PURPOSE: This rule is promulgated pursuant to section 337.630.2(15), RSMo Supp. 1997 and sets forth the moral obligations of the ethical standards/disciplinary rules.

1. (1) The public must be protected from those who are not qualified to be licensed social workers, provisional licensed social workers, temporary permit holders, or registrants by reason of a deficiency in education, experience, moral standards or other relevant factors, but who nevertheless attempt to or actually practice clinical social work or baccalaureate social work. To assure the maintenance of high standards of the profession of clinical or baccalaureate social work, licensees, temporary permit holders and registrants should assist the committee in promulgating, enforcing and improving requirements for admission to and for the practice of clinical social work or baccalaureate social work.

2. (2) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant shall not—

   1. (A) Violate any ethical standard/disciplinary rule;
   2. (B) Circumvent any ethical standard/disciplinary rule through the actions of another;
   3. (C) Engage in conduct which is dishonest, deceitful or fraudulent;
   4. (D) Allow the pursuit of financial gain or other personal benefit to interfere with the exercise of sound professional judgment or skills; or
   5. (E) Use therapeutic relationships with clients to promote, for personal gain or the profit of an agency, commercial enterprises of any kind.
3. (3) Prior to recommending an applicant for licensure, a licensed social worker should satisfy him/herself that the applicant is of good moral character. Although a licensed social worker should not become a self-appointed investigator or judge of applicants, s/he must report to the committee all unfavorable information not otherwise privileged which s/he possesses relative to the character, education, experience, citizenship, age or other qualifications of an applicant.
4. (4) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant shall be subject to discipline if s/he has made a materially false statement, or if s/he has deliberately failed to disclose a material fact requested in connection with his/her application.
5. (5) A licensed social worker, provisional licensed social worker, temporary permit holder, registrant and applicant shall respond to all requests for information and/or all other correspondence from the committee. Failure to provide the requested information may be cause for denial of licensure, permit and/or registration of supervision.
6. (6) Licensed social workers, provisional licensed social workers, temporary permit holders and registrants shall not engage in any activity that exploits clients, students or supervisees, including sexual intimacies, 20 CSR 2263-3

which means physical or other contact by either the licensed social worker, provisional licensed social worker, temporary permit holder, registrant or the client, including, but not limited to:

1. (A) Sexual intercourse—any penetration or contact with the female sex organ by a finger, the male sex organ or any object;
2. (B) Sodomy—oral or anal copulation, oral or anal copulation or sexual intercourse between a person and an animal, or any penetration of the anal opening by any body part or object;
3. (C) Kissing by either the licensed social worker, provisional licensed social worker, temporary permit holder, registrant or client;
4. (D) Touching or caressing by either the licensed social worker, provisional licensed social worker, temporary permit holder, registrant or client of the other person’s legs, thighs, stomach, chest, breasts, genitals or buttocks, clothed or unclothed;
5. (E) Exhibitionism and voyeurism—exposing one’s self or encouraging another to expose him/herself; and
6. (F) Comments, gestures or physical contacts of a sexual nature.

1. (7) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant shall report to the committee any known or suspected violation(s) of the laws or regulations promulgated by the committee governing the practice of social work or baccalaureate social work which do not violate a client’s right to privacy.

AUTHORITY: sections 337.600, 337.615, 337.650, 337.665, 337.677 and 337.680, RSMo Supp. 2003 and 337.627 and 337.630, RSMo 2000.* This rule originally filed as 4 CSR 263-3.020. Original rule filed Sept. 18, 1990, effective Feb. 14, 1991. Rescinded and readopted: Filed Dec. 30, 1998, effective July 30, 1999. Amended: Filed March 15, 2004, effective Sept. 30, 2004. Moved to 20 CSR 2263-3.020, effective Aug. 28, 2006.

*Original authority: 337.600, RSMo 1989, amended 1995, 2003; 337.615, RSMo 1989, amended 1995, 1997, 2001; 337.627, RSMo 1989, amended 1993, 1995, 1997; and 337.630, RSMo 1989, amended 1997; 337.650, RSMo 2001; 337.665, RSMo 2001; 337.677, RSMo 2001; and 337.680, RSMo 2001.