Unprofessional conduct in the practice of social work shall include, but shall not be limited to the following:

1. (1) Violations of the:

   1. (A) Social Work Licensing Act, Arkansas Code § 17-103-101 et seq.; or
   2. (B) Rules published by the Arkansas Social Work Licensing Board;
2. (2) Negligence in the practice of social work or practicing fraudulently or incompetently;

3. (3) Refusing to provide professional services to a person on the basis of:

   1. (A) Race;
   2. (B) Religion;
   3. (C) Creed;
   4. (D) Color;
   5. (E) Disability;
   6. (F) Age; or
   7. (G) National origin;
4. (4) Permitting, aiding, or abetting an unlicensed person to perform activities requiring a license;

5. (5) Misrepresenting type or status of:

   1. (A) Education;
   2. (B) Training;
   3. (C) Expertise;
   4. (D) Licensure; or
   5. (E) Professional affiliations;
6. (6) Impersonation of another by any licensee or applicant for a license or, in the case of a license, allowing any other person to use his or her license;
7. (7) Intentionally or recklessly causing physical or emotional harm to any client or former client;

8. (8) Failing to maintain confidentiality, except as otherwise required or permitted by law, of all:

   1. (A) Information that has been received from a client in confidence during the course of treatment; and
   2. (B) Information about the client that is obtained from tests or other means;
9. (9) Failing to keep proper records and documentation of services;
10. (10) Ordering or providing excessive or unnecessary tests or services;
11. (11) Neglecting or abandoning a client, including failure to provide sufficient termination of services;
12. (12) Violating the Code of Ethics adopted by the board;
13. (13) Giving or receiving, directly or indirectly, any fee, commission, rebate, or other compensation for professional services not actually and personally rendered;
14. (14) Being disciplined in another jurisdiction based on grounds that are the same or substantially the same as those that exist under the Social Work Licensing Act;

15. (15) Failing to report to the board:

    1. (A) Any adverse action taken against the social worker by another licensing jurisdiction; or
    2. (B) The surrender of a license or authorization to practice social work in another jurisdiction;
16. (16) Failing to comply with any stipulation or agreement with the board involving probation or a settlement of any disciplinary matters;
17. (17) Failing to comply with mandatory reporting laws;
18. (18) Failing to terminate the professional relationship when it is apparent that the service no longer serves the needs of the client;
19. (19) Offering medication, prescription or otherwise, controlled substances, or alcoholic beverages to a client or accepting these substances from a client; and
20. (20) Providing and/or recommending any form of treatment via telemedicine without first establishing a proper social worker–client relationship as defined in 17 CAR § 100-114.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Ark. Code Ann. §17-103-203)”