Alabama Administrative Code
Title 850 - ALABAMA STATE BOARD OF SOCIAL WORK EXAMINERS
Chapter 850-X-9 - STANDARDS OF PROFESSIONAL CONDUCT AND ETHICS
Section 850-X-9-.01 - Standards Of Professional Conduct & Ethics
Universal Citation: AL Admin Code R 850-X-9-.01
Current through Register Vol. 42, No. 5, February 29, 2024
Section 34-30 -57, Code of Ala. 1975, (1991) authorizes the Board to promulgate rules and regulations that set forth standards for licensed bachelor social workers, licensed master social workers, and independent clinical social workers. Pursuant thereto, the Board has formally adopted the following standards of professional conduct and ethics:
(1) The Social Worker's Conduct and Comportment as a Social Worker.
(a) Propriety - The social worker shall
maintain high standards of personal conduct in the capacity or identity as
social worker.
1. The private conduct of the
social worker is a personal matter to the same degree as is any other person's,
except when such conduct compromises the fulfillment of professional
responsibilities.
2. The social
worker shall not participate in, condone, or be associated with dishonesty,
fraud, deceit, misrepresentation, or criminal activity.
3. The social worker shall distinguish
clearly between statements and actions made as a private individual and as a
representative of the social work profession or an organization or
group.
(b) Competence
and Professional Development - The social worker shall strive to become and
remain proficient in professional practice and the performance of professional
functions.
1. The social worker shall accept
responsibility or employment only on the basis of existing competence or the
intention to acquire the necessary competence.
2. The social worker shall not misrepresent
professional qualifications, licensure, certification, education, experience,
or affiliations.
3. The social
worker shall not allow his/her own personal problems, psychosocial distress,
substance abuse, or mental health difficulties to interfere with professional
judgment and performance or jeopardize the best interests of those for whom the
social worker has a professional responsibility.
4. The social worker whose personal problems,
psychosocial distress, substance abuse, or mental health difficulties interfere
with professional judgment and performance should immediately seek consultation
and take appropriate remedial action by seeking professional help, making
adjustments in workload, terminating practice, or taking any other steps
necessary to protect clients and others.
5. The social worker shall not knowingly
allow another person to use his or her license.
6. The social worker shall not impersonate
another person holding a license issued by the Board.
(c) Service - The social worker shall regard
as primary the service obligation of the social work profession.
1. The social worker shall retain ultimate
responsibility for the quality and extent of the service that individual
assumes, assigns, or performs.
2.
The social worker shall act to prevent practices that are inhumane or
discriminatory against any person or group of persons.
(d) Integrity - The social worker shall act
in accordance with the highest standards of professional integrity and
impartiality.
1. The social worker should be
alert to and resist the influences and pressures (including those that arise
from personal beliefs) that interfere with the exercise of professional
discretion and impartial judgment required for the performance of professional
functions.
2. The social worker
shall not exploit professional relationships for personal gain.
(e) Scholarship and Research - The
social worker engaged in study and research should be guided by the conventions
of scholarly inquiry.
1. The social worker
engaged in research should consider carefully the possible consequences for
human beings.
2. The social worker
engaged in research shall ascertain that the consent of participants in the
research is voluntary and informed, without any implied deprivation or penalty
for refusal to participate, and with due regard for participant's privacy and
dignity.
3. The social worker
engaged in research should protect participants from unwarranted physical or
mental discomfort, distress, harm, danger, or deprivation.
4. The social worker who engages in the
evaluation of services or cases shall discuss them only for the professional
purposes and only with persons directly and professionally concerned with
them.
5. Information obtained about
participants in research shall be treated as confidential.
6. The social worker shall take credit only
for work actually done in connection with scholarly and research endeavors and
credit contributions made by others.
(2) The Social Worker's Ethical Responsibility to Clients.
(a) Primacy of
Client's Interests - The social worker's primary responsibility is to promote
the well-being of the client.
