24 Del. Admin. Code § 3900-9.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3900-9.0 - Code of Ethics

9.1 Duties to Client

9.1.1 The licensee's primary responsibility is the welfare of the client.

9.1.2 In providing services, the licensee must not discriminate on the basis of age, sex, race, color, religion/ spirituality, national origin, disability, political affiliation, sexual orientation, gender identity, or gender expression.

9.1.3 When a client needs other community services or resources, the licensee has the responsibility to assist the client in securing the appropriate services.

9.1.4 The licensee should refer a client to other service providers in the event that the licensee cannot provide the service requested. In the case of a referral, no commission, rebate or any other remuneration may be given or received for referral of clients for professional services, whether by an individual or an organization.

9.1.5 The licensee must, in cases where professional services are requested by a person already receiving therapeutic assistance from another professional, clarify with the client and the other professional the scope of services and division of responsibility which each professional will provide.

9.1.6 The licensee must maintain appropriate boundaries in interactions with a client. The licensee must not engage in sexual activity with a client. The licensee must not treat a family member or close personal friend where detached judgment or objectivity would be impaired. Business, social or professional relationships with a client (outside of the counseling relationship) should be avoided, where such relationships may influence or impair the licensee's professional judgment.

9.2 Confidentiality/privileged Communications

9.2.1 The licensee must safeguard the confidentiality of information given by clients in the course of client services.

9.2.2 The licensee must discuss with clients the nature of and potential limits to confidentiality that may arise in the course of therapeutic work.

9.2.3 No licensee or employee of such person may disclose any confidential information they may have acquired from clients consulting them in their professional capacity except under the following conditions:

9.2.3.1 With the written consent of the client, the client's guardian in the case of a minor, or in the case of death or disability, of the client's personal representative, or person authorized to sue, or the beneficiary of an insurance policy on the client's life, health or physical condition; or

9.2.3.2 Where the communication reveals the planning of any violent crime or act.

9.2.3.3 When the person waives the privilege by initiating formal charges against the licensee.

9.2.3.4 When otherwise specifically required by law or judicial order.

9.2.4 The disclosure of confidential information, as permitted by subsection 9.2.3, is restricted to what is necessary, relevant, verifiable and based on the recipients' need to know. The licensee should, provided it will not adversely affect the client's condition, inform the client about the nature and scope of the information being disclosed, to whom the information will be released and the purpose for which it is sought.

9.3 Ethical Practice

9.3.1 The licensee must confine social work practice to areas where the licensee is legally authorized to practice and qualified to practice. When necessary the licensee should utilize the knowledge and experience of members of other professions.

9.3.2 The licensee is responsible for providing a clear description of what the client may expect in the way of scheduling services, fees and any other charges or reports

9.3.3 The licensee, or any employee or supervisee of the licensee, must be accurately identified on any bill as the person providing a particular service, and the fee charged the client should be at the licensee's usual and customary rate. Sliding fee scales are permissible.

9.3.4 A licensee employed by an agency or clinic, and also engaged in private practice, must conform to contractual agreements with the employing facility. The licensee must not solicit or accept a private fee or consideration of any kind for providing a service to which the client is entitled through the employing facility.

9.3.5 A licensee having direct knowledge of a colleague's impairment, incompetence or unethical conduct should take adequate measures to assist the colleague in taking remedial action. In cases where the colleague does not address the problem, or in any case in which the welfare of a client appears to be in danger, the licensee should report the impairment, incompetence or unethical conduct to the Board.

9.3.6 The Board has voted to adopt the Voluntary Treatment Option, in accordance with 29 Del.C. § 8735(n).

9.3.7 A licensee should safeguard the welfare of clients who willingly participate as research subjects. The licensee must secure the informed consent of any research participant and safeguard the participant's interests and rights.

9.3.8 In advertising services, the licensee may use any information so long as it describes the licensee's credentials and the services provided accurately and without misrepresentation.

9.4 Clinical Supervision

9.4.1 The licensee should ensure that supervisees inform clients of their status as interns, and of the requirements of supervision (review of records, audiotaping, videotaping, etc.). The client shall sign a statement of informed consent attesting that services are being delivered by a supervisee and that the licensee is ultimately responsible for the services. This document shall include the supervising licensee's name and the telephone number where the licensee can be reached. One copy shall be filed with the client's record and another given to the client. The licensee must intervene in any situation where the client seems to be at risk.

9.4.2 The licensee should inform the supervisee about the process of supervision, including goals, case management procedures, and agency or clinic policies.

9.4.3 The licensee must avoid any relationship with a supervisee that may interfere with the supervisor's professional judgment or exploit the supervisee.

9.4.4 The licensee must refrain from endorsing an impaired supervisee when such impairment deems it unlikely that the supervisee can provide adequate professional services.

9.4.5 The licensee must refrain from supervising in areas outside the licensee's realm of competence.

9.5 All licensees must comply with the Code of Ethics adopted by the National Association of Social Workers.

24 Del. Admin. Code § 3900-9.0

3 DE Reg. 1680 (06/01/00)
20 DE Reg. 490 (12/1/2016)
22 DE Reg. 1028 (6/1/2019)
27 DE Reg. 776 (4/1/2024) (Final)