reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 9.00 - Licensure Requirements and Procedures › Section 9.05 - Requirements for Licensure as a Licensed Social Worker (LSW)

Current through Register 1525, July 5, 2024
An applicant may be granted a license as a Licensed Social
				Worker (LSW) if he or she submits to the Board a properly-completed application
				for such licensure, accompanied by all of the following:
(1) Satisfactory written or electronic
			 documentation that he or she possesses one of the following combinations of
			 education and social work experience:
(a) A
			 baccalaureate degree in social work (BSW) from an undergraduate school or
			 program of social work accredited by the Council on Social Work Education, or a
			 degree from a foreign educational institution which is equivalent to a
			 baccalaureate degree in social work as determined by the Council on Social Work
			 Education; or
(b) A baccalaureate
			 degree in a field other than social work from an accredited college or
			 university, plus a minimum of 3500 hours of work experience over not less than
			 two years in the provision of social work services as an employee of an agency,
			 health care facility or unrelated individual and under the direct supervision
			 of an individual who meets the requirements of 258 CMR 9.05(2) below;
			 or
(c) A minimum of two and
			 one-half years (75 semester hours or 100 quarter hours), but less than four
			 years, of undergraduate college education at an accredited college or
			 university, plus a minimum of 8,750 hours of work experience over not less than
			 five years in the provision of social work services as an employee of an
			 agency, health care facility or unrelated individual and under the direct
			 supervision of an individual who meets the requirements of 258 CMR 9.05(2)
			 below; or
(d) Two years (60
			 semester hours or 80 quarter hours) of undergraduate college education at an
			 accredited college or university, plus a minimum of 10,500 hours of work
			 experience over not less than six years in the provision of social work
			 services as an employee of an agency, health care facility or unrelated
			 individual and under the direct supervision of an individual who meets the
			 requirements of 258 CMR 9.05(2) below; or
(e) One year (30 semester hours or 40 quarter
			 hours) of undergraduate college education at an accredited college or
			 university, plus a minimum of 14,000 hours of work experience over not less
			 than eight years in the provision of social work services as an employee of an
			 agency, health care facility or unrelated individual and under the direct
			 supervision of an individual who meets the requirements of 258 CMR 9.05(2)
			 below; or
(f) A high school
			 diploma, or its equivalent, plus a minimum of 17,500 hours of work experience
			 over not less than ten years in the provision of social work services as an
			 employee of an agency, health care facility or unrelated individual and under
			 the direct supervision of an individual who meets the requirements of 258 CMR
			 9.05(2) below.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 9.00 - Licensure Requirements and Procedures › Section 9.06 - Licensure Requirements for a Licensed Social Work Associate (LSWA)

Current through Register 1525, July 5, 2024
An applicant may be granted a license as a Licensed Social Work
				Associate (LSWA) if he or she submits to the Board a properly-completed
				application for such licensure, accompanied by all of the following:
(1) Satisfactory written or electronic
			 documentation that he or she possesses one of the following levels of education
			 and training:
(a) An associate degree, or at
			 least 60 credit hours of college education, in the fields of social work,
			 psychology, counseling or other similar human services field, from an
			 accredited college or university; or
(b) A baccalaureate degree in any field from
			 an accredited college or university; or
(c) A minimum of 1000 hours of education in
			 social work theory and methods in courses or programs approved by the
			 Board;
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 9.00 - Licensure Requirements and Procedures › Section 9.07 - Licensure by Reciprocity

