DIVISION 30
CODE OF ETHICS FOR CLINICAL SOCIAL WORK ASSOCIATES AND
LICENSED CLINICAL SOCIAL WORKERS
877-030-0025
Applicability
The provisions of OAR chapter 877 division 30 apply to applicants for Certificate of Clinical Social Work Associate, applicants for licensure, Clinical Social Work Associates, and Licensed Clinical Social Workers.
Stat. Auth.: ORS 675.510 - 675.600 &
675.900
Stats. Implemented: ORS 675.595
Hist.: BCSW 1-2001, f. & cert. ef. 5-4-01
877-030-0030
Ethical Responsibility
Clinical Social Workers' ethical responsibilities to their clients begin when the client-provider contract is entered into by the Clinical Social Worker and the client and remain in effect until the contract is terminated by either party, except as provided in OAR 877-030-0070.
Stat. Auth.: ORS 675.510 - 675.600 &
675.900
Stats. Implemented: ORS 675.595
Hist.: BCSW 2-1993, f. & cert. ef. 10-13-93; BCSW 1-1994, f.
& cert. ef. 2-17-94; BCSW 1-2001, f. & cert. ef. 5-4-01
877-030-0040
Conduct and Reporting Requirements of Regulated Social Workers
(1) Conduct: The following minimum standards of professional conduct apply to regulated social workers:
(a) Private conduct of regulated social workers is a personal matter to the same extent as with any other person, except when that conduct compromises the fulfillment of professional responsibilities.
(b) Regulated social workers may not participate in, condone, or be associated with dishonesty, fraud, deceit, or misrepresentation.
(c) Regulated social workers may not misrepresent their professional qualifications, education, experience, or affiliations.
(2) Reporting Requirements:
(a) Regulated social workers must report the following to the Board as soon as practicable, but not later than 10 days after:
(A) Being convicted of a misdemeanor or felony;
(B) Being arrested for a felony crime;
(C) Receiving notice of a civil lawsuit that names the regulated social worker as a defendant and makes allegations related to the regulated social worker’s practice of clinical social work or the regulated social worker’s license or certificate;
(D) Becoming an in-patient in a psychiatric hospital or psychiatric day treatment facility; or
(E) Receiving notice of a regulatory action related to the regulated social worker’s license or certificate.
(b) Regulated social workers must report child and elderly abuse as required by ORS 419B.005 to 419B.050 and 124.050 to 124.095. .
Stat.
Auth.: ORS 675.510 - 675.600 & 675.900
Stats.
Implemented: ORS 675.595
Hist.:
BCSW 2-1993, f. & cert. ef. 10-13-93; BCSW 1-2001, f. & cert. ef. 5-4-01;
BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2008, f. 6-27-08, cert. ef. 7-1-08;
BLSW 1-2010, f. & cert. ef. 1-15-10
877-030-0050
Professional Education
Licensed Clinical Social Workers must maintain their professional competency by meeting the continuing education requirements set out in OAR 877-025-0000.
Stat. Auth.: ORS 675.510 - 675.600 &
675.900
Stats. Implemented: ORS 675.595
Hist.: BCSW 2-1993, f. & cert. ef. 10-13-93; BCSW 1-2001, f.
& cert. ef. 5-4-01; BCSW 2-2005, f. & cert. ef. 12-22-05
877-030-0070
Ethical Responsibility to Clients
The Clinical Social Worker's primary responsibility is to clients. Clinical Social Workers must serve clients with professional skill and competence including but not limited to the following:
(1) Dual Relationship:
(a) Clinical Social Workers must not violate their position of power, trust, and dependence;
(b) Clinical Social Workers may not enter into a relationship with a client that conflicts with the ability of the client to benefit from social work practice;
(c) Clinical Social Workers may not enter into a relationship with a client that may impair the Clinical Social Worker's professional judgment or increase the risk of exploitation of the client;
(d) Clinical Social Workers may not enter into a relationship with a client that increases the risk of exploitation for the client for the Clinical Social Worker's advantage;
(e) Clinical Social Workers may not enter into therapeutic relationships with any employee, supervisee, close colleague, or relative, or with any other person where there is a risk that the relationship would impair the Clinical Social Worker's judgment and increase risk of client exploitation.
