La. Admin. Code tit. 46 § XXV-113

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXV-113 - Social Work Relationships

A. Exploitation. A social worker's duty requires the promotion and advancement of the best interests and welfare of clients, students and supervisees with whom the social worker has a professional social work relationship. It is a breach of this duty for a social worker to use the professional relationship to promote or advance the social worker's emotional, financial, sexual or personal needs. Examples of exploitative behavior may include, but are not limited to, the following:

1. inappropriately disclosing aspects of the social worker's life or personal problems;

2. seeking out or accepting advice or consultation from a client on financial, personal, real estate or other business matters;

3. hiring or bartering for services of a personal nature with the client, supervisee or student at the social worker's office, home or other location;

4. entering into a sale, lease, or joint venture or other business venture with a client, supervisee or student;

5. encouraging planned social meetings or contacts between the social worker and the client such as meals, parties, sporting and recreational events or similar functions; as distinguished from unplanned or unavoidable meetings at which both the social worker and the client are in attendance; and further distinguished from such activities where social workers are legitimately expected to participate in such events;

6. inappropriate touching, holding, kissing or physical contact between social worker and client, supervisee or student;

7. giving or exchanging inappropriate gifts, gratuitous services, or personal items between the social worker and the client, supervisee or student.

B. Dual Relationships. Social workers have an affirmative duty to maintain the best interest of clients and former clients as the predominant consideration during the existence of the social worker/client relationship and thereafter. While clients and former clients with whom the social worker has or had a clinical/therapeutic relationship are at greater risk, any relationship with a client or a former client exposes clients and former clients to a risk of exploitation. Social workers shall be aware, even in those instances where other relationships are not specifically prohibited, that the social worker by promoting, encouraging, or participating in any relationship with a client or former client runs a risk of exploitation.

1. Personal Relationships with Clinical/Therapeutic Clients. A social worker shall not engage in a personal relationship with a clinical/therapeutic client. When a social worker may not avoid a personal relationship with a clinical/therapeutic client, the social worker shall take necessary protective measures consistent with the best interests of the clinical/therapeutic client.

2. Personal Relationships with Former Clinical/Therapeutic Clients. A social worker may engage in a personal relationship, except as prohibited by §113. B 4, with a former clinical/therapeutic client, if the former clinical/therapeutic client was notified of the termination of the professional relationship. The social worker has a continuing duty to safeguard the best interests of the former clinical/therapeutic client.

3. Sexual Intimacy or Contact with a Client, Supervisee or Student. A social worker shall not engage in or request sexual intimacy or contact as defined in §113. B 5, with a client, a client's spouse or former spouse, any member of the client's immediate family or with any person with whom the client has a sexual relationship. The prohibition of this rule extends to supervisees and students during such times and under such circumstances where the social worker is in a supervisory or teaching relationship. This rule also expressly prohibits social workers from engaging in any behavior which a reasonable person would find sexually stimulating, seductive or sexually demeaning when such behavior is either directed toward or exhibited in the presence of any person with whom sexual contact is otherwise prohibited by this rule. Social workers shall not sexually harass a client, colleague, fellow workers, supervisee or student.

4. Sexual Intimacy or Contact with a Former Client. A social worker who has provided clinical/therapeutic social work services, such as counseling or the diagnosis or treatment of mental and emotional disorders with individuals, couples, families, or treatment groups, shall not engage in or request sexual intimacy or contacts as defined in §113. B 5, is prohibited from engaging in or requesting sexual intimacy or contacts with a former client within five years from documented termination. Any social worker who engages in sexual intimacy or contacts as defined in §113. B.5 with a former client within five years of documented termination of services shall be subject to disciplinary action for violations under R.S. 37:2717(A)(4) and (7).

a. A social worker who engages in such sexual intimacy or contacts as defined in §113. B.5 after five years from the documented termination of services without first obtaining a consultation from an independent and unrelated LCSW, documenting the assessment of no exploitative potential or harm as required by this rule, shall be subject to disciplinary action for violations under R.S. 37:2717(A)(4) and (7). The consultation shall assess and document the lack of exploitative potential or harm from such sexual intimacy after considering the relevant factors and include the following:

i. the amount of time that has passed since therapy terminated;

ii. the nature, duration, and intensity of the therapy;

iii. the circumstances of termination;

iv. the client's personal history;

v. the client's current mental status;

vi. the likelihood of adverse impact on the client; and

vii. any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a posttermination sexual or romantic relationship with the client.

b. A social worker who has provided nonclinical services to a client, such as resource/service brokerage, referral, consultation, training/skill development, or other services that are brief or indirect in nature, shall not enter into a sexual relationship with a former client upon the documented termination of services when a reasonable, prudent social worker would conclude after appropriate assessment that such would pose an unacceptable risk of harm to the client.

5. Sexual Intimacy or Contact Defined. Sexual intimacy or contact is defined as any contact or any other conduct which reasonably could lead to sexual arousal, whether verbal or nonverbal, including, but not limited to, sexual touching, sexual intercourse (i.e. genital, anal or oral), masturbation, whether clothed or unclothed, by either the social worker or the client. Sexual intimacy also includes phone sex, cyber-sex and other electronic or printed communication which reasonably could lead to sexual arousal.

6. Business Relationship with a Client, Supervisee or Student. A social worker shall not engage in any type of business relationship other than the provision of social work services, including social work supervision. Business relationships do not include purchases made by the social worker from the client, supervisee or student when they are providing necessary goods or services to the general public.

7. Business Relationship with a Former Client. The social worker has a continuing duty to safeguard the best interests of the former client.

8. Prior Personal or Business Relationships. A social worker should exercise caution before engaging in a professional relationship with an individual with whom the social worker had a previous personal or business relationship.

9. Social Worker Responsibility. A social worker shall be solely responsible for acting appropriately in regard to relationships with clients or former clients. A client or a former client's initiation of a personal, sexual, or business relationship shall not be a defense by the social worker for a violation of §113. B 1-8.

La. Admin. Code tit. 46, § XXV-113

Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 26:297 (February 2000), amended LR 29:2381 (November 2003), LR 34:246 (February 2008), Amended by the Department of Health, Board of Social Work Examiners, LR 43959 (5/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2705(C).