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 confidentiality.

1. (1) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant should take reasonable personal action, and inform responsible authorities or inform those persons at risk, when the conditions or actions of clients indicate that there is clear and imminent danger to clients or others. When the licensed social worker, provisional licensed social worker, temporary permit holder and registrant is uncertain about the duty to protect, consultation with other professionals is appropriate.
2. (2) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant shall inform clients, at the onset of the professional relationship, of the limits of confidentiality.

3. (3) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant shall keep confidential his/her therapy relationships with clients including information obtained from this relationship with clients with the following exceptions:

   1. (A) When the client gives written consent;
   2. (B) When the client constitutes a danger to him/herself or to others;
   3. (C) When the licensed social worker, provisional licensed social worker, temporary permit holder or registrant is under court order to disclose information; or
   4. (D) When required by law.
4. (4) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant should make every effort to see that the employer provides for maintenance, storage and disposal of the records of clients so that unauthorized persons shall not have access to these records.
5. (5) A licensed social worker, provisional licensed social worker, temporary permit holder and registrant shall not forward to another person, agency or potential employer any confidential information without the written consent of the client(s) or their legal guardian(s) nor shall they violate any laws or regulations of this state or the federal government with respect to this information.
6. (6) When providing counseling services to families, couples or groups, licensed social workers, provisional licensed social workers, temporary permit holders and registrants shall seek agreement among the parties involved concerning each individual’s right to confidentiality and obligation to preserve the confidentiality of information shared by others. Participants in family, couples or group counseling shall be informed by the licensed social worker, provisional licensed social worker, temporary permit holder and registrant that there is no guarantee that all participants will honor such agreements.

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 263-3.100. 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 2263-3.100, 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.