(f) Clinical Social Workers may not enter into an employer, supervisor, or any other relationship where there is a potential for exercising undue influence on a client. This includes the sale of services or goods in a manner that might exploit a client for the financial gain or personal gratification of the Clinical Social Worker or a third party, or if there is a risk that such a relationship would be likely to impair the Clinical Social Worker's judgment and increase the risk of client exploitation. This applies both to current clients and to those to whom the Clinical Social Worker, has at anytime in the previous year, rendered services as a Clinical Social Worker.
(g) Clinical Social Workers may not, under any circumstances, engage in or solicit sexual acts or engage in any conduct, verbal behavior or other communication with or towards a client that may reasonably be interpreted as sexual, seductive or sexually demeaning. This prohibition applies to current clients and to clients to whom the Clinical Social Worker has at anytime within the previous three years provided clinical social work services. The client's consent to, initiation of, or participation in, sexual behavior with the Clinical Social
Worker does not change the prohibited nature of the conduct.
(2) Clinical Social Workers must provide services with professional skill, cultural awareness, and language competency with respect to each client's needs.
(3) Clinical Social Workers may not provide inappropriate or unnecessary treatment of therapy to clients.
(4) Clinical Social Workers must provide clients with accurate and complete information regarding the extent and nature of services available. This includes the risks, rights, opportunities, and obligations associated with the provision of professional services to the client.
(5) Clinical Social Workers must seek consultation or make referrals whenever it may improve the provision of professional service and is in the best interest of the client.
(6) Clinical Social Workers may not attempt to provide services to clients outside their area of competence, training, and qualifications established in their practice and continuing education.
(7) Clinical Social Workers must terminate services to clients when their services are no longer required or no longer serve the client's needs or interests.
(8) Clinical Social Workers may withdraw services precipitously only under unusual circumstances, giving careful consideration to all factors in the situation and taking care to minimize possible adverse effect. Clinical Social Workers in fee-for-service settings may terminate services to clients who are not paying an overdue balance if the client does not pose an imminent danger to self or others; if the financial arrangements have been made clear to the client; and if the clinical and other consequences of nonpayment have been addressed and discussed with the client.
(9) Clinical Social Workers who anticipate the termination or interruption of service to clients must notify those clients promptly and provide for transfer, referral, or continuation of service in relation to the client's needs and preferences.
(10) Clinical Social Workers may not violate the legal rights of their clients:
(a) When a Clinical Social Worker must act on behalf of a client who has been adjudged legally incompetent, the Clinical Social Worker must safeguard the interests and rights of that client.
(b) When another individual is legally authorized to act on behalf of a client, Clinical Social Workers may conduct business with that person, always keeping the client's best interests in mind.
(11) Except as permitted in ORS 675.580 and ORS 40.250, Clinical Social Workers must respect the privacy of clients and hold in confidence information obtained in the course of professional contact between client and the Clinical Social Worker.
(a) Information received from a potential client at the point of initial contact must be treated with the same respect for privacy as that of information received from a client.
(b) Clinical Social Workers must inform clients fully about the limits of client-therapist confidentiality.
(c) Clinical Social Workers must provide clients reasonable access to records concerning them and should take due care to protect the confidences of others contained in those records. Client access to their own records should be restricted only in exceptional circumstances when there is compelling evidence that access would cause harm to the client. Clinical Social Workers who are concerned that client access to their own records could cause serious misunder-standing or harm to the client should assist the client in interpreting the records. Both the client's request and the rationale for withholding some or all of the record should be documented in the case file.
(d) Clinical Social Workers must obtain informed consent from clients before taping, recording, or permitting third party observation of their activities.
(e) Clinical Social Workers, when making reports, must obtain a release of confidentiality and shall avoid undue invasion of privacy by only presenting patient data pertinent to the purpose of the report.
(12) Fees. Clinical Social Workers in fee-for-service settings may charge reasonable fees and must inform clients of the fee arrangement before providing services.
(13) Clinical Social Workers may not solicit the clients of colleagues.
(14) Clinical Social Workers may not solicit clients from their employer for private practice.
(15) Clinical Social Workers may not assume professional responsibility for the clients of another agency or colleague without appropriate communication with that agency or colleague.
(16) Clinical Social Workers must relate to the clients of colleagues with full professional consideration.
(17) A Clinical Social Worker who serves the clients of colleagues, during a temporary absence or emergency, must serve those clients with the same professional competence as to his or her own.
Stat. Auth.: ORS 675.510 - 675.600 &
675.900
Stats. Implemented: ORS 675.510 - 675.600 & 675.900
Hist.: BCSW 2-1993, f. & cert. ef. 10-13-93; BCSW 1-1994, f.
& cert. ef. 2-17-94; BCSW 1-1997, f. & cert. ef. 3-25-97;
BCSW 1-2001, f. & cert. ef. 5-4-01; BCSW 2-2005, f. & cert.
ef. 12-22-05
877-030-0080
Administrators, Supervisors, and Teachers of Clinical Practice
Administrators, supervisors, and teachers must promote conditions that foster and support ethical and competent professional performance:
(1) The same ethical considerations exist between supervisor and supervisee as exits between Clinical Social Workers and clients.
(2) Clinical Social Workers in the role of administrator, supervisor, or teacher may not, under any circumstances, engage in a sexual relationship with a supervisee or student.
(3) Clinical Social Workers in the role of administrator, supervisor, or teacher may not enter into a therapeutic relationship with any employee, supervisee, or student.
(4) Clinical Social Workers in the role of administrator, supervisor, or teacher must explicitly define the conditions of their professional relationship to their supervisees or students.
(5) Clinical Social Workers as an employer, or in the role of administrator, supervisor, or teacher, must support and emphasize the need for formulation, development, enactment, and implementation of policies and agency rules which provide for safeguarding the rights of clients.
(6) Clinical Social Workers as employer, or in the role of administrator, supervisor, or teacher, bear the ethical responsibility for persons practicing under their direct supervision who are not regulated by professional registration, certification, or license.
Stat. Auth.: ORS 675.510 - 675.600 &
675.900
Stats. Implemented: ORS 675.510 - 675.600 & 675.900
Hist.: BCSW 1-1982, f. & ef. 1-29-82; BCSW 1-1986, f. & ef.
7-7-86; BCSW 2-1991, f. & cert. ef. 5-30-91; BCSW 2-1993, f.
& cert. ef. 10-13-93; Renumbered from 877-030-0015; BCSW 1-1994,
f. & cert. ef. 2-17-94; BCSW 1-1997, f. & cert. ef. 3-25-97;
BCSW 1-2001, f. & cert. ef. 5-4-01
877-030-0090
General Provisions Governing Conduct
(1) Unprofessional conduct is defined by, but not restricted to the items set out in Division 30 of this Chapter. Violation of the Code of Ethics may result in disciplinary proceedings under ORS 675.540.
(2) Clinical Social Workers must cooperate with the Board, its investigators, or any of its committees in any investigation it may make under OAR Chapter 877.
(3) Clinical Social Workers must fully comply with all Final Orders issued by the Board.
Stat. Auth.: ORS 675.510 - 675.600 &
675.900
Stats. Implemented: ORS 675.595
Hist.: BCSW 2-1993, f. & cert. ef. 10-13-93; BCSW 1-2001, f.
& cert. ef. 5-4-01; BCSW 2-2005, f. & cert. ef. 12-22-05
877-030-0100
Retention of Client Records; Disposition of Client Records in Case of Death or Incapacity of Licensee
(1) In this rule, “client record” means information maintained in a written or electronic form regarding treatment or billing of a client.
(2) A licensee who serves clients outside of an agency setting must ensure that a client record is maintained for each such client and that all client records are legible and are kept in a secure, safe, and retrievable condition. At a minimum, a client record must include an assessment of the client, a treatment or intervention plan, and progress notes of therapy sessions, all of which should be recorded concurrently with the services provided.
(3) Retention of records. A licensee must retain a client record for seven years from the date of the last session with the client.
(4) A Licensed Clinical Social Worker in private practice must make necessary arrangements for the maintenance of and access to client records that ensure the clients’ right to confidentiality in the event of the death or incapacity of the licensee. In regard to this requirement:
(a) The licensee must name a qualified person to intercede for client welfare and to make necessary referrals, when appropriate.
(b) Licensee must keep the board notified of the name of the qualified person.
(c) The board will not release the name of the qualified person except in the case of the death or incapacity of the licensee, or if the license of the licensee is inactive and a former client is unable to locate the licensee.
(5) To be a qualified person under this rule a person must be a Licensed Clinical Social Worker or other licensed mental health professional licensed under Oregon law.
Stat.
Auth.: ORS 675.510 - 675.600 & 675.900
Stats.
Implemented: ORS 675.595
Hist.:
BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09
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