N.J. Admin. Code § 13:44G-10.7
Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:44G-10.7 - Sexual misconduct, harassment; discrimination(a) As used in this section, the following terms shall have the following meanings unless the context indicates otherwise: 1. "Client" means any person who is the recipient of a professional social work service rendered by a social worker. "Client," for purposes of this section, also means a person who is the recipient of professional social work services even if those services are unrelated to ongoing social work services.2. "Client-social worker relationship" means an association between a social worker and a client wherein the social worker owes a continuing duty to the client to be available to render professional social work services consistent with his or her training and experience.3. "Harassment" means deliberate or repeated comments, contacts, or gestures which intimidate or offend an individual on the basis of that individual's race, religion, color, national origin, marital status, sexual orientation, physical or mental disability or any other preference or personal characteristic, condition or status.4. "Sexual contact" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the social worker's own prurient interest or for sexual arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a part of the licensee's body upon a part of the client's body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or client's body into or near the genital, anal or other opening of the other person's body.5. "Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or non-verbal conduct that is sexual in nature, and which occurs in connection with a social worker's activities or role as a provider of social work services, and that is unwelcome, offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may include conduct of a non-sexual nature if it is based upon the gender of an individual. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to conduct of a licensee with a client, co-worker, employee, student, or supervisee whether or not such individual is in a subordinate position to the licensee.(b) A social worker shall not accept as a client an individual who was the social worker's sexual partner.(c) A social worker shall not engage in sexual contact with a client with whom the social worker has a client-social worker relationship, a former client to whom any social work services were rendered within the immediately preceding 24 months, a current student, a supervisee or supervisor or a research participant. 1. The 24 month limitation shall not apply, and the prohibition shall extend indefinitely, in circumstances where the former client is or should be recognized by the social worker as clearly vulnerable by reason of emotional or cognitive disorder to exploitive influence by the social worker.(d) A social worker shall not condone or engage in sexual harassment or harassment.(e) A social worker shall not condone or engage in any form of discrimination on the basis of an individual's race, age, religion, color, national origin, marital status, gender, sexual orientation, gender identity, physical or mental disability, or any other preference or personal characteristic, condition or status.(f) A social worker shall not seek or solicit sexual contact with a client, and shall not seek or solicit sexual contact with any person in exchange for professional services.(g) A social worker shall not engage in any discussion of an intimate sexual nature with a client, unless that discussion is related to legitimate client needs. Such discussion shall not include disclosure by the social worker of his or her own intimate sexual relationships.(h) A social worker shall not promote, permit or condone sexual contact between group members in therapy groups.(i) A social worker shall not engage in any other activity which would lead a reasonable person to believe that the activity serves the social worker's personal prurient interests, is for the sexual arousal or the sexual gratification of the social worker or the client, or constitutes the sexual abuse of the social worker or the client.(j) It shall not be a defense to any action under this section that: 1. The client solicited or consented to sexual contact with the social worker; or2. The social worker was in love with or had affection for the client.(k) Violation of any of the prohibitions or directives set forth herein shall be deemed to constitute gross or repeated malpractice pursuant to 45:1-21(c) or (d) or professional misconduct pursuant to 45:1-21(e).N.J. Admin. Code § 13:44G-10.7
Amended by 50 N.J.R. 2017(a), effective 9/17/2018