Current through Register 1525, July 5, 2024
An applicant who is, or has been, licensed or registered as a
				social worker under the laws of another state, territory or political
				subdivision which is a member of the Association of Social Work Boards (ASWB)
				may be granted a license by the Board without taking the licensing examination
				otherwise required by
				258
				CMR 9.03 through
				258
				CMR 9.06 if:
(1) The educational and experience
			 requirements for the license or registration held by that applicant in that
			 other state, territory or political subdivision are substantially equivalent,
			 in the opinion of the Board, to the educational and experience requirements for
			 the level of licensure the applicant is seeking in Massachusetts, as set forth
			 in the applicable provision of
			 258
			 CMR 9.03 through
			 9.06;
(2) The permissible scope of social work
			 practice authorized by the license or registration held by that applicant in
			 that other state, territory or political subdivision is substantially
			 equivalent, in the opinion of the Board, to the permissible scope of practice
			 for the level of licensure the applicant is seeking in Massachusetts, as set
			 forth in the applicable provision of
			 258
			 CMR 12.01 through
			 12.04;
(3) The applicant obtained his or her license
			 or registration in that other state, territory or political subdivision by
			 passing a licensing examination administered by the ASWB required for the level
			 of licensure the applicant is seeking in Massachusetts as set forth in the
			 applicable provision of
			 258
			 CMR 9.03 through
			 9.06;
			 and
(4) The applicant's license or
			 registration in that other state, territory or political subdivision is in good
			 standing at the time of his or her application and has not been revoked,
			 suspended, surrendered, denied, or otherwise restricted or encumbered as a
			 result of any disciplinary proceeding brought by the licensing authority of
			 that state, territory or political subdivision.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 9.00 - Licensure Requirements and Procedures › Section 9.08 - License Term and Expiration

Current through Register 1525, July 5, 2024
With the exception of the original license issued by the Board,
				each licensee must renew their license every two years. Said original license
				shall be valid from the date of issue for a minimum period of 24 months and
				shall expire on the birthday of the licensee next following the end of such
				period. Each subsequent license renewal date shall be on the second anniversary
				of that birth date. Individuals with a birth date of February
				29th shall have an expiration date of March
				1st.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 9.00 - Licensure Requirements and Procedures › Section 9.09 - Renewal, Lapse and Reinstatement of Licenses

Current through Register 1525, July 5, 2024
(1)
Renewal Prior to Expiration
			 Date
. An individual who holds a license to practice social work
			 issued by the Board may renew that license, on or before its expiration date,
			 by filing a properly-completed license renewal application and paying the
			 license renewal fee prescribed by the Executive Office of Administration and
			 Finance pursuant to M.G.L. c. 7, § 3B for that level of
			 licensure.
(2)
Reinstatement Within One Year after Expiration Date
.
			 An individual who fails to renew his or her license to practice social work on
			 or before its expiration date may nevertheless reinstate that license at any
			 time within one year after that expiration date by:
(a) Filing a properly-completed license
			 renewal application;
(b) Paying the
			 license renewal fee for that level of licensure prescribed by the Executive
			 Office of Administration and Finance pursuant to M.G.L. c. 7, § 3B;
			 and
(c) Paying any additional late
			 renewal fee prescribed by the Executive Office of Administration and Finance
			 pursuant to M.G.L. c. 7, § 3B.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 9.00 - Licensure Requirements and Procedures › Section 9.10 - Application Procedures and Applicant Responsibilities

