Idaho Administrative Code
Title IDAPA 24 - Occupational and Professional Licenses, Division of
Rule 24.14.01 - RULES OF THE STATE BOARD OF SOCIAL WORK EXAMINERS
Section 24.14.01.450 - STATEMENT OF PUBLIC POLICY AND CODE OF PROFESSIONAL CONDUCT

Universal Citation: ID Admin Code 24.14.01.450

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)

Disclaimer: These regulations may not be the most recent version. Idaho 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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