N.M. Code R. § 16.63.16.10

Current through Register Vol. 35, No. 9, May 7, 2024

Section 16.63.16.10 - SOCIAL WORKERS' ETHICAL RESPONSIBILITIES IN PRACTICE SETTINGS

A. Supervision and consultation.

(1) Social workers who provide supervision or consultation shall have the necessary knowledge and skill to supervise or consult appropriately and shall do so only within their areas of knowledge and competence.

(2) Social workers who provide supervision or consultation are responsible for setting clear, appropriate, and culturally sensitive boundaries.

(3) Social workers shall not engage in any dual or multiple relationships with supervisees in which there is a risk of exploitation of or potential harm to the supervisee. In instances where dual or multiple relationships are unavoidable social workers should take steps to protect supervisees and are responsible for setting clear, appropriate, and culturally sensitive boundaries.

(4) Social workers who provide supervision shall evaluate supervisees' performance in a manner that is fair and respectful.

B. Education and training.

(1) Social workers who function as educators, field instructors for students, or trainers shall provide instruction only within their areas of knowledge and competence and shall provide instruction based on the most current information and knowledge available in the profession.

(2) Social workers who function as educators or field instructors for students shall evaluate students' performance in a manner that is fair and respectful.

(3) Social workers who function as educators or field instructors for students shall take reasonable steps to ensure that clients are routinely informed when services are being provided by students.

(4) Social workers who function as educators or field instructors for students shall not engage in any dual or multiple relationships with students in which there is a risk of exploitation or potential harm to the student. In instances where dual or multiple relationships are unavoidable social work educators and field instructors are responsible for setting clear, appropriate, and culturally sensitive boundaries.

C. Performance evaluation. Social workers who have responsibility for evaluating the performance of others shall fulfill such responsibility in a fair and considerate manner and on the basis of clearly stated criteria.

D. Client records.

(1) Social workers shall take reasonable steps to ensure that documentation in records is accurate and reflects the services provided.

(2) Social workers shall include sufficient and timely documentation in records to facilitate the delivery of services and to ensure continuity of services provided to clients in the future.

(3) Social workers' documentation shall protect clients' privacy to the extent that is possible and appropriate and shall include only information that is directly relevant to the delivery of services.

(4) Social workers shall store records following the termination of services to ensure reasonable future access. These records shall be maintained by the licensee or agency employing the licensee at least for a period of seven years after the last date of service, or for the time period required by federal or state law if longer.

(5) Prior to the destruction of a client record for any reason including when a social worker or social work practice anticipates to cease or ceases operations as a result of a suspension, retirement or death of the owner, sale or other cause, including insolvency, the licensee or other individual responsible for supervising the disposition of the practice, should make reasonable effort to notify the clients of their right to retrieve current records for a period of six months. Should any client fail to retrieve the records within the six month period and unless otherwise required by law, the responsible party shall arrange the destruction of such documents in a manner to ensure confidentiality.

E. Billing. Social workers shall establish and maintain billing practices that accurately reflect the nature and extent of services provided and that identify who provided the service in the practice setting.

F. Client transfer.

(1) When an individual who is receiving services from another agency or colleague contacts a social worker for services, the social worker shall carefully consider the client's needs before agreeing to provide services. To minimize possible confusion and conflict, social workers shall discuss with potential clients the nature of the clients' current relationship with other service providers and the implications, including possible benefits or risks, of entering into a relationship with a new service provider.

(2) If a new client has been served by another agency or colleague, social workers shall discuss with the client whether consultation with the previous service provider is in the client's best interest.

G. Administration.

(1) Social work administrators shall advocate within and outside their agencies for adequate resources to meet clients' needs.

(2) Social workers shall advocate for resource allocation procedures that are open and fair. When not all clients' needs can be met, an allocation procedure shall be developed that is nondiscriminatory and based on appropriate and consistently applied principles.

(3) Social workers who are administrators shall take reasonable steps to ensure that adequate agency or organizational resources are available to provide appropriate staff supervision.

(4) Social work administrators shall take reasonable steps to ensure that the working environment for which they are responsible is consistent with and encourages compliance with the code of conduct. Social work administrators should take reasonable steps to eliminate any conditions in their organizations that violate, interfere with, or discourage compliance with the code.

H. Continuing education and staff development. Social work administrators and supervisors should take reasonable steps to provide or arrange for continuing education and staff development for all staff for whom they are responsible. Continuing education and staff development shall address current knowledge and emerging developments related to social work practice and ethics.

I. Commitments to employers.

(1) Social workers generally should adhere to commitments made to employers and employing organizations.

(2) Social workers should work to improve employing agencies' policies and procedures and the efficiency and effectiveness of their services.

(3) Social workers should take reasonable steps to ensure that employers are aware of social workers' ethical obligations as set forth in the code of conduct and of the implications of those obligations for social work practice.

(4) Social workers shall not allow an employing organization's policies, procedures, regulations, or administrative orders to interfere with their ethical practice of social work. Social workers should take reasonable steps to ensure that their employing organizations' practices are consistent with the code of conduct.

(5) Social workers shall act to prevent and eliminate discrimination in the employing organization's work assignments and in its employment policies and practices.

(6) Social workers should accept employment or arrange student field placements only in organizations that exercise fair personnel practices.

(7) Social workers should be diligent stewards of the resources of their employing organizations, wisely conserving funds where appropriate and never misappropriating funds or using them for unintended purposes.

J. Labor-management disputes.

(1) Social workers may engage in organized action, including the formation of and participation in labor unions, to improve services to clients and working conditions.

(2) The actions of social workers who are involved in labor-management disputes, job actions, or labor strikes should be guided by the profession's values, ethical principles, and ethical standards. Reasonable differences of opinion exist among social workers concerning their primary obligation as professionals during an actual or threatened labor strike or job action. Social workers should carefully examine relevant issues and their possible impact on clients before deciding on a course of action.

N.M. Code R. § 16.63.16.10

16.63.16.10 NMAC - N, 4/24/06; A, 06/01/09