1. The social
worker should serve clients with devotion, loyalty, determination, and the
maximum application of professional skills and competence.
2. The social worker shall not exploit
relationships with clients for personal advantage.
3. The social worker shall not practice,
condone, facilitate, or collaborate with any form of discrimination on the
basis of race, color, sex, age, religion, political belief, mental or physical
handicap, or any other preference or personal characteristic, condition or
status.
4. The social worker shall
not condone or engage in any dual or multiple relationships with clients or
former clients in which there is a risk of exploitation of or potential harm to
the client. The social worker is responsible for setting clear, appropriate,
and culturally sensitive boundaries.
5. The social worker shall under no
circumstances engage in sexual activities or sexual contact with current
clients, whether such contact is consensual or forced.
6. The social worker shall not engage in
sexual activities or sexual contact with client's relatives or other
individuals with whom clients maintain a close personal relationship when there
is a risk of exploitation or potential harm to the client. The social worker
shall assume the full burden for setting clear, appropriate, and culturally
sensitive boundaries.
7. The social
worker should not engage in sexual activities or sexual contact with former
clients because of the potential for harm to the client. If a social worker
engages in conduct contrary to this prohibition or claims that an exception to
this prohibition is warranted because of extraordinary circumstances, it is the
social worker not the client who assumes full burden of demonstrating that the
former client has not been exploited, coerced, or manipulated, intentionally or
unintentionally.
8. The social
worker shall not provide clinical services to an individual with whom the
social worker has had a prior sexual relationship.
9. The social worker must set clear,
appropriate and culturally sensitive boundaries that govern any physical
contact with a client.
10. The
social worker shall not sexually harass clients. Sexual harassment includes
sexual advances, sexual solicitation, requests for sexual favors, and other
verbal or physical conduct of a sexual nature.
11. The social worker shall not use
derogatory language in written or verbal communications to or about clients.
The social worker shall use accurate and respectful language in all
communications to and about clients.
12. The social worker should provide clients
with accurate and complete information regarding the extent and nature of the
services available to them.
13. The
social worker shall apprise clients of their risks, rights, opportunities, and
obligations associated with social service to them.
14. The social worker should seek advice and
counsel of colleagues and supervisors whenever such consultation is in the best
interest of the clients.
15. The
social worker shall terminate service to clients, and professional
relationships with them, when such service and relationships are no longer
required or no longer serve the client's needs or best interests.
16. The social worker should not withdraw
services precipitously except under unusual circumstances, giving careful
consideration to all factors in the situation and taking care to minimize
possible adverse effects.
17. The
social worker who anticipates the termination or interruption of service to
clients shall notify clients promptly and seek the transfer, referral, or
continuation of service in relation to the client's needs and
preferences.
(b) Rights
and Prerogatives of Clients - The social worker should make every effort to
foster maximum self-determination on the part of clients.
1. When the social worker must act on behalf
of a client who has been adjudged legally incompetent, the social worker should
safeguard the interests and rights of that client.
2. When another individual has been legally
authorized to act on behalf of a client, the social worker should deal with
that person always with the client's best interest in mind.
3. The social worker should not engage in any
action that violates or diminishes the civil or legal rights of
clients.
(c)
Confidentiality and Privacy - The social worker shall respect the privacy of
clients and hold in confidence all information obtained in the course of
professional service except as required by law.
1. The social worker shall share with others
confidences revealed by clients, without their consent, only for compelling
professional reasons or as required by law.
2. The social worker should inform clients
fully about the limits of confidentiality in a given situation, the purposes
for which information is obtained, and how it may be used.
3. The social worker shall keep timely and
accurate records detailing problems, treatment plans, scope of services, and
dates and content of client contacts for a minimum of three years after the
date on which services were last provided to the client. Records shall be
securely kept to ensure the confidentiality of clients. Records or other oral
or written information which personally identifies the client shall not be
released to third parties unless:
(i) the
client or authorized representative consents in writing;
(ii) a court of competent jurisdiction orders
release of the records;
(iii) the
records are otherwise due to be disclosed under Alabama or federal
law;
(iv) the information released
does not compromise the confidentiality of any other individuals; or
(v) the Board issues a subpoena for the
records pursuant to its investigatory or regulatory authority.