Current through Register 1525, July 5, 2024
(1) All applications for licensure to
			 practice social work in the Commonwealth of Massachusetts shall be made in
			 accordance with all instructions and procedures prescribed by the
			 Board.
(2) Applicants shall be
			 responsible for ensuring that any and all information provided to the Board or
			 its designee in connection with any application for licensure is accurate and
			 complete. An applicant shall notify the Board or its designee, in writing, of
			 any and all material changes in any information provided to the Board in
			 connection with his or her license application which may occur during the
			 license application process.
(3) An
			 applicant may be required to submit to the Board such additional information as
			 the Board may reasonably require in order to determine whether the applicant is
			 qualified and/or suitable for licensure. The Board may require such an
			 applicant to provide such information either in person or in writing. Failure
			 to respond to or cooperate with such requests shall constitute grounds for
			 denial of the application.
(4) An
			 applicant shall be notified of any deficiency in his or her application for
			 licensure. Upon receipt of such notice, an applicant shall have thirty (30)
			 days in which to correct the deficiency and/or submit any missing or incomplete
			 information, unless a longer period is granted by the Board in writing. Failure
			 to submit missing or corrected information within the prescribed time period
			 shall constitute grounds for denial of the application.
(5) Scores on the licensure examinations
			 prescribed by the Board shall be valid for two years from the date on which the
			 report of the score was issued to the applicant. Any applicant whose score on
			 the applicable licensing examination is more than two years old shall be
			 required to retake that examination in order to be licensed at that
			 level.
(6) Applicants shall be
			 responsible for payment of all fees and charges required for licensing
			 examinations, processing of license applications and/or issuance of licenses.
			 All such fees and charges are non-refundable, unless otherwise indicated by the
			 Board or its designee in writing. Failure to pay any fee in a timely manner as
			 directed by the Board shall constitute grounds for denial of the license
			 sought.
(7) A licensee shall notify
			 the Board, in writing or by electronic communication, of any change in his or
			 her name or address, as listed in the licensure records of the Board. Failure
			 to do so shall not excuse the licensee from his or her obligation to renew his
			 or her license in a timely manner, as required by
			 258 CMR
			 9.09.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 12.00 - Scope of Practice › Section 12.01 - Scope of Professional Practice - Licensed Independent Clinical Social Worker (LICSW)

Current through Register 1525, July 5, 2024
An individual who holds a license as a Licensed Independent
				Clinical Social Worker (LICSW) issued by the Board may properly perform or
				provide any or all of the following functions or services:
(1) Practice social work autonomously in any
			 clinical or non-clinical setting, utilizing consultation whenever
			 appropriate;
(2) Provide clinical
			 social work services, as defined in
			 258 CMR 8.03:
Definitions
, autonomously in any practice setting to
			 individuals, couples, families or groups for the purpose of improving,
			 restoring or enhancing their social and/or psychosocial functioning;
(3) Provide case management services which
			 involve the application of clinical diagnostic, assessment or treatment
			 knowledge or skills autonomously in any practice setting;
(4) Provide non-clinical social work
			 services, as defined in
			 258 CMR 8.03:
Definitions
, including case management services of a
			 non-clinical nature, autonomously in any practice setting;
(5) Provide clinical or non-clinical
			 supervision to individual social workers or groups of social workers;
(6) Provide consultation on clinical or
			 non-clinical issues to individuals, groups, members of other professional
			 disciplines, agencies, health care facilities or institutions; and
(7) Perform or provide any other social work
			 function or service which may lawfully be provided by a social worker licensed
			 at the Licensed Certified Social Worker (LCSW), Licensed Social Worker (LSW) or
			 Licensed Social Work Associate (LSWA) level.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 12.00 - Scope of Practice › Section 12.03 - Scope of Professional Practice - Licensed Social Worker (LSW)

Current through Register 1525, July 5, 2024
An individual who holds a license as a Licensed Social Worker
				(LSW) issued by the Board may properly perform any or all of the following
				functions or services:
(1) Provide
			 non-clinical social work services, as defined in
			 258 CMR 8.03:
Definitions
, as an employee of an agency, health care facility
			 or unrelated individual, under the supervision of an individual who is licensed
			 or eligible for licensure as a Licensed Independent Clinical Social Worker
			 (LICSW) or as a Licensed Certified Social Worker (LCSW) and who provides at
			 least one hour per week, or equivalent
pro rata
amount for
			 part-time employees, of face-to-face supervision, which, if provided in a group
			 format, may include no more than four supervisees;
Proration of Required Supervision
				Hours
. The Board will allow for the proration of supervision hours
				to work hours at a rate of not less than one hour per month for social workers.
				A licensee must obtain at least one hour of supervision per 35 hours
				worked.
(2) Provide case
			 management services of a non-clinical nature as an employee of an agency,
			 health care facility or unrelated individual, under the supervision of an
			 individual who is licensed or eligible for licensure as a Licensed Independent
			 Clinical Social Worker (LICSW) or as a Licensed Certified Social Worker (LCSW)
			 and who provides at least one hour per week of face-to-face supervision, which,
			 if provided in a group format, may include no more than four
			 supervisees;
(3) Provide
			 administrative, but not clinical, supervision to individual social workers or
			 groups of social workers who are licensed or eligible for licensure as Licensed
			 Social Workers (LSWs) or Licensed Social Work Associates (LSWAs);
(4) Provide consultation on non-clinical
			 issues only to individuals, groups, members of other professional disciplines,
			 agencies, health care facilities or institutions; and
(5) Perform or provide any other social work
			 function or service which may properly be performed by a social worker licensed
			 at the Licensed Social Work Associate (LSWA) level.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 12.00 - Scope of Practice › Section 12.04 - Scope of Professional Practice - Licensed Social Work Associate (LSWA)

