PURPOSE: This rule 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 members of the profession by reason of a deficiency in education, experience, moral standards, or other relevant factors, but who nevertheless attempt to or actually practice social work. To assure the maintenance of high standards of the profession of social work, members of the profession shall assist the committee in promulgating, enforcing, and improving requirements for admission to and for the practice of social work.

2. (2) No member of the profession shall—

   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 member of the profession should be satisfied that the applicant is of good moral character. Although a member of the profession should not become a self-appointed investigator or judge of applicants, a report to the committee of all unfavorable information not otherwise privileged relative to the character, education, experience, citizenship, age, or other qualifications of an applicant must be made.
4. (4) A member of the profession is subject to discipline for making a materially false statement or for deliberately failing to disclose a material fact requested in connection with an application.
5. (5) A member of the profession shall respond to all reasonable 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) A member of the profession shall not engage in any activity that exploits clients, students, or supervisees, including sexual intimacies (which means physical or other contact by either the member of the profession 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 two (2) or more people or a person and an animal, or any penetration of the anal opening by any body part or object;
   3. (C) Kissing;
   4. (D) Touching or caressing the legs, thighs, stomach, chest, breasts, genitals, or buttocks, 20 CSR 2263-3

clothed or unclothed;

1. (E) Exhibitionism and voyeurism (exposing one’s self or encouraging another to expose him/herself); and
2. (F) Comments, gestures, or physical contacts of a sexual nature.

1. (7) A member of the profession 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 which do not violate a client’s right to privacy.

AUTHORITY: sections 337.600, 337.615, 337.627, 337.630, and 337.665, RSMo Supp. 2009.* 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. Rescinded and readopted: Filed Aug. 27, 2009, effective April 30, 2010.

*Original authority: 337.600, RSMo 1989, amended 1995, 2003, 2005, 2007, 2008, 2009; 337.615, RSMo 1989, amended 1995, 1997, 2001, 2004, 2005, 2006, 2007; 337.627, RSMo 1989, amended 1993, 1995, 1997, 2007; 337.630, RSMo 1989, amended 1997, 2007; and 337.665, RSMo 2001, amended 2004, 2007.