4. The social worker should afford
clients with reasonable access to any official social work records concerning
them.
5. When providing clients
with access to records, the social worker shall take due care to protect the
confidences of others contained in those records.
6. The social worker shall obtain informed
consent of clients before taping, recording, or permitting third party
observation of their activities.
7.
The social worker shall take precautions to ensure and maintain the
confidentiality of information transmitted to other parties through the use of
computers, electronic mail, facsimile machines, telephones, voicemail, social
media, and other electronic or computer technology. Disclosure of identifying
information should be avoided whenever possible.
(d) Fees - When setting fees, the social
worker shall ensure that they are fair, reasonable, considerate, and
commensurate with the service performed. When setting fees, the social worker
shall exercise due regard for the client's ability to pay.
1. The social worker shall not divide a fee
with a referral source. The social worker shall not accept the division of a
fee as compensation for a referral. This provision is intended to assure that
referrals are always based solely on the best interests of the
client.
2. The social worker shall
explain the fee schedule and ensure the client's understanding.
(3) The Social Worker's Ethical Responsibility To Colleagues.
(a)
Respect, Fairness, and Courtesy - The social worker shall treat colleagues with
respect, courtesy, fairness, and good faith.
1. The social worker should cooperate with
colleagues to promote professional interests and concerns.
2. The social worker shall respect
confidences shared by colleagues in the course of their professional
relationships and transactions unless otherwise required by law.
3. The social worker should create and
maintain conditions of practice that facilitate ethical and competent
professional performance by colleagues.
4. The social worker should treat with
respect, and represent accurately and fairly, the qualifications, views, and
findings of colleagues and use appropriate channels to express judgments on
these matters.
5. The social worker
who replaces or is replaced by a colleague in professional practice should act
with consideration for the interest, character, and reputation of that
colleague.
6. The social worker
shall not exploit a dispute between a colleague and employers to obtain a
position or otherwise advance the social worker's interest.
7. The social worker should seek arbitration
or mediation when conflicts with colleagues require resolution for compelling
professional reasons.
8. The social
worker should extend to colleagues of other professions the same respect and
cooperation that is extended to social work colleagues.
9. The social worker who serves as an
employer, supervisor, or mentor to colleagues shall make orderly and explicit
arrangements regarding the conditions of their continuing professional
relationship.
10. The social worker
who has responsibility for employing and evaluating the performance of other
staff members, shall fulfill such responsibility in a fair, considerate, and
equitable manner, on the basis of clearly enunciated criteria.
11. The social worker who has the
responsibility for evaluating the performance of employees, supervisees, or
students shall share evaluations with them.
12. The social worker shall not use a
professional position vested with power, such as that of employer, supervisor,
teacher, or consultant, to his/her advantage or to exploit others.
13. The social worker who functions as a
supervisor or educator shall not engage in sexual activities or contact with
supervisees, students, trainees, or other colleagues over whom they exercise
professional authority.
14. The
social worker should avoid engaging in sexual relationships with colleagues
when there is potential for conflict of interest. The social worker who becomes
involved in, or anticipates becoming involved in, a sexual relationship with a
colleague has the duty to transfer professional responsibilities, when
necessary, to avoid a conflict of interest.
15. The social worker shall not sexually
harass supervisees, students, trainees, or colleagues. Sexual harassment
includes sexual advances, sexual solicitation, requests for sexual favors, and
other verbal or physical conduct of a sexual nature.
16. The social worker who has direct
knowledge of a social work colleague's impairment due to personal problems,
psychosocial distress, substance abuse, or mental health difficulties should
consult with that colleague and assist the colleague in taking remedial
action.
