Current through August 31, 2023
The profession of social work is dedicated to serving people;
the professional relationship between social workers and clients thus is
governed by the highest moral and ethical values. The client is in a vulnerable
role that extends beyond the time frame of actual services. In both social and
professional interactions, this vulnerability is taken into consideration
whether the person is currently or has been a client. Following is the Code of
Professional Conduct: (3-28-23)
01.
The Social Worker's Ethical Responsibility to Clients. (3-28-23)
a. For the purpose of this Code of
Professional Conduct, a client is anyone for whom the social worker provides
social work services directly or indirectly through consultations, staffings,
or supervision with other professionals. (3-28-23)
b. The social worker will not commit fraud
nor misrepresent services performed. (3-28-23)
c. The social worker will not solicit the
clients of an agency for which they provide services for his private practice.
(3-28-23)
d. The social worker will
not divide a fee or accept or give anything of value for receiving or making a
referral. (3-28-23)
e. The social
worker will provide clients with accurate and complete information regarding
the extent and nature of the services available to them. (3-28-23)
f. The social worker will terminate service
to clients, and professional relationships with them, when such service and
relationships are no longer required or in which a conflict of interest arises.
(3-28-23)
g. A social worker may
not violate a position of trust by knowingly committing any act detrimental to
a client. (3-28-23)
h. A social
worker may not exploit their professional relationships with clients (or former
clients), supervisees, supervisors, students, employees, or research
participants, sexually or otherwise. Social workers will not condone or engage
in sexual harassment. Sexual harassment is defined as deliberate or repeated
comments, gestures, or physical contacts of a sexual nature that are unwelcomed
by the recipient. (3-28-23)
i. A
social worker may not engage in romantic or sexual acts with a client or with a
person who has been a client within the past three (3) years, with a relative
of a client, or with a person with whom the client maintains a close personal
relationship when it has the potential to be harmful to the client. A social
worker must not provide social work services to a person with whom he/she has
had a romantic or sexual relationship. (3-28-23)
02.
The Social Worker's Conduct and
Comportment as a Social Worker. (3-28-23)
a. In providing services, a social worker may
not discriminate on the basis of age, gender, race, color, religion, national
origin, mental status, physical disability, social or economic status,
political belief, or any other preference or personal characteristic, condition
or status. (3-28-23)
b. Social
workers may not undertake any activity in which their personal problems are
likely to lead to inadequate performance or harm to a client, colleague,
student, or research participant. If engaged in such activity when they become
aware of their personal problems, they must seek competent professional
assistance to determine whether they should suspend, terminate, or limit the
scope of their professional activities. (3-28-23)
c. A social worker may not practice while
impaired by medication, alcohol, drugs, or other chemicals. A social worker may
not practice under a mental or physical condition that impairs the ability to
practice safely. (3-28-23)
d. A
social worker may not repeatedly fail to keep scheduled appointments.
(3-28-23)
e. The social worker who
anticipates the termination or interruption of service to clients must notify
clients promptly and seek the transfer, referral, or continuation of services
in relation to the clients' needs and preferences. (3-28-23)
f. The social worker must attempt to make
appropriate referrals as indicated by the client's need for services.
(3-28-23)
g. A social worker must
obtain the client's or legal guardian's informed written consent when a client
is to be involved in any research project. A social worker must explain the
research, including any implications. (3-28-23)
h. The social worker must obtain informed
consent of clients before taping, recording, or permitting third party
observation of their activities. (3-28-23)
i. A social worker must safeguard information
given by clients in providing client services. Except when required by law or
judicial order, a social worker must obtain the client's informed written
consent before releasing confidential information from the setting or facility
except for compelling reasons defined as but not limited to: (3-28-23)
i. Consultation with another professional on
behalf of the client thought to be dangerous to self or others;
(3-28-23)
ii. Duty to warn pursuant
to Chapter 19, Title 6, Idaho Code; (3-28-23)
iii. Child abuse and sexual molestation
pursuant to Chapter 16, Title 16, Idaho Code; and (3-28-23)
iv. Any other situation in accordance with
statutory requirements. (3-28-23)
j. A social worker must report any violation
of the law or rules, including Code of Professional Conduct, by a person
certified under Chapter 32, Title 54, Idaho Code. (3-28-23)
03.
