Tenn. Comp. R. & Regs. 1365-01-.10

Current through September 10, 2024

Section 1365-01-.10 - STANDARDS OF CONDUCT

(1) Code of Ethics - All licensees shall comply with the code of ethics adopted by the National Association of Social Workers (NASW), approved by the 1996 NASW Delegate Assembly and revised by the 2017 NASW Delegate Assembly, except to the extent it conflicts with the laws of the State of Tennessee or the rules of the Board. If the code of ethics conflicts with state law or rules, the state law or rules govern the matter. Violation of the code of ethics or state law or rules may subject a licensee to disciplinary action. A copy of the Code of Ethics may be obtained at the following URL:

https://www.tn.gov/content/dam/tn/health/healthprofboards/social-workers/NASW-Code-of-Ethics.pdf

(2) Each applicant or licensee is responsible for being familiar with and following the code of ethics.

(3) Unethical conduct shall include, but not be limited to, the following:

(a) Knowingly circulating untrue, fraudulent, misleading, or deceptive advertising;

(b) Engaging in sexual activities with current or former clients;

(c) Becoming addicted to the habitual use of intoxicating liquors, narcotics, or other stimulants so as to incapacitate a licensee from the performance of the licensee's professional obligations and duties;

(d) Disclosing confidential information;

(e) Failing to inform clients about the limits of client-social worker confidentiality;

(f) Denying a client's reasonable request for access to any social worker records concerning the client;

(g) Failing to obtain the informed consent of clients before taping, recording, or permitting third parties to observe their activities;

(h) Failing to inform clients when a conflict of interest exists between the licensee and the client as well as between the licensee's employer and the client;

(i) Failing to inform clients as to the purpose and nature of an evaluation, research, treatment, educational, or training procedure and to inform the clients that they must participate freely and voluntarily;

(j) Failing to terminate a client relationship when services are no longer required or requested or when it is reasonably clear that the relationship is not benefiting the client;

(k) Failing to make every effort to avoid dual relationships with clients and/or relationships that might impair the licensee's independent professional judgment and impair the quality of services provided to each client;

(l) Entering into a relationship with a client that increases the risk of exploitation for the client to the licensee's advantage; including, but not limited to, establishing joint business ventures, co-signing on loans, receiving valuable gifts, and entering into landlord/tenant arrangements;

(m) Failing to assist clients in finding needed services;

(n) Providing unnecessary or unwanted services;

(o) Failing to notify clients when the licensee anticipates terminating services. The licensee shall notify the client promptly and accommodate the transfer, referral, or continuation of services relative to the client's needs and preferences;

(p) Setting fees that are unreasonable and not commensurate with the service performed; and

(q) Engaging in the division of fees or agreeing to split or divide the fee received for professional services with any person for bringing or referring a client.

(4) Release of Records - Unless prohibited by other law, upon receiving a written request from the client or the client's authorized representative, a licensee shall provide the client or the client's authorized representative a complete copy of the client's record or summary of such records maintained by the licensee; it shall be the licensee's option as to whether copies of the client records or a summary of the records will be given to the client or authorized representative.

(5) Advertising.

(a) Affirmative Duties: Licensees shall engage in the following conduct while advertising in the course of the practice of social work:

1. Make reasonable efforts to advance the welfare and best interests of the client;

2. Not discriminate against a client based on race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, mental or physical disability, political affiliation, or social or economic status;

3. Inform the client of the costs of the services before providing services;

4. Include the corporation, partnership or individual name, address, and telephone number of the licensees named in the advertisement;

5. Upon request, a licensee shall disclose any compensation or anything of value given to a representative of the press, radio, television, or any communication medium in anticipation of or in return for any advertisement that was not initiated by the licensee; and

6. The licensee partner or officer of a firm or entity shall remove all references in firm or individual advertisements to another licensee who has left the firm or entity within thirty (30) days of the licensee's departure.

(b) Prohibited Activities: Licensees shall not engage in the following forms of advertisement in the practice of social work:

1. Making claims that the services performed, personnel employed, or office equipment used are professionally superior to that which is ordinarily performed, employed, or used or that conveys the message that one (1) licensee is better than another when superiority of services, personnel, or equipment cannot be substantiated;

2. Making false or misleading claims about their degree;

3. Promoting professional services that the licensee knows or should know are beyond the licensee's scope of practice;

4. Using communication techniques that intimidate or exert undue pressure or undue influence over a client or prospective client;

5. Appealing to a client or prospective client's anxiety in an excessive or unfair manner;

6. Using unverifiable personal testimonials attesting to the quality or competency of the services provided by the licensee;

7. Utilizing statistical data or other information based on past performances to indicate the results of future services, creating an unjustified expectation about the results that the licensee can achieve;

8. Communicating personal identifiable facts, data, or information about a client without first obtaining the client's consent;

9. Misrepresenting a material fact. For the purposes of this rule, a "material fact" is any fact which an ordinary, reasonable, and prudent person would need to know or rely upon in order to make an informed decision;

10. Stating or implying that certain licensees provide certain services when such services are performed by another licensee;

11. Directly or indirectly offering, giving, receiving, or agreeing to receive any fee or other consideration to or from a third party for the referral of a client in connection with the performance of professional services; and

12. Making false, deceptive, misleading, or fraudulent statements relative to fees.

(c) Responsibility for Advertising and Records.

1. The licensee who is named in the advertisement is responsible for the form and content of the advertisement.

2. The licensee who is a principal partner or officer of the firm or entity identified in the advertisement is jointly and severally responsible for the form and content of the advertisement.

3. Each licensee shall retain every advertisement communicated by the licensee through print, television, radio, web-based, social, or other equivalent media, or any other form of advertising, for two (2) years from the last date of the broadcast or publication and shall make the advertisements available for review upon the request of the Board office or its designee.

4. Each licensee shall also retain any and all information that would substantiate the truthfulness of any assertion, omission or representation of material fact contained in the advertisement.

Tenn. Comp. R. & Regs. 1365-01-.10

Original rule filed April 6, 1994; effective June 20, 1994. Amendment filed November 4, 2002; effective January 18, 2003. Amendment filed July 22, 2003; effective October 5, 2003. Amendment filed March 14, 2006; effective May 28, 2006. Amendment filed July 3, 2007; effective September 16, 2007. Emergency rule filed February 2, 2010; effective through August 1, 2010. Amendment repealing and replacing rule filed April 29, 2010; effective July 29, 2010. Amendments filed July 29, 2019; effective October 27, 2019. Amendments filed December 2, 2021; effective 3/2/2022.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-210, 63-1-145, 63-2-101, 63-23-101, 63-23-102, 63-23-103, 63-23-108, 63-23-109, and 63-23-110 and Chapter 1016 of the Public Acts of 2008, § 1.