Current through 2024-38, September 18, 2024
The statutory grounds for discipline set forth in this
subsection shall have the following meanings:
1.
Practice of Fraud or Deceit
A. The practice of fraud or deceit in
obtaining a license includes, but is not limited to:
(1) Falsification or misrepresentation of
education or experience of an applicant;
(2) Falsification or misrepresentation of a
recommendation from a consultant or peer;
(3) Cheating on a licensure
examination;
(4) Intentionally
withholding or misrepresenting any information requested on the application,
including any information regarding criminal or disciplinary action taken by
any state against an applicant; or
(5) Impersonating another
applicant.
B. The
practice of fraud or deceit in connection with services rendered as a social
worker includes, but is not limited to:
(1)
Intentionally practicing or attempting to practice, or aiding another to
practice, beyond the scope of the license held;
(2) Intentionally misrepresenting the type or
status of license held or qualifications to practice;
(3) Committing or aiding another to commit
fraud, deceit or corruption in billing, payment or insurance reimbursement
procedures;
(4) Intentionally
false, misleading, or deceptive advertising; or
(5) Impersonating another licensee.
2.
Aiding or
Abetting Unlicensed Practice
Aiding or abetting a person not duly licensed as a social
worker or other licensed health care practitioner to represent themself as
licensed includes, but is not limited to:
A. Assisting another to perform duties beyond
the scope of the person's license or to perform duties that require licensure
without a license;
B. Knowingly
supervising or providing consultation to an unlicensed person representing
themself as licensed, or to a licensed person practicing beyond the scope of
the license; or
C. Knowingly making
referrals to an unlicensed person representing themself as licensed, or to a
licensed person practicing beyond the scope of the license.
3.
Misconduct
Misconduct in the practice of professional social work
includes, but is not limited to:
A.
Intentionally or recklessly causing physical or emotional harm to a
client;
B. Failing to maintain the
confidentiality of client information, except as otherwise required by
law;
C. Practicing social work when
physical or mental ability to practice is impaired by physical, psychological
or mental impediment;
D. Practicing
social work when physical or mental ability to practice is impaired by
substances;
E. Use of alcohol or
drugs, including but not limited to the recreational or medical use of
marijuana or recreational use of tobacco, with a client;
F. Failure of a social worker to adequately
supervise a supervisee, intern, student, or other person over whom the social
worker has supervisory responsibilities;
G. Failure of a consultant social worker to
adequately perform the obligations of the consultancy or clinical
internship;
H. Failure of a social
worker with consulting, monitoring or supervisory responsibilities in
connection with a board order or consent agreement to adequately perform the
obligations of the engagement;
I.
Failure of a licensed social worker conditional or a licensed social worker to
receive the consultation required by Chapter 13 of the board's rules;
J. Practicing or attempting to practice
beyond the scope of licensure;
K.
Abandoning or neglecting a client in need of social work assistance;
L. Advertising in a false, misleading or
deceptive manner;
M. Paying,
accepting, or soliciting any payment or consideration for the referral of a
client;
N. Falsifying or
inaccurately recording client records;
O. Exercising undue influence on a client,
including the promotion for sale of goods, services or drugs, so as to exploit
the client for the financial gain of the social worker; or
P. Failure to report incidences of child or
adult abuse or neglect as mandated by state law.
4.
Applicable Code of Ethics
The Board incorporates by reference the Code of Ethics
adopted by the National Association of Social Workers (NASW), approved by the
1996 NASW Delegate Assembly and revised by the NASW Delegate Assembly in 2020,
© 2021. The NASW Code of Ethics may be obtained from:
National Association of Social Workers
750 First Street, NE, Suite 800
Washington, DC 20002-4241
http://www.socialworkers.org
800-742-4089
In the event of any conflict or inconsistency between the
NASW Code of Ethics and this chapter, the provisions of this chapter shall
govern.
Any violation of the NASW Code of Ethics is a ground for
discipline pursuant to 10 M.R.S. § 8003 (5-A)(A)(2).
5.
Sexual Misconduct
Misconduct in the practice of professional social work
includes, but is not limited to:
A.
Engaging in sexual misconduct with a client;
B. Engaging in sexual misconduct with a
former client;
C. Engaging in
sexual misconduct with a family member, including but not limited to a parent,
grandparent, stepparent, sibling, stepsibling, child or stepchild, of a client
or former client the client status of whom is known to the social worker at the
time of the sexual misconduct;
D.
Engaging in sexual misconduct with a current or former spouse or significant
other of a client or former client, the client status of whom is known to the
social worker at the time of the sexual misconduct;
E. Engaging in sexual misconduct with a
current or former social work client who is receiving or has received services
from the immediate agency or office where the social worker works in a
professional capacity, the client status of whom is known to the social worker
at the time of the sexual misconduct; or
F. Engaging in sexual misconduct with a
supervisee of the social worker.
It is an affirmative defense to the violations described in
paragraphs (B) - (F) of this subsection -
- that the client or former client has not been exploited,
coerced, or intentionally or unintentionally manipulated by the social worker;
and
- that the emotional stability and mental health of the
client or former client has not been jeopardized or adversely affected by the
violation.
The social worker bears the full burden of proving all
elements of this affirmative defense. This affirmative defense is not available
to excuse violations of paragraph (A) of this subsection,
i.e., engaging in sexual misconduct with a
client.