Current through Register 1525, July 5, 2024
An individual who holds a license as a Licensed Social Work
				Associate (LSWA) issued by the Board may properly perform any or all of the
				following social work functions or services, provided that all such functions
				or services are performed as an employee of an agency, health care facility or
				unrelated individual, under the supervision of a social worker who is licensed
				or eligible for licensure at the Licensed Independent Clinical Social Worker
				(LICSW), Licensed Certified Social Worker (LCSW) or Licensed Social Worker
				(LSW) level and who provides at least one hour per week of face-to-face
				supervision, which, if provided in a group format, may include no more than
				four supervisees may be prorated so that the supervision hours to work hours
				are at a rate of not less than one hour per month for social workers. A
				licensee must obtain at least one hour of supervision per 35 hours
				worked.
(1) Obtain information from
			 agency clients and/or applicants for services to determine their service needs
			 and/or the availability of appropriate resources;
(2) Assist individuals or groups in
			 identifying and making use of resources and services which are available to
			 resolve day-to-day problems (
e.g
., employment, housing, health
			 care, child care, financial assistance problems,
etc
.);
			 and
(3) Gather factual information
			 and data for use in conducting social services research including, but not
			 limited to, working with the community to identify unmet service
			 needs.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.01 - Unethical or Unprofessional Conduct Generally

Current through Register 1525, July 5, 2024
A social worker shall not engage in unethical or unprofessional
				conduct. "Unethical or unprofessional conduct" includes, but is not limited to,
				the following:
(1) Violating any
			 provision of M.G.L. c. 112, §§ 130 through 137, or any regulation of
			 the Board promulgated thereunder;
(2) Engaging in, authorizing or aiding or
			 abetting fraud, deceit, misrepresentation of material facts, the provision of
			 false or forged evidence, or bribery in connection with any application for the
			 issuance or renewal of a social work license;
(3) Engaging in, authorizing, or aiding or
			 abetting fraud, deceit, misrepresentation of material facts, the provision of
			 false or forged evidence, or bribery in the course of his or her professional
			 practice;
(4) Using, or attempting
			 to use, a license which has been revoked or suspended, which has expired, or
			 which belongs to another person;
(5) Authorizing or permitting a person to
			 perform functions or services which constitute the practice of social work, as
			 defined in M.G.L. c. 112, § 130, when one knows or has reason to know that
			 said person is not licensed by the Board and that a license is required for the
			 performance of those functions or services;
(6) Authorizing or permitting a licensed
			 social worker to perform a particular social work function or service, when one
			 knows or has reason to know that the performance of that function or service
			 exceeds the legally permissible scope of practice for that level of licensure,
			 or when one knows or has reason to know that the individual in question does
			 not possess the knowledge or skills necessary for proper performance of that
			 function or service;
(7) Offering,
			 giving, soliciting, receiving or agreeing to receive any fee or other
			 consideration to or from a social worker or other health care professional for
			 the referral of a client;
(8)
			 Engaging in any other conduct which violates federal or state law and which
			 reasonably calls into question his or her fitness to practice social
			 work;
(9) Engaging in any conduct
			 which violates the civil or legal rights of a client; or
(10) Engaging in any course of conduct which
			 is expressly prohibited by, or which constitutes a failure to conform to:
(a) any provisions of the Code of Ethics of
			 the National Association of Social Workers, as adopted by the 1979 NASW
			 Delegate Assembly and amended from time to time hereafter, to the extent that
			 said provision is not inconsistent with federal or state law; or
(b) any other generally accepted standard(s)
			 of professional conduct.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.02 - Performance of Services without Informed Consent