Competent Practice for Social
Workers. All social workers must practice in a competent manner
consistent with their level of education, training and experience. (3-28-23)
a. A social worker must only represent
himself and practice within the boundaries of his education, training,
licensure level, supervision, and other relevant professional experience.
(3-28-23)
b. A social worker must
only practice within new areas or use new intervention techniques or approaches
after engaging in appropriate study, training, consultation, or supervision.
(3-28-23)
c. A social worker must
exercise careful judgment, when generally recognized standards do not exist
with respect to an emerging area of practice, and take responsible steps to
ensure the competence of his practice. (3-28-23)
04.
The Advertising Rules for Social
Workers. No social worker may disseminate or cause the dissemination of
any advertisement or advertising that is any way fraudulent, false, deceptive
or misleading. Any advertisement or advertising is deemed by the board to be
fraudulent, false, deceptive, or misleading if it: (3-28-23)
a. Contains a misrepresentation of fact; or
(3-28-23)
b. Is misleading or
deceptive because in its content or in the context in which it is presented it
makes only a partial disclosure of relevant facts. More specifically, it is
misleading and deceptive for a social worker to advertise free services or
services for a specific charge when in fact the social worker is transmitting a
higher charge for the advertised services to a third party payor for payment or
charges the patient or a third party. It is misleading and deceptive for a
social worker or a group of social workers to advertise a social work referral
service or bureau unless the advertisement specifically names each of the
individual social workers who are participating in the referral service or
bureau. (3-28-23)
c. Creates false
or unjustified expectations of beneficial treatment or successful outcomes; or
(3-28-23)
d. Fails to identify
conspicuously the social worker or social workers referred to in the
advertising as a social worker or social workers; or (3-28-23)
e. Contains any representation or claims, as
to which the social worker, referred to in the advertising, fails to perform;
or (3-28-23)
f. Contains any
representation which identifies the social worker practice being advertised by
a name which does not include the terms "social worker," "social work," or some
easily recognizable derivation thereof; or (3-28-23)
g. Contains any representation that the
practitioner has received any license or recognition by the state of Idaho or
its authorized agents, which is superior to the license and recognition granted
to any social worker who successfully meets the licensing requirements of
Chapter 32, Title 54, Idaho Code; or (3-28-23)
h. Appears in any classified directory,
listing, or compendium under a heading, which when considered together with the
advertisement, has the capacity or tendency to be deceptive or misleading with
respect to the profession or professional status of the social worker; or
(3-28-23)
i. Contains any other
representation, statement, or claim which is misleading or deceptive.
(3-28-23)
05.
Dual
Relationships. A social worker may not engage in dual or multiple
relationships with clients, with relatives of a client, or with individuals
with whom clients maintain close personal relationships, in which a reasonable
and prudent social worker would conclude after appropriate assessment that
there is a risk of harm or exploitation to the client or of impairing a social
worker's objectivity or professional judgment. A dual or multiple relationship
is a relationship that occurs when a social worker interacts with a client in
more than one capacity, whether it be before, during, or after the
professional, social, or business relationship. Dual or multiple relationships
can occur simultaneously or consecutively. After an appropriate assessment that
the relationship does not create a risk of harm or exploitation to the client
and will not impair a social worker's objectivity or professional judgment, the
social worker must document in case records, prior to the interaction, when
feasible, the rationale for such a relationship, the potential benefit to the
client, and anticipated consequences for the client. (3-28-23)
06.
Business Relationships. A
social worker may not purchase goods or services from a client or otherwise
engage in a business relationship with a client except when: (3-28-23)
a. The client is providing necessary goods or
services to the general public; (3-28-23)
b. A reasonable and prudent social worker
would determine that it is not practical or reasonable to obtain the goods or
services from another provider; and (3-28-23)
c. A reasonable and prudent social worker
would determine that engaging in the business relationship will not be
detrimental to the client or the professional relationship.
(3-28-23)
07.
Bartering. Bartering is the acceptance of goods, services, or
other nonmonetary remuneration from a client in return for a social worker's
services. Social workers may not barter except when such arrangement is not
exploitative and: (3-28-23)
a. Is initiated by
the client and with the client's written informed consent; and
(3-28-23)
b. Has an easily
determined fair market value of the goods or services received.
(3-28-23)