing education requirements, and disciplinary procedures.
Key Functions and Responsibilities
1. Licensing and Certification
Sets forth requirements for initial licensure and renewal for social workers, including education, examinations, and experience.
Defines different licensure levels, such as Licensed Social Worker (LSW), Licensed Master Social Worker (LMSW), and Licensed Clinical Social Worker (LCSW).
Administers examinations and evaluates applicants to ensure qualifications.
2. Standards of Practice
Establishes codes of professional conduct and ethical guidelines that licensees must follow.
Defines the scope of practice and prohibits unlicensed practice of social work.
Ensures licensees maintain competence and professionalism.
3. Continuing Education
Requires licensees to complete ongoing education to maintain and improve professional skills.
Specifies acceptable formats and minimum hours for continuing education credits.
4. Disciplinary Authority
Investigates complaints against licensees involving misconduct, incompetence, or violations of professional standards.
Conducts hearings and has the power to impose sanctions, including suspension, revocation, or fines.
Ensures protection of clients and the public from unethical or harmful practices.
5. Procedural Safeguards
Provides for due process protections in licensing decisions and disciplinary proceedings.
Ensures timely notice, opportunity to respond, and appeals rights.
Legal Principles and Case Law Concepts
Given Chapter 110 involves professional licensing and regulation, relevant legal principles focus on:
Delegated Authority and Scope of Regulation
Due Process in Licensing and Discipline
Professional Standards and Public Protection
Judicial Review of Administrative Decisions
1. Delegated Authority and Scope of Regulation
The Board acts under delegated authority to regulate the social work profession to safeguard public welfare.
Courts generally uphold the Board’s rules and decisions if they are within the scope of its statutory authority and reasonable.
Case Concept: Courts have overturned Board actions exceeding their authority or lacking a rational basis.
2. Due Process in Licensing and Disciplinary Actions
Applicants and licensees are entitled to procedural due process before being denied licensure or disciplined.
This includes:
Adequate notice of charges or reasons for denial.
Opportunity to present evidence and be heard.
Impartial decision-making body.
Case Concept: Disciplinary sanctions have been invalidated when procedures were unfair or lacked sufficient notice.
3. Professional Standards and Public Protection
The Board’s primary purpose is to protect clients and the public from harm by ensuring competent, ethical social work practice.
Disciplinary measures are justified to prevent malpractice or unethical conduct.
Case Concept: Courts have supported disciplinary actions that protect vulnerable clients and maintain professional integrity.
4. Judicial Review of Administrative Decisions
Courts defer to the Board’s expertise in evaluating professional competence but review whether decisions:
Are supported by substantial evidence.
Followed proper procedures.
Are not arbitrary or capricious.
Case Concept: Judicial intervention occurs if the Board’s decision lacks evidentiary support or violates procedural fairness.
Illustrative Case Law Concepts (General)
Licensing Authority: Courts uphold the Board’s right to require qualifications to protect public health.
Fair Process: Due process must be respected in investigations and hearings.
Evidence-Based Decisions: Disciplinary actions must be based on clear evidence of misconduct or incompetence.
Balance of Interests: Courts balance individual rights of licensees against the public interest in regulation.
Summary
South Carolina Code of Regulations Chapter 110 provides the framework for licensing, regulating, and disciplining social workers.
The State Board of Social Work Examiners ensures professional standards, ethical practice, and ongoing competence.
Due process protections ensure fairness in licensing decisions and disciplinary actions.
Courts generally defer to the Board’s expertise but require decisions to be lawful, reasonable, and supported by evidence.
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