Current through Register 1525, July 5, 2024
(1) A
			 social worker shall not perform or attempt to perform any social work service
			 or function without the informed consent of the client or prospective client
			 who is to receive that service or, in the case of a service recipient who lacks
			 the legal capacity to give valid consent, the informed consent of an individual
			 who is legally authorized to give consent on behalf of that client or
			 prospective client.
(2) Where the
			 client or prospective client who is to receive the social work service is not
			 mentally competent to give legally valid consent to the performance or
			 provision of that service, the social worker shall not perform or attempt to
			 perform that service without the prior written consent of a guardian appointed
			 by a court of competent jurisdiction to act on behalf of that client or
			 prospective client.
(3) Where the
			 client or prospective client who is to receive the social work service is a
			 minor, the informed consent of at least one of that minor's parents or the
			 minor's legal guardian is required before the social work service is performed
			 or provided, unless:
(a) The minor is married,
			 widowed or divorced;
(b) The minor
			 is the parent of a child himself or herself;
(c) The minor is a member of any of the armed
			 forces of the United Stats;
(d) The
			 minor is living separate and apart from his or her parent(s) or legal guardian
			 and is managing his or her own financial affairs;
(e) The minor reasonably believes that he or
			 she is suffering from, or has come into contact with, a disease defined as
			 dangerous to the public health pursuant to M.G.L. c. 111, § 6, and the
			 service(s) to be performed pertain to the diagnosis or treatment of that
			 disease; or
(f) The best interests
			 of the minor will be served by not notifying his or her parent(s) or legal
			 guardian of the performance of the proposed service(s), and the social worker
			 reasonably believes that the minor fully understands the nature of the proposed
			 service(s) and the risks and benefits of those service(s).
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.03 - Performance of Services Not Authorized by Law

Current through Register 1525, July 5, 2024
A social worker shall not perform, or offer to perform, any
				function or service which he or she is not authorized by law to perform. Such
				functions or services include, but are not necessarily limited to, the
				following:
(1) Prescribing,
			 furnishing, or administering any pharmacological agent to a client in the
			 course of his or her professional practice, whether or not the pharmacological
			 agent in question is a controlled substance under federal or state
			 law;
(2) Diagnosing or attempting
			 to diagnose any organic illness or disorder through the use of medical tests,
			 examinations or procedures, rather than through accepted social work
			 methods;
(3) Prescribing or
			 administering any form of organic or medical therapy or treatment; or
(4) Otherwise performing or providing any
			 function or service which exceeds the legally permissible scope of practice for
			 his or her level of licensure, as defined in
			 258
			 CMR 12.01 through 12.05.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.04 - Negligent or Incompetent Practice

Current through Register 1525, July 5, 2024
A social worker shall not perform any professional function or
				service in a negligent or incompetent manner. A function or service is
				performed in a negligent or incompetent manner if:
(1) The social worker, in performing that
			 function or service, failed to exercise that degree of care and skill which is
			 ordinarily exercised by a reasonably prudent social worker in like
			 circumstances; or
(2) The social
			 worker performed the function or service in spite of the fact that he or she
			 knew, or had reason to know, that performance of that function or service was
			 beyond the scope of his or her skills, training or expertise.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.05 - Practicing While Impaired

Current through Register 1525, July 5, 2024
A social worker shall not perform, or offer to perform, any
				professional function or service at any time while he or she is impaired as a
				result of intoxication due to the use of alcohol or drugs, or as a result of
				incapacitation due to illness.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.06 - Sexual Misconduct

