{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-1266.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-1266.1","heading":"Refusal to issue or renew, suspend, revoke, censure,","body":"reprimand, restrict or limit license – Fines - Judicial review –\n\nDefinitions.\n\nA. The State Board of Licensed Social Workers may refuse to\n\nissue or renew the license of, or may suspend, revoke, censure,\n\nreprimand, restrict or limit the license of, or fine, any person\n\npursuant to the Administrative Procedures Act or the procedures set\n\nforth in the Social Worker's Licensing Act upon one or more of the\n\nfollowing grounds as determined by the Board:\n\n1. Unprofessional conduct as determined by the Board;\n\n2. Practicing outside the scope of practice authorized by the\n\nSocial Worker's Licensing Act;\n\n3. Conduct which violates any of the provisions of the Social\n\nWorker's Licensing Act or rules adopted pursuant to the Social\n\nWorker's Licensing Act;\n\n4. Incapacity or impairment that prevents a licensee from\n\nengaging in the practice of social work with reasonable skill,\n\ncompetence, and safety to the public;\n\n5. Conviction of or a plea of guilty or nolo contendere to a\n\nfelony crime that substantially relates to the occupation of a\n\nsocial worker and poses a reasonable threat to public safety;\n\n6. Violations of the laws of this state, or rules pertaining\n\nthereto, or of laws, rules and regulations of any other state, or of\n\nthe federal government pertaining to any aspect of the practice of\n\nsocial work;\n\n7. Misrepresentation of a material fact by an applicant or\n\nlicensee in securing or attempting to secure the issuance or renewal\n\nof a license, or in statements regarding the applicant or licensee's\n\nskills or the efficiency or value of any treatment provided or to be\n\nprovided, or using any false, fraudulent, or deceptive statement\n\nconnected with the practice or social work including, but not\n\nlimited to, false or misleading advertising;\n\n8. Fraud by a licensee in connection with the practice of\n\nsocial work including engaging in improper or fraudulent billing\n\npractices or violating Medicare and Medicaid laws or state medical\n\nassistance laws;\n\n9. Engaging or aiding and abetting an individual to engage in\n\nthe practice of social work without a license, or falsely using the\n\ntitle of social worker;\n\n10. Failing to comply with any stipulation or agreement\n\ninvolving probation or settlement of any disciplinary matter with\n\nthe Board or with any order entered by the Board;\n\n11. Being found by the Board to be in violation of any of the\n\nprovisions of the Social Worker's Licensing Act or rules adopted\n\npursuant to the Social Worker's Licensing Act;\n\n12. Conduct which violates the security of any licensure\n\nexamination materials;\n\n13. Being the subject of the revocation, suspension, surrender\n\nor other disciplinary sanction of a social worker or related license\n\nor of other adverse action related to a social worker or related\n\nlicense issued by this state, in another jurisdiction or country\n\nincluding the failure to report such adverse action to the Board; or\n\n14. Being adjudicated by a court of competent jurisdiction,\n\nwithin or without this state, as incapacitated, mentally\n\nincompetent, chemically dependent, mentally ill and dangerous to the\n\npublic, or a psychopathic personality.\n\nB. 1. The Board may defer action with regard to an impaired\n\nlicensee who voluntarily signs an agreement, in a form satisfactory\n\nto the Board, agreeing not to practice social work and to enter an\n\napproved treatment and monitoring program in accordance with this\n\nsection; provided, however, that this section shall not apply to a\n\nlicensee who has been convicted of, pleads guilty to, or enters a\n\nplea of nolo contendere to a felonious act prohibited by Oklahoma\n\nlaw or a conviction relating to a controlled substance in a court of\n\nlaw of the United States or any other jurisdiction or a conviction\n\nrelated to sexual misconduct.\n\n2. A licensee who is physically or mentally impaired due to\n\nmental illness or addiction to drugs or alcohol may qualify as an\ned of, pleads guilty to, or enters a\n\nplea of nolo contendere to a felonious act prohibited by Oklahoma\n\nlaw or a conviction relating to a controlled substance in a court of\n\nlaw of the United States or any other jurisdiction or a conviction\n\nrelated to sexual misconduct.\n\n2. A licensee who is physically or mentally impaired due to\n\nmental illness or addiction to drugs or alcohol may qualify as an\n\nimpaired social worker and have disciplinary action deferred and\n\nultimately waived subject to the following conditions:\n\na. the Board is satisfied that such action will not\n\nendanger the public,\n\nb. the licensee enters into an agreement with the Board\n\nfor a treatment and monitoring plan approved by the\n\nBoard,\n\nc. the licensee progresses satisfactorily in such\n\ntreatment and monitoring program, and\n\nd. the licensee complies with all terms of the agreement\n\nand all other applicable terms of this section.\n\n3. Failure to enter such agreement or to comply with the terms\n\nand make satisfactory progress in the treatment and monitoring\n\nprogram shall disqualify the licensee from the provisions of this\n\nsection and the Board may activate an immediate investigation and\n\ndisciplinary proceeding. Upon completion of the rehabilitation\n\nprogram in accordance with the agreement signed by the Board, the\n\nlicensee may apply for permission to resume the practice of social\n\nwork upon such conditions as the Board determines necessary.