Mo. Code Regs. tit. 20 § 2263-3.040
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 20 CSR 2263-3.040 - Client RelationshipsPURPOSE: This amendment updates terminology from "member(s) of the profession" to "licensee(s)".
(1) A licensee shall not enter into or continue a dual or multiple relationship, including social relationship, business relationship, or sexual relationship, as defined by the committee, with a current client or with a person to whom the member has at any time rendered psychotherapy (clinical social work) or other professional social work services for the treatment or amelioration of mental and emotional conditions. Business relationships do not include purchases made by the member from the client when the client is providing necessary goods or services to the general public, and the member determines that it is not possible or reasonable to obtain the necessary goods or services from another provider.(2) A licensee shall be alert to and avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment.(3) A licensee should make clear to clients the purposes, goals, techniques, rules of procedure, and limitations that may affect the professional relationship at or before the time that it is begun. A licensee shall not provide professional services to clients without being able to justify the basis upon which those services are rendered.(4) A licensee should be aware of his/her own mental health and emotional stability and the effect those have on his/her ability to provide appropriate services to clients. A licensee shall not undertake or continue a professional relationship with a client when the competency of the member is or reasonably could be expected to be impaired due to mental, emotional, physiologic, pharmacologic, or substance abuse conditions. If that condition develops after a professional relationship has been initiated, the member shall notify the client in writing of the termination of services and shall assist the client in obtaining services from another professional.(5) A licensee shall not undertake and/or continue a professional relationship with a client when the objectivity or competency of the member is, or reasonably could be expected to be, impaired because of present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative, or legal relationship with the client. If that dual relationship develops or is discovered after the professional relationship has been initiated, the licensee shall terminate the professional relationship in an appropriate manner, shall notify the client in writing of this termination, and shall assist the client in obtaining services from another professional.(6) A licensee should be knowledgeable about the services available in the community and make appropriate referrals for their clients. When a licensee has a relationship, particularly of an administrative, supervisory, and/or evaluative nature, with an individual seeking counseling services, the licensed social worker shall not serve as the practitioner for such individual but shall refer the individual to another professional.(7) A licensee must inform clients about electronic recording of sessions, how such sessions will be used, and provide specific information about any specialized or experimental activities in which they may be expected to participate as a condition of service.(8) A licensee shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from the relationship or when the service has been satisfactorily rendered.(9) A licensee shall protect clients against physical threats, intimidation, and coercion in the provision of social services insofar as is reasonably possible.(10) A licensee shall not attempt any intervention unless thoroughly trained in its use or under the supervision of an expert.(11) A licensee rendering services to a client shall maintain professional records that include: (A) The presenting problem(s), assessment, plan of action, and progress notes;(C) The date and substance of each contact with the client;(D) Notation and results of formal consults with other providers;(E) A copy of all evaluative reports prepared or received as a part of the professional relationship;(F) A copy of a written communication with the client identifying the date and reason for termination of professional service if the licensed social worker is in private practice. (12) For the purpose of these rules, the licensed social worker and temporary permit holder shall assure that professional records are maintained for at least five (5) years after the date of service is terminated.(13) A licensee shall not falsify or permit the unauthorized destruction of client records. AUTHORITY: sections 337.600, 337.615, 337.627, and 337.630, RSMo Supp. 2009.* This rule originally filed as 4 CSR 263-3.040. Original rule filed Sept. 18, 1990, effective Feb. 14, 1991. Rescinded and read-opted: Filed Dec. 30, 1998, effective July 30, 1999. Amended: Filed March 15, 2004, effective Sept. 30, 2004. Moved to 20 CSR 2263-3.040, effective Aug. 28, 2006. Rescinded and readopted: Filed Aug. 27, 2009, effective April 30, 2010. Amended by Missouri Register February 15, 2018/Volume 43, Number 4, effective 4/2/2018Amended by Missouri Register January 15, 2020/Volume 45, Number 2, effective 2/29/2020*Original authority: 337.600, RSMo 1989, amended 1995, 2003, 2005, 2007, 2008, 2009; 337.615, RSMo 1989, amended 1995, 1997, 2001, 2004, 2005, 2006, 2007; 337.627, RSMo 1989, amended 1993, 1995, 1997, 2007; and 337.630, RSMo 1989, amended 1997, 2007.