Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
3900 - Board of Social Work Examiners
Section 3900-9.0 - Code of Ethics
Universal Citation: 24 DE Admin Code 3900-9.0
Current through Register Vol. 28, No. 3, September 1, 2024
9.1 Duties to Client
9.1.1 The licensee's primary
responsibility is the welfare of the client.
9.1.2 In providing services, the licensee
must not discriminate on the basis of age, sex, race, color, religion/
spirituality, national origin, disability, political affiliation, sexual
orientation, gender identity, or gender expression.
9.1.3 When a client needs other community
services or resources, the licensee has the responsibility to assist the client
in securing the appropriate services.
9.1.4 The licensee should refer a client to
other service providers in the event that the licensee cannot provide the
service requested. In the case of a referral, no commission, rebate or any
other remuneration may be given or received for referral of clients for
professional services, whether by an individual or an organization.
9.1.5 The licensee must, in cases where
professional services are requested by a person already receiving therapeutic
assistance from another professional, clarify with the client and the other
professional the scope of services and division of responsibility which each
professional will provide.
9.1.6
The licensee must maintain appropriate boundaries in interactions with a
client. The licensee must not engage in sexual activity with a client. The
licensee must not treat a family member or close personal friend where detached
judgment or objectivity would be impaired. Business, social or professional
relationships with a client (outside of the counseling relationship) should be
avoided, where such relationships may influence or impair the licensee's
professional judgment.
9.2 Confidentiality/privileged Communications
9.2.1 The licensee must safeguard the
confidentiality of information given by clients in the course of client
services.
9.2.2 The licensee must
discuss with clients the nature of and potential limits to confidentiality that
may arise in the course of therapeutic work.
9.2.3 No licensee or employee of such person
may disclose any confidential information they may have acquired from clients
consulting them in their professional capacity except under the following
conditions:
9.2.3.1 With the written consent
of the client, the client's guardian in the case of a minor, or in the case of
death or disability, of the client's personal representative, or person
authorized to sue, or the beneficiary of an insurance policy on the client's
life, health or physical condition; or
9.2.3.2 Where the communication reveals the
planning of any violent crime or act.
9.2.3.3 When the person waives the privilege
by initiating formal charges against the licensee.
9.2.3.4 When otherwise specifically required
by law or judicial order.
9.2.4 The disclosure of confidential
information, as permitted by subsection 9.2.3, is restricted to what is
necessary, relevant, verifiable and based on the recipients' need to know. The
licensee should, provided it will not adversely affect the client's condition,
inform the client about the nature and scope of the information being
disclosed, to whom the information will be released and the purpose for which
it is sought.
9.3 Ethical Practice
9.3.1 The licensee must
confine social work practice to areas where the licensee is legally authorized
to practice and qualified to practice. When necessary the licensee should
utilize the knowledge and experience of members of other professions.
9.3.2 The licensee is responsible for
providing a clear description of what the client may expect in the way of
scheduling services, fees and any other charges or reports
9.3.3 The licensee, or any employee or
supervisee of the licensee, must be accurately identified on any bill as the
person providing a particular service, and the fee charged the client should be
at the licensee's usual and customary rate. Sliding fee scales are
permissible.
9.3.4 A licensee
employed by an agency or clinic, and also engaged in private practice, must
conform to contractual agreements with the employing facility. The licensee
must not solicit or accept a private fee or consideration of any kind for
providing a service to which the client is entitled through the employing
facility.
9.3.5 A licensee having
direct knowledge of a colleague's impairment, incompetence or unethical conduct
should take adequate measures to assist the colleague in taking remedial
action. In cases where the colleague does not address the problem, or in any
case in which the welfare of a client appears to be in danger, the licensee
should report the impairment, incompetence or unethical conduct to the
Board.
9.3.6 The Board has voted to
adopt the Voluntary Treatment Option, in accordance with 29 Del.C. §
8735(n).
9.3.7 A licensee should safeguard the welfare
of clients who willingly participate as research subjects. The licensee must
secure the informed consent of any research participant and safeguard the
participant's interests and rights.
9.3.8 In advertising services, the licensee
may use any information so long as it describes the licensee's credentials and
the services provided accurately and without misrepresentation.
9.4 Clinical Supervision
9.4.1 The licensee should ensure that
supervisees inform clients of their status as interns, and of the requirements
of supervision (review of records, audiotaping, videotaping, etc.). The client
shall sign a statement of informed consent attesting that services are being
delivered by a supervisee and that the licensee is ultimately responsible for
the services. This document shall include the supervising licensee's name and
the telephone number where the licensee can be reached. One copy shall be filed
with the client's record and another given to the client. The licensee must
intervene in any situation where the client seems to be at risk.
9.4.2 The licensee should inform the
supervisee about the process of supervision, including goals, case management
procedures, and agency or clinic policies.
9.4.3 The licensee must avoid any
relationship with a supervisee that may interfere with the supervisor's
professional judgment or exploit the supervisee.
9.4.4 The licensee must refrain from
endorsing an impaired supervisee when such impairment deems it unlikely that
the supervisee can provide adequate professional services.
9.4.5 The licensee must refrain from
supervising in areas outside the licensee's realm of competence.
9.5 All licensees must comply with the Code of Ethics adopted by the National Association of Social Workers.
Disclaimer: These regulations may not be the most recent version. Delaware 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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