Illinois Administrative Code
Title 68 - PROFESSIONS AND OCCUPATIONS
Part 1470 - CLINICAL SOCIAL WORK AND SOCIAL WORK PRACTICE ACT
Section 1470.96 - Unethical, Unauthorized and Unprofessional Conduct
Universal Citation: 68 IL Admin Code ยง 1470.96
Current through Register Vol. 48, No. 38, September 20, 2024
a) The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action based upon its finding of dishonorable, unethical, or unprofessional conduct within the meaning of Section 19 of the Act, which is interpreted to include, but is not limited to, the following acts or practices:
1) Practicing or offering to practice beyond
one's competency (for example, providing services and techniques for which one
is not qualified by education, training and experience);
2) Revealing facts, data or information
relating to a client or examinee, except as allowed under Section 16 of the Act
or under the Mental Health and Developmental Disabilities Confidentiality Act
[740 ILCS 110]. The release of information "with the consent of the client" as
provided for in Section 16 of the Act is interpreted to mean that the social
worker, prior to the release of the information, obtained written consent and
made certain that the client understood the possible uses or distributions of
the information. Case history material may be used for teaching or research
purposes or in textbooks or other literature, provided that proper precautions
are taken to conceal the identity of the client(s) or examinee(s)
involved;
3) Making gross or
deliberate misrepresentations or misleading claims as to the licensee's
professional qualifications or of the efficacy or value of his/her treatments
or remedies, or those of another practitioner;
4) Failing to inform prospective research
subjects or their authorized representative fully of potential serious after
effects of the research or failing to remove the after effects as soon as the
design of the research permits;
5)
Refusing to divulge to the Division techniques or procedures used in the
licensee's professional activities upon request;
6) Directly or indirectly giving to or
receiving from any person, firm or corporation any fee, commission, rebate or
other form of compensation for any professional services not actually rendered.
Social workers shall not participate in illegal fee-splitting arrangements, nor
shall they give or accept kickbacks for referrals. However, it is not unethical
for social workers to utilize referral services for which a fee is charged, nor
to participate in contractual arrangements under which they agree to discount
fees;
7) Impersonating another
person holding a clinical social work or social work license or allowing
another person to use the licensee's license;
8) Committing any dishonest, corrupt or
fraudulent act that is substantially related to the functions or duties of a
social worker providing services or supervising services;
9) Committing any act of sexual misconduct,
sexual abuse or sexual relations with one's client, patient, student supervisee
or with an ex-client within 24 months after termination of treatment;
10) Entering a treatment relationship in
which professional judgment may be compromised by prior association with or
knowledge of a client;
11)
Permitting an intern or trainee under the social worker's supervision to
perform, or to pretend to be competent to perform, professional services beyond
the trainee's or intern's level of training. Disclosure of the intern's status
and the name of the supervisor is required;
12) Submitting fraudulent claims for services
to any person or entity including, but not limited to, health insurance
companies or health service plans or third party payors;
13) Failing to disclose conflicts of
interests, dual relationships between social worker and clients, and/or
obligations associated with service that might affect the client's decision to
enter into or continue the relationship;
14) Discriminating based on race, gender,
religion, national origin, political affiliation, social or economic status,
choice of lifestyle or sexual orientation;
15) Knowingly providing services to a client
when the social worker's objectivity or effectiveness is impaired. A social
worker who becomes impaired and unable to function according to the standards
of practice may be subject to disciplinary action if an active practice
continues. Causes of impairment may include, but are not limited to, the abuse
of mood altering chemicals and physical or mental problems;
16) Failing to insure that all records and
written data are stored using security measures that prevent access to records
by unauthorized persons. Social workers are responsible for insuring that the
content and disposition of all records are in compliance with all relevant
State laws and rules.
b) The Division hereby incorporates by reference:
1) the "Code of Ethics of the National
Association of Social Workers", National Association of Social Workers, 750
First Street NE, Suite 700, Washington, D.C. 20002-4241, June 1, 2021, with no
later amendments or editions;
2)
the "Code of Ethics", Clinical Social Work Association, P.O. Box 105,
Granville, Ohio 43023, April 2016, with no later amendments or
editions.
Disclaimer: These regulations may not be the most recent version. Illinois 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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