Current through Register 1525, July 5, 2024
A social worker shall not engage in, solicit, or otherwise
				attempt to engage in any form of sexual relationship or activity with a client,
				or with any prospective client, or with any former client to whom the social
				worker has provided professional services or a professional consultation. It
				shall be a violation of this section for any social worker to induce, or
				attempt to induce, any present, prospective or former client to engage in any
				form of sexual relationship, activity or contact with that social worker by
				falsely representing that the sexual relationship, activity or contact will or
				may be of diagnostic or therapeutic benefit to that present, prospective or
				former client.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.07 - Other Improper Relationships with Clients or Third Parties

Current through Register 1525, July 5, 2024
A social worker shall not engage in, or attempt to engage in,
				any social relationship with a client or prospective client, or with any third
				person whom that client or prospective client knows, if a reasonably prudent
				social worker, in light of all of the relevant facts and circumstances, would
				conclude that that relationship is likely to result in exploitation of, or
				identifiable physical or emotional harm to, that present or prospective
				client.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.08 - Unlawful Discrimination

Current through Register 1525, July 5, 2024
A social worker shall not engage in, facilitate, or collaborate
				in any form of discrimination on the basis of race, color, religious creed,
				national origin, sex, sexual orientation, age, ancestry, marital status, status
				as a veteran or member of the armed forces, blindness, hearing impairment or
				any physical or mental disability with respect to the availability, provision,
				or performance of any professional function or service.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.09 - Violations of Client Confidentiality Rights

Current through Register 1525, July 5, 2024
(1) A social worker shall not, at any time,
			 disclose client records, or any communications or information obtained from or
			 pertaining to a present or prospective client, unless such disclosure is
			 authorized by M.G.L. c. 112, § 135 through 135B,
			 258 CMR 22.00, or other
			 applicable state and federal laws or regulations.
(2) It shall be a violation of this section
			 for any social worker to fail to inform a client, in accordance with the
			 requirements of
			 258
			 CMR 22.06, about the limits on the
			 confidentiality of client records and/or information obtained from that client
			 in the course of that professional relationship, as set forth in M.G.L. c. 112,
			 § 135 through 135B,
			 258 CMR 22.00, or other
			 applicable state and federal laws or regulations.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.10 - Denial of Client Access to Records

Current through Register 1525, July 5, 2024
A social worker shall not deny a client, or the authorized
				legal representative of such a client, access to any social work records
				pertaining to that client, except as provided in M.G.L. c. 112, § 135
				through 135B,
				258 CMR 22.00 or other
				applicable state or federal laws or regulations.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.11 - Other Improper Use of Client Information or Records

Current through Register 1525, July 5, 2024
A social worker shall not use any information obtained from a
				client in the course of providing professional services to that client,
				including but not limited to the fact that he or she has a professional
				relationship with that client, for his or her own private or pecuniary gain
				without the informed written and voluntary consent of that client. 258 CMR
				20.11 shall not prohibit a social worker from disclosing or making use of
				information about a client, to the extent authorized by M.G.L. c. 112, §
				135A(d) and
				258 CMR
				22.04(7), in order to
				collect amounts owed by the client for professional services
				rendered.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.12 - Failure to Comply with Laws Governing Research Activities

Current through Register 1525, July 5, 2024
A social worker shall not violate any applicable federal or
				state laws or regulations pertaining to informed consent, confidentiality of
				information, and treatment of research subjects, in connection with any
				research activity.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.13 - Failure to Disclose Fee Information

Current through Register 1525, July 5, 2024
A social worker shall not fail or refuse to provide a client or
				prospective client with adequate and timely information about the fees which he
				or she charges for professional services rendered and the manner in which such
				fees may be paid, including adequate and timely information about the
				availability of insurance benefits and the date of exhaustion of any such
				coverage, if the client or prospective client requests such
				information.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.14 - Unlawful Advertising Practices

