Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1470 - CLINICAL SOCIAL WORK AND SOCIAL WORK PRACTICE ACT › Section 1470.96 - Unethical, Unauthorized and Unprofessional Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Division may suspend or revoke a
			 license, refuse to issue or renew a license or take other disciplinary action
			 based upon its finding of dishonorable, unethical, or unprofessional conduct
			 within the meaning of Section 19 of the Act, which is interpreted to include,
			 but is not limited to, the following acts or practices:
1) Practicing or offering to practice beyond
			 one's competency (for example, providing services and techniques for which one
			 is not qualified by education, training and experience);
2) Revealing facts, data or information
			 relating to a client or examinee, except as allowed under Section 16 of the Act
			 or under the Mental Health and Developmental Disabilities Confidentiality Act
			 [740 ILCS 110]. The release of information "with the consent of the client" as
			 provided for in Section 16 of the Act is interpreted to mean that the social
			 worker, prior to the release of the information, obtained written consent and
			 made certain that the client understood the possible uses or distributions of
			 the information. Case history material may be used for teaching or research
			 purposes or in textbooks or other literature, provided that proper precautions
			 are taken to conceal the identity of the client(s) or examinee(s)
			 involved;
3) Making gross or
			 deliberate misrepresentations or misleading claims as to the licensee's
			 professional qualifications or of the efficacy or value of his/her treatments
			 or remedies, or those of another practitioner;
4) Failing to inform prospective research
			 subjects or their authorized representative fully of potential serious after
			 effects of the research or failing to remove the after effects as soon as the
			 design of the research permits;
5)
			 Refusing to divulge to the Division techniques or procedures used in the
			 licensee's professional activities upon request;
6) Directly or indirectly giving to or
			 receiving from any person, firm or corporation any fee, commission, rebate or
			 other form of compensation for any professional services not actually rendered.
			 Social workers shall not participate in illegal fee-splitting arrangements, nor
			 shall they give or accept kickbacks for referrals. However, it is not unethical
			 for social workers to utilize referral services for which a fee is charged, nor
			 to participate in contractual arrangements under which they agree to discount
			 fees;
7) Impersonating another
			 person holding a clinical social work or social work license or allowing
			 another person to use the licensee's license;
8) Committing any dishonest, corrupt or
			 fraudulent act that is substantially related to the functions or duties of a
			 social worker providing services or supervising services;
9) Committing any act of sexual misconduct,
			 sexual abuse or sexual relations with one's client, patient, student supervisee
			 or with an ex-client within 24 months after termination of treatment;
10) Entering a treatment relationship in
			 which professional judgment may be compromised by prior association with or
			 knowledge of a client;
11)
			 Permitting an intern or trainee under the social worker's supervision to
			 perform, or to pretend to be competent to perform, professional services beyond
			 the trainee's or intern's level of training. Disclosure of the intern's status
			 and the name of the supervisor is required;
12) Submitting fraudulent claims for services
			 to any person or entity including, but not limited to, health insurance
			 companies or health service plans or third party payors;
13) Failing to disclose conflicts of
			 interests, dual relationships between social worker and clients, and/or
			 obligations associated with service that might affect the client's decision to
			 enter into or continue the relationship;
14) Discriminating based on race, gender,
			 religion, national origin, political affiliation, social or economic status,
			 choice of lifestyle or sexual orientation;
15) Knowingly providing services to a client
			 when the social worker's objectivity or effectiveness is impaired. A social
			 worker who becomes impaired and unable to function according to the standards
			 of practice may be subject to disciplinary action if an active practice
			 continues. Causes of impairment may include, but are not limited to, the abuse
			 of mood altering chemicals and physical or mental problems;
16) Failing to insure that all records and
			 written data are stored using security measures that prevent access to records
			 by unauthorized persons. Social workers are responsible for insuring that the
			 content and disposition of all records are in compliance with all relevant
			 State laws and rules.