This section establishes standards of professional conduct
required of a social worker. The licensee, following applicable statutes:
(1)shall not knowingly offer or provide professional
services to an individual concurrently receiving professional services
from another mental health services provider except with that provider's
knowledge. If a licensee learns of such concurrent professional services,
the licensee shall take immediate and reasonable action to inform
the other mental health services provider;
(2)shall terminate a professional relationship when
it is reasonably clear that the client is not benefiting from the
relationship. If continued professional services are indicated, the
licensee shall take reasonable steps to facilitate transferring the
client by providing the client with the name and contact information
of three sources of service;
(3)shall not evaluate any individual's mental, emotional,
or behavioral condition unless the licensee has personally interviewed
the individual or the licensee discloses with the evaluation that
the licensee has not personally interviewed the individual;
(4)shall not persistently or flagrantly over treat
a client;
(5)shall not aid and abet the unlicensed practice
of social work by a person required to be licensed under the Act;
(6)shall not participate in any way in falsifying
licensure applications or any other documents submitted to the Council;
(7)shall ensure that, both before services commence
and as services progress, the client knows the licensee's qualifications
and any intent to delegate service provision; any restrictions the
Council has placed on the licensee's license; the limits on confidentiality
and privacy; and applicable fees and payment arrangements;
(8)if the client must barter for services, it is the
professional's responsibility to ensure that the client is in no way
harmed. The value of the barter shall be agreed upon in advance and
shall not exceed customary charges for the service or goods; and
(9)shall ensure that the client or a legally authorized
person representing the client has signed a consent for services[,
when appropriate. Prior to commencement of social work services with
a minor client who is named in a Suit Affecting Parent Child Relationship
(SAPCR), the licensee shall ensure that all legally authorized persons
representing the client have signed a consent for services, if applicable.
] A licensee shall obtain and keep a copy of the relevant
portions of any court order, divorce decree, power of attorney, or
letters of guardianship authorizing the individual to provide substitute
consent on behalf of the minor or ward. [maintain these
documents in the client's record.]
The agency certifies that legal counsel
has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on September 15, 2022
TRD-202203707 Darrel D. Spinks
Executive Director
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: October 30, 2022
For further information, please call: (512) 305-7706
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