ORS 675.540: Grounds for disciplinary action; authorized sanctions and penalties; investigation.

(1) Subject to subsection (8) of this section, the State Board of Licensed Social Workers may impose any or all of the sanctions specified in subsection (2) of this section, upon proof, after a hearing pursuant to the provisions of ORS chapter 183 relating to a contested case, that a regulated social worker: (a) Has been convicted in this or any other state of a crime that is a felony in this state; (b) Has been convicted of a felony in a federal court; (c) Is unable to perform the practice of social work by reason of physical illness; (d) Has an impairment as defined in ORS 676.303; (e) Has been grossly negligent or has engaged in unprofessional conduct in the practice of social work; (f) Has violated any provision of ORS 675.510 to 675.600 or 675.850 or any rule adopted under ORS 675.600; or (g) Notwithstanding ORS 670.280, has been convicted of a sex crime as defined in ORS 163A.005 or has been convicted in another state or jurisdiction of a crime that is substantially equivalent to a sex crime as defined in ORS 163A.005. (2) Pursuant to the provisions of subsection (1) of this section, the board may: (a) Deny, suspend, revoke or refuse to renew any authorization to practice regulated social work issued under ORS 675.510 to 675.600. (b) Place a regulated social worker on probation and impose conditions or limits on the scope of practice of a regulated social worker. (c) Impose a civil penalty not to exceed $3,000 for each violation. (3) The expiration, or voluntary surrender by a regulated social worker, of an authorization to practice regulated social work does not deprive the board of jurisdiction to proceed with any investigation of, or any action or disciplinary proceedings against, the regulated social worker. (4) Information that the board obtains as part of an investigation into the conduct of a regulated social worker or an applicant for an authorization to practice regulated social work or as part of a contested case proceeding, consent order or stipulated agreement involving the conduct of a regulated social worker or applicant, is confidential as provided under ORS 676.175. (5) Subject to the provisions of ORS chapter 183 relating to a contested case, the board may impose a civil penalty in an amount up to $5,000 upon proof that, after a person’s authorization to practice regulated social work has been revoked by the board, the person has: (a) Engaged in the practice of clinical social work; or (b) Represented that the person is a regulated social worker. (6) Subject to the provisions of ORS chapter 183 relating to a contested case, the board may impose a civil penalty of up to $3,000 upon proof that a person who is not a regulated social worker has: (a) Represented that the person is a regulated social worker; or (b) Used the title “social worker” or any title, words or abbreviations that indicate that the person has an authorization to practice regulated social work in violation of ORS 675.520. (7) Subject to the provisions of ORS chapter 183 relating to a contested case, the board may impose a civil penalty of up to $5,000 upon proof that a person who is not a clinical social worker licensed under ORS 675.530 or a clinical social work associate certified under ORS 675.537 has: (a) Engaged in the practice of clinical social work, unless the person is permitted to practice clinical social work under ORS 675.523; or (b) Represented that the person is a clinical social worker or clinical social work associate. (8)(a) As used in this section, “social work services” means clinical social work, the practice of baccalaureate social work, the practice of master’s social work or the practice of social work. (b) The board may not suspend or revoke a person’s authorization to practice regulated social work, or refuse to grant a person an authorization to practice regulated social work, because of a conviction or license suspension or revocation resulting solely from the person’s provision of social work services relating to reproductive or gender-affirming health care that are otherwise lawful in this state but unlawful in the jurisdiction in which the person provided the services, so long as the services provided were performed in accordance with the standard of care applicable to the services. [1977 c.677 §6; 1979 c.769 §5; 1985 c.52 §4; 1989 c.721 §32; 1997 c.381 §4; 1997 c.791 §14; 2009 c.442 §12; 2009 c.756 §13; 2013 c.60 §3; 2015 c.79 §5; 2015 c.611 §2; 2023 c.228 §31b]