\n\n4. The Board may require a licensee to enter into an agreement,\n\npursuant to this subsection, which includes, but is not limited to,\n\nthe following provisions:\n\na. the licensee agrees that the license shall be\n\nsuspended or revoked indefinitely under this section,\n\nb. the licensee agrees to enroll in a treatment and\n\nmonitoring program approved by the Board,\n\nc. the licensee agrees that failure to satisfactorily\n\nprogress in such treatment and monitoring program\n\nshall be reported to the Board by the treating\n\nprofessional who shall be immune from any liability\n\nfor such reporting made in good faith, and\n\nd. the licensee consents to the reports of the treating\n\nphysician or professional of the approved treatment\n\nand monitoring program to the Board on the progress of\n\nlicensee at such intervals as the Board deems\n\nnecessary.\n\n5. The ability of an impaired social worker to practice shall\n\nonly be restored and charges dismissed when the Board is satisfied\n\nby the reports it has received from the approved treatment program\n\nthat the licensee can resume practice without danger to the public.\n\n6. The impaired licensee shall consent, in accordance with\n\napplicable law, to the release of any treatment information to the\n\nBoard from anyone within the approved treatment program.\n\n7. The impaired licensee who has enrolled in an approved\n\ntreatment and monitoring program and entered into an agreement with\n\nthe Board in accordance with this subsection shall have his or her\n\nlicense suspended or revoked but enforcement of this suspension or\n\nrevocation shall be stayed by the length of time the licensee\n\nremains in the program and makes satisfactory progress, complies\n\nwith the terms of the agreement, and adheres to any limitations on\n\nthe practice imposed by the Board to protect the public. The\n\nlicensee may petition the Board for reinstatement pursuant to\n\nsubsection D of this section. Failure to enter into such agreement\n\nor to comply with the terms and make satisfactory progress in the\n\ntreatment and monitoring program shall disqualify the licensee from\n\nthe provisions of this section and the Board shall activate an\n\nimmediate investigation and disciplinary proceedings.\n\nC. Any social worker who has substantial evidence that a\n\nlicensee has an active addiction for which the licensee is not\n\nreceiving treatment under a program approved by the Board pursuant\n\nto an agreement entered into under this section, is diverting a\nsqualify the licensee from\n\nthe provisions of this section and the Board shall activate an\n\nimmediate investigation and disciplinary proceedings.\n\nC. Any social worker who has substantial evidence that a\n\nlicensee has an active addiction for which the licensee is not\n\nreceiving treatment under a program approved by the Board pursuant\n\nto an agreement entered into under this section, is diverting a\n\ncontrolled substance, or is mentally or physically incompetent to\n\ncarry out the duties of the license, shall make or cause to be made\n\na report to the Board. Any person who makes a report pursuant to\n\nthis section in good faith and without malice shall be immune from\n\nany civil or criminal liability arising from such reports. Failure\n\nto provide such a report within a reasonable time from receipt of\n\nknowledge may be considered grounds for disciplinary action against\n\nthe licensee.\n\nD. Any person whose license to practice social work in this\n\nstate has been suspended or restricted pursuant to the Social\n\nWorker's Licensing Act, whether voluntarily or by action of the\n\nBoard, shall have the right to petition the Board for reinstatement\n\nof such license. Such a petition shall be made in writing and in\n\nthe form prescribed by the Board. Upon investigation and hearing,\n\nthe Board may grant or deny such petition, or it may modify its\n\noriginal finding to reflect any circumstances which have changed\n\nsufficiently to warrant such modifications. The Board may also\n\nrequire such person to pass an examination or examinations for\n\nreentry into the practice of social work.\n\nE. The Board may issue a cease and desist order to stop an\n\nindividual from engaging in an unauthorized practice or violating or\n\nthreatening to violate a statute, rule, or order which the Board has\n\nissued or is empowered to enforce. The cease and desist order must\n\nstate the reason for its issuance and give notice of the\n\nindividual's right to request a hearing under the Administrative\n\nProcedures Act. Nothing herein shall be construed as barring\n\ncriminal prosecutions for violations of the Social Worker's\n\nLicensing Act.\n\nF. All final decisions by the Board shall be subject to\n\njudicial review pursuant to the Administrative Procedures Act.\n\nG. Any individual whose license to practice social work is\n\nrevoked, suspended, or not renewed shall return such license to the\n\noffices of the Board within ten (10) days after notice of such\n\naction.\n\nH. As used in this section:\n\n1. \"Substantially relates\" means the nature of criminal conduct\n\nfor which the person was convicted has a direct bearing on the\n\nfitness or ability to perform one or more of the duties or\n\nresponsibilities necessarily related to the occupation; and\n\n2. \"Poses a reasonable threat\" means the nature of criminal\n\nconduct for which the person was convicted involved an act or threat\n\nof harm against another and has a bearing on the fitness or ability\n\nto serve the public or work with others in the occupation.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c77d284b69e809b9fdf1dd74f545807dde54639c2126ce86cd5b355f3047edc6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-1265","next":"us-ok/okla.-stat.-tit.-59-59-1267"},"notice":"GroundRules: Original legal text. Not legal advice."}