ISSUE NUMBER 6 • SUMMER 2020
The Compliance Toolkit is a regular feature of the Board Bulletin that will provide you with tools for handling common ethical dilemmas and issues related to the Standards of Practice found in the Minnesota Social Work Practice Act. Consider the following scenario:
I am a current licensed graduate social worker (LGSW) and I recently received a conviction for driving while intoxicated (DWI). I am renewing my LGSW at the end of the month. Do I need to report the DWI to the Board? What will happen to my license? Will the DWI prevent me from being eligible for the LICSW?
Standards of Practice Questions
On both an application for renewal of a license and an application for a new license, you will be asked to report criminal convictions for misdemeanors, gross misdemeanors, or felonies, as well as any criminal charges currently pending against you. You are not required to report a conviction that has been expunged or an arrest that did not result in criminal charges. When reporting information about your criminal conviction on an application, you should provide as much detail as possible. This includes details such as: the date the conviction occurred; the conduct that led to the conviction; whether you have completed or are in compliance with any sentencing requirements; whether you completed a substance use assessment related to the conviction and whether you complied with the recommendations; and any actions you have engaged in that would demonstrate rehabilitation.
Board Review
There are no crimes or offenses that would result in either an automatic denial of licensure or automatic disciplinary action against a Minnesota social work license. When the Board learns of an applicant’s or licensee’s criminal conviction, either through a report from the individual or through a criminal background check, Board staff will review the criminal history information to determine if additional information is needed. Because in this example the DWI is very recent, the Board will likely request additional information from the individual via a letter to determine whether the DWI is indicative of an illness that may impact the licensee’s ability to practice social work safely. In this example, if the DWI is reported on a license renewal application, the license will be renewed, and the licensee is authorized to continue to practice while the Board requests additional information.
Once the licensee or applicant submits the requested information, everything is reviewed by a Compliance Panel, a group of Board members, to determine whether any kind of action against the license is needed to protect the public. The Compliance Panel will consider several factors including, but not limited to: age of the person at the time of the offense; impact of substance use and subsequent sobriety; severity of the offense; whether there are repeat offenses or a pattern of conduct; compliance with probation; length of time since the offense; and activities the person has engaged in since the offense to demonstrate rehabilitation.
Other Considerations
The Board is also required to comply with the Criminal Rehabilitation Act (Minn. Ch. 364) which essentially states that the Board cannot deny a license if someone is able to demonstrate rehabilitation under the act. It is very rare for the Board to deny a license based on a criminal history. More often, individuals with a criminal history may encounter issues with the Minnesota Department of Human Services (DHS) background study which is required for individuals working in licensed facilities. The regulations for background studies are different than the criminal background check system for social work licensure. Individuals are encouraged to contact the Background Studies Unit at DHS to discuss whether their specific criminal history could pose an obstacle to working in licensed facilities.
So What’s the Bottom Line?
