Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
416 - STATE BOARD OF SOCIAL WORKER LICENSURE
Chapter 10 - DEFINITIONS
Section 416-10-1 - Definitions

Universal Citation: 02 ME Code Rules ยง 416-10-1

Current through 2024-38, September 18, 2024

As used in the rules of the State Board of Social Worker Licensure, unless the context otherwise indicates, the following terms have the following meanings:

1. Accredited program. An "accredited program" is a program accredited by the Council on Social Work Education or similar accrediting organization.

2. ASWB. "ASWB" is Association of Social Work Boards.

3. Bachelor's degree. "Bachelor's degree" is a baccalaureate degree conferred by a college or university located in the United States that has been accredited by an accrediting agency recognized by the United States Department of Education or conferred by an institution located outside the United States and recognized as equivalent to a bachelor's degree by the International Social Work Degree Recognition and Evaluation Service of the Department of Social Work Accreditation.

4. Clinical concentration. "Clinical concentration" is course content in a Master of Social Work (MSW) degree consisting of:

A. A minimum of 2 graduate courses in personality theory, 1 of which focused on adult psychopathology, and the other on normal growth and development. (Advanced standing MSW students are not required to separately complete coursework on normal growth and development at the graduate level); and

B. One of the following groupings:
(1) Four graduate clinical methods courses in practice with individuals, couples, families and groups;

(2) Three clinical methods courses and 1 additional course in personality theory.

5. Clinical social work practice. "Clinical social work practice" is the practice of social work in a clinical setting. "Clinical social work practice" is the professional application of social work theory and methods to the evaluation, diagnosis, treatment and prevention of psychosocial dysfunction, disability or impairment, including emotional and mental disorders. "Clinical social work practice" is based on knowledge and theory of psychosocial development, behavior, psychopathology, unconscious motivation, interpersonal relationships, environmental stress, social systems, and cultural diversity with particular attention to person-in-environment. Clinical social work practice shares with all social work practice the goal of enhancement and maintenance of psychosocial functioning of individuals, families and small groups.

6. Contact hour. A "contact hour" is 60 minutes of participation in a continuing professional education activity described in Chapter 14.

7. Doctoral degree. "Doctoral degree" is a doctoral degree conferred by a college or university located in the United States that has been accredited by an accrediting agency recognized by the United States Department of Education or conferred by an institution located outside the United States and recognized as equivalent to a doctoral degree by the International Social Work Degree Recognition and Evaluation Service of the Department of Social Work Accreditation.

8. Field sufficiently related to social work or social welfare. "Field sufficiently related to social work or social welfare" includes, but is not limited to, behavioral science, social and behavioral sciences, childhood development, education, human development, mental health and human services, psychology, educational psychology, rehabilitation services, and sociology.

9. Major sexual violation. "Major sexual violation" is the more serious of the 2 levels of sexual misconduct. A major sexual violation consists of any conduct by a social worker with a client or another individual described in these rules that is overtly sexual or may be reasonably interpreted as overtly sexual, even when initiated or consented to by a client, including but not limited to:

A. Sexual intercourse or genital to genital contact;

B. Oral to genital contact;

C. Oral to anal contact or genital to anal contact;

D. Kissing in a sexual manner (e.g., kissing on the lips);

E. Any touching of a body part for any purpose other than appropriate comfort, or where the client has refused or has withdrawn consent;

F. Performing or offering to perform any service, or providing or offering to provide any consideration, of any kind in exchange for sexual favors.

10. Master's degree. "Master's degree" is a master's degree conferred by a college or university located in the United States that has been accredited by an accrediting agency recognized by the United States Department of Education or conferred by an institution located outside the United States and recognized as equivalent to a master's degree by the International Social Work Degree Recognition and Evaluation Service of the Department of Social Work Accreditation.

11. Minor sexual violation. "Minor sexual violation" is the less serious of the 2 levels of sexual misconduct. A minor sexual violation consists of words, gestures, expressions or behaviors by the social worker that are seductive, sexually suggestive, sexualized or sexually demeaning to a client or another individual described in these rules, including but not limited to:

A. Kissing;

B. Inappropriate comments about or to a client, including but not limited to sexual comments about a client's body or underclothing;

C. Criticism of the client's sexual orientation or gender identity;

D. Comments about the client's sexual performance when not clinically indicated;

E. Requests for details of sexual likes or dislikes when not clinically indicated;

F. Use of the social worker-client relationship to solicit a date or initiate a romantic relationship; or

G. Initiation or participation by the social worker of conversation regarding the sexual problems, preferences or fantasies of the social worker or client when not clinically indicated.

12. Organic mental illness. "Organic mental illness" means any decrease in mental functioning in which the cause is not attributable to psychiatric illness, which includes damage from physical trauma, anoxic injury, damage from chemicals or toxins, infection, cancer, and degenerative diseases, including Alzheimer's disease, Huntington's disease, Parkinson's disease, and Creutzfeldt-Jakob disease.

13. Organic treatment. "Organic treatment" is any treatment directly affecting the organs of the body, e.g., medication and any type of direct physical treatment.

14. Psychopathology. For purposes of "psychosocial evaluation" as defined in 32 M.R.S. §7001-A(10), "psychopathology" is a severe and protracted change in behavioral, affective, cognitive or biological functioning including but not limited to:

A. Behavioral
(1) Impairment in ability to understand one's behavior and its consequences;

(2) Impairment in ability to control one's behavior; or

(3) Inability to maintain occupational, educational or other basic social functioning.

B. Affective
(1) Significant depression; or

(2) Excessive elation or irritability.

C. Cognitive
(1) Impairments/errors in judgment;

(2) Confusion/disorientation;

(3) Illogical thinking, thoughts of suicide or assaultiveness; or

(4) Hallucinations, delusions.

D. Biological
(1) Eating disturbance;

(2) Sleeping disturbance;

(3) Unexplained pain;

(4) Bowel disturbance; or

(5) Substance use disorder.

15. Sexual misconduct. "Sexual misconduct" by a social worker is nondiagnostic, nontherapeutic behavior that exploits the social worker-client relationship in a sexual way. Sexual misconduct includes both major sexual violations and minor sexual violations and includes violations that occur during in-person interaction or through electronic communication, including but not limited to communication via email, text messaging, and social media.

16. Social service delivery field. "Social service delivery field" means a field in which services are provided to advance human welfare, especially with regard to disadvantaged or vulnerable persons or groups.

17. Social work employment. "Social work employment" means work in the social service delivery field that is compensated financially.

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