17. The social worker who
believes that a social work colleague is incompetent and has not taken adequate
steps to address the incompetence should take action through appropriate
channels established by employers, agencies, NASW, and the Alabama State Board
of Social Work Examiners.
(b) Dealing with Colleagues' Clients - The
social worker has the responsibility to relate to the clients of colleagues
with full professional consideration.
1. The
social worker shall not assume professional responsibility for the clients of
another agency or a colleague without appropriate communication with that
agency or colleague.
2. The social
worker who serves the clients of colleagues, during a temporary absence or
emergency, shall serve those clients with the same consideration as that
afforded any client.
(4) The Social Worker's Ethical Responsibility to the Employer. The social worker shall adhere to commitments made to the employing organization.
(a) The
social worker should work to improve the employing agency's policies and
procedures, and the efficiency and effectiveness of its services.
(b) The social worker shall not accept
employment or arrange student field placements in an organization which is
currently under public sanction by the National Association of Social Workers
("NASW") for violating personnel standards, or imposing limitations on or
penalties for professional actions on behalf of clients.
(c) The social worker should act to prevent
and eliminate discrimination in the employing organization's work assignments
and in its employment policies and practices.
(d) The social worker should use with
scrupulous regard, and only for the purpose for which they are intended, the
resources of the employing organization.
(5) The Social Worker's Ethical Responsibility to the Profession.
(a)
Maintaining the Integrity of the Profession - The social worker shall uphold
and advance the values, ethics, knowledge, and mission of the profession.
1. The social worker should protect and
enhance the dignity and integrity of the profession and should be responsible
and vigorous in discussion and criticism of the profession.
2. The social worker should take action
through appropriate channels against unethical conduct by any other member of
the profession.
3. The social
worker should act to prevent the unauthorized and unqualified practice of
social work.
4. The social worker
should strive to become and remain proficient in professional practice and the
performance of professional functions. The social worker should critically
examine and keep current with emerging knowledge relevant to social work. The
social worker should routinely review the professional literature and
participate in continuing education relevant to social work practice and social
work ethics.
5. The social worker
should base practice on recognized knowledge, including empirically based
knowledge, relevant to social work and social work ethics.
6. The social worker shall make no
misrepresentation in advertising as to qualifications, competence, service, or
results to be achieved.
(b) Community Service - The social worker
should assist the profession in making social services available to the general
public.
1. The social worker should contribute
time and professional expertise to activities that promote respect for the
utility, the integrity, and the competence of the social work
profession.
2. The social worker
should support the formulation, development, enactment and implementation of
social policies of concern to the profession.
(c) Development of Knowledge - The social
worker should take responsibility for identifying, developing, and fully
utilizing knowledge for professional practice.
1. The social worker should base practice
upon recognized knowledge relevant to social work.
2. The social worker should critically
examine, and keep current with, emerging knowledge relevant to social
work.
3. The social worker should
contribute to the knowledge base of social work and share research knowledge
and practice wisdom with colleagues.
(6) The Social Worker's Ethical Responsibility to Society. The social worker should promote the general welfare of society.
(a) The social worker should act
to prevent and eliminate discrimination against any person or group on the
basis of race, color, sex, age, religion, national origin, marital status,
political belief, mental or physical handicap, or any other preference or
personal characteristic, condition, or status.
(b) The social worker should act to ensure
that all persons have access to the resources, services, and opportunities
which they require.
(c) The social
worker should act to expand choice and opportunity for all persons, with
special regard for disadvantaged or oppressed groups or persons.
(d) The social worker should promote
conditions that encourage respect for the diversity of cultures which
constitute American society.
(e)
The social worker should provide appropriate professional services in public
emergencies.
(f) The social worker
should advocate changes in policy and legislation to improve social conditions
and to promote social justice.
(g)
The social worker should encourage informed participation by the public in
shaping social policies and institutions.
Author: Alabama Board of Social Work Examiners
Statutory Authority: Code of Ala. 1975, §§ 34-30 -22(4) (1996 Supp.); 34-30-57(6) (1991).
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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