PURPOSE: This rule is promulgated pursuant to section 337.630.2(15), RSMo and sets forth the ethical standards/disciplinary rules as they pertain to public statements/fees.

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

   1. (A) Give or receive a commission or rebate or any other form of remuneration for referral of clients for professional services;
   2. (B) Engage in fraud or misrepresentation;
   3. (C) Use relationships with therapeutic or therapy clients to promote, for personal gain or the profit of an agency, commercial enterprises of any kind; and
   4. (D) Render services until assured that clients are aware of the fees and billing arrangements.
2. (2) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant shall use only those educational credentials in association with his/her license and practice as a licensed social worker that have been earned at an acceptable educational institution. Licensed social workers, provisional licensed social workers, temporary permit holders and registrants shall not misrepresent their credentials, training or level of education.
3. (3) A licensed social worker holder shall use the title “Licensed Clinical Social Worker (LCSW)” or “Licensed Baccalaureate Social Worker (LBSW)” in any advertising, public directory or solicitation, including telephone directory listings, regardless of whether this presentment is made under the licensee’s name, a fictitious business or group name, or a corporate name.
4. (4) A licensed social worker, provisional licensed social worker and temporary permit holder shall have his/her license prominently displayed at all times as proof of licensure to the client. 20 CSR 2263-3
5. (5) Licensed social workers whose licenses have lapsed or been revoked shall not use the title “Licensed Clinical Social Worker” or “Licensed Baccalaureate Social Worker (LBSW).”
6. (6) Without disclosure to the client, a licensed social worker, provisional licensed social worker, temporary permit holder and registrant shall not accept compensation for the professional services from anyone other than the client without disclosure to the client or his/her legal guardian.
7. (7) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant shall not accept for professional services any form of remuneration including the bartering of services which has the effect of exploiting the professional relationship or creating a dual or multiple relationship.
8. (8) A licensed social worker and temporary permit holder shall consider the value of his/her services and the financial ability of clients in establishing reasonable fees for professional services.
9. (9) A licensed social worker and temporary permit holder should not accept a fee for professional services or any form of remuneration from clients who are entitled to services from that licensed social worker and temporary permit holder or similar services through an institution or agency or other benefits structure, unless clients have been fully informed of the availability of, or payments for, these services from other sources.

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 263-3.080. Original rule filed Sept. 18, 1990, effective Feb. 14, 1991. Rescinded and readopted: Filed Dec. 30, 1998, effective July 30, 1999. Amended: Filed June 25, 2004, effective Dec. 30, 2004. Moved to 20 CSR 2263-3.080, effective Aug. 28, 2006.

*Original authority: 337.600, RSMo 1989, amended 1995, 2003; 337.615, RSMo 1989, amended 1995, 1997, 2001, 2004; 337.627, RSMo 1989, amended 1993, 1995, 1997, and 337.630, RSMo 1989, amended 1997; 337.650, RSMo 2001; 337.665, RSMo 2001; amended 2004; 337.677, RSMo 2001; and 337.680, RSMo 2001. FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION