N.M. Code R. § 16.63.16.9

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

Section 16.63.16.9 - SOCIAL WORKERS' ETHICAL RESPONSIBILITIES TO COLLEAGUES

A. Respect.

(1) Social workers should treat colleagues with respect and should represent accurately and fairly the qualifications, views, and obligations of colleagues.

(2) Social workers should avoid unwarranted negative criticism of colleagues in communications with clients or with other professionals. Unwarranted negative criticism may include demeaning comments that refer to colleagues' level of competence or to individuals' attributes such as race, ethnicity, national origin, color, sex, sexual orientation, age, marital status, political belief, religion, and mental or physical disability.

(3) Social workers shall cooperate with social work colleagues and with colleagues of other professions when such cooperation serves the well-being of clients.

B. Confidentiality. Social workers shall respect confidential information shared by colleagues in the course of their professional relationships and transactions. Social workers should ensure that such colleagues understand social workers' obligation to respect confidentiality and any exceptions related to it.

C. Interdisciplinary collaboration.

(1) Social workers who are members of an interdisciplinary team shall participate in and contribute to decisions that affect the well-being of clients by drawing on the perspectives, values, and experiences of the social work profession. Professional and ethical obligations of the interdisciplinary team as a whole and of its individual members shall be clearly established.

(2) Social workers for whom a team decision raises ethical concerns should attempt to resolve the disagreement through appropriate channels. If the disagreement cannot be resolved, social workers shall pursue other avenues to address their concerns consistent with client well being.

D. Disputes involving colleagues.

(1) Social workers shall not take advantage of a dispute between a colleague and an employer to obtain a position or otherwise advance the social workers' own interests.

(2) Social workers shall not exploit clients in disputes with colleagues or engage clients in any inappropriate discussion of conflicts between social workers and their colleagues.

E. Consultation.

(1) Social workers should seek the advice and counsel of colleagues whenever such consultation is in the best interests of clients.

(2) Social workers should keep themselves informed about colleagues' areas of expertise and competencies. Social workers should seek consultation only from colleagues who have demonstrated knowledge, expertise, and competence related to the subject of the consultation.

(3) When consulting with colleagues about clients, social workers should disclose the least amount of information necessary to achieve the purposes of the consultation.

F. Referral for services.

(1) Social workers shall refer clients to other professionals when the other professionals' specialized knowledge or expertise is needed to serve clients fully or when social workers believe that they are not being effective or making reasonable progress with clients and that additional service is required.

(2) Social workers who refer clients to other professionals shall take appropriate steps to facilitate an orderly transfer of responsibility. Social workers who refer clients to other professionals shall disclose, with clients' consent, all pertinent information to the new service providers.

(3) Social workers are prohibited from giving or receiving payment for a referral when no professional service is provided by the referring social worker.

G. Sexual relationships.

(1) Social workers who function as supervisors or educators shall not engage in sexual activities or contact with supervisees, students, trainees, or other colleagues over whom they exercise professional authority.

(2) Social workers shall avoid engaging in sexual relationships with colleagues when there is potential for a conflict of interest. Social workers who become involved in, or anticipate becoming involved in, a sexual relationship with a colleague have a duty to transfer professional responsibilities, when necessary, to avoid a conflict of interest.

H. Sexual harassment. Social workers shall not sexually harass supervisees, students, trainees, or colleagues. Sexual harassment includes sexual advances, sexual solicitation, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

I. Impairment of colleagues.

(1) Social workers who have direct knowledge of a social work colleague's impairment that is due to personal problems, psychosocial distress, substance abuse, or mental health difficulties and that interferes with practice effectiveness shall consult with that colleague when feasible and assist the colleague in taking remedial action.

(2) Social workers who believe that a social work colleague's impairment interferes with practice effectiveness and that the colleague has not taken adequate steps to address the impairment shall take action through appropriate channels established by employers, agencies, licensing and regulatory bodies, and other professional organizations.

J. Incompetence of colleagues.

(1) Social workers who have direct knowledge of a social work colleague's incompetence shall consult with that colleague when feasible and assist the colleague in taking remedial action.

(2) Social workers who believe that a social work colleague is incompetent and has not taken adequate steps to address the incompetence shall take action through appropriate channels established by employers, agencies, NASW, licensing and regulatory bodies, and other professional organizations.

K. Unethical conduct of colleagues.

(1) Social workers shall take adequate measures to discourage, prevent, expose, and correct the unethical conduct of colleagues.

(2) Social workers shall be knowledgeable about established policies and procedures for handling concerns about colleagues' unethical behavior. Social workers shall be familiar with national, state, and local procedures for handling ethics complaints. These include policies and procedures created by licensing and regulatory bodies, employers, agencies, and other professional organizations.

(3) Social workers who believe that a colleague has acted unethically shall seek resolution by discussing their concerns with the colleague when feasible and when such discussion is likely to be productive.

(4) Social workers who believe that a colleague has acted unethically shall take action through appropriate formal channels established by employers, agencies, licensing and regulatory bodies, and other professional organizations.

(5) Social workers should defend and assist colleagues who are unjustly charged with unethical conduct.

N.M. Code R. § 16.63.16.9

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