Current through Register 1525, July 5, 2024
(1) A social worker shall not advertise for
			 clients in a manner that is false, deceptive, or misleading.
(2) A licensed social worker shall not:
(a) Fail or refuse to disclose his or her
			 licensure level in any print, electronic or other advertising materials used to
			 inform the public about his or her practice;
(b) Perform any advertised function or
			 service at a fee or cost which is higher than the fee or cost advertised,
			 unless:
1. the social worker cannot reasonably
			 charge the advertised amount because of unforeseen circumstances,
2. the social worker informs all parties
			 directly involved of those unforeseen circumstances, and
3. the social worker obtains the informed
			 written consent of all parties directly involved prior to performing the
			 function or service at the higher amount;
(c) Otherwise fail to comply with all
			 representations contained in any advertisement; or
(d) Communicate any advertisement to the
			 public by use of radio, television, motion pictures or other electronic media
			 unless:
1. such advertisement has been
			 pre-recorded and approved for broadcasting or dissemination by the social
			 worker, and
2. a copy of such
			 advertisement is retained by the social worker and made available to the Board
			 upon request.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 20.00 - Standards Of Professional Practice And Conduct › Section 20.15 - Violations Shall Constitute Grounds for Disciplinary Action

Current through Register 1525, July 5, 2024
Violation of any provision of
				258 CMR
				20.01 through
				258 CMR
				20.14 may constitute "malpractice" or "gross
				misconduct in the practice of the profession" within the meaning of M.G.L. c.
				112, § 61, and shall, in any event, constitute sufficient grounds for
				disciplinary action by the Board pursuant to
				258 CMR
				30.03(1).
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 22.00 - Confidentiality of Client Communications and Records › Section 22.01 - Applicability

Current through Register 1525, July 5, 2024
For purposes of
				258 CMR 22.00, the term
				"social worker" shall include, and the provisions of
				258 CMR 22.00 shall apply
				to:
(1) Any social worker who holds a
			 license issued by the Board pursuant to M.G.L. c. 112, § 131 and
			 258
			 CMR 9.03 through
			 9.07;
(2) Any social worker who provides social
			 work services in his or her capacity as an employee of a unit of state, county
			 or municipal government within the Commonwealth of Massachusetts and is exempt
			 from licensure pursuant to M.G.L. c. 112, § 134 and
			 258 CMR
			 9.02(1);
(3) Any social work student, social work
			 intern, social work trainee or other individual who is authorized to provide
			 social work services pursuant to
			 258 CMR
			 9.02(2) or (3);
			 and
(4) Any agent, employee,
			 administrative or clinical supervisor, professional colleague or consultant of
			 any individual who is covered by 258 CMR 22.01(1) through (3) who obtains or
			 receives information about a client or prospective client which is protected by
			 258
			 CMR 22.03.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 22.00 - Confidentiality of Client Communications and Records › Section 22.02 - Establishment and Retention of Clinical Treatment Records

Current through Register 1525, July 5, 2024
(1)
Establishment of Clinical
			 Treatment Records
. A social worker who provides clinical social
			 work services shall establish and maintain a separate, legible, adequate and
			 accurate written clinical treatment record for each client receiving such
			 services. This clinical treatment record shall be maintained in accordance with
			 accepted standards of professional social work practice, shall identify the
			 client to whom it pertains, and shall contain:
(a) A description of the client's prior
			 history of services, if any;
(b) A
			 description of the client's present reasons for seeking clinical social work
			 services;
(c) An assessment or
			 diagnosis of the client's mental, emotional or behavioral condition, disorder
			 or addiction;
(d) Documentation of
			 any changes or revisions in the assessment or diagnosis of the client's mental,
			 emotional or behavioral condition, disorder or diagnosis which occur during the
			 provision of clinical social work services by that social worker;
(e) A treatment plan which sets forth the
			 treatment goals and objectives established by the client and the social worker,
			 describes the nature of the clinical social work services provided and
			 identifies the treatment modalities used;
(f) Documentation of any changes or revisions
			 in the treatment plan which occur during the provision of clinical social work
			 services to that client by that social worker;
(g) A description of the frequency and
			 duration of the services provided;
(h) Progress notes containing the social
			 worker's assessment of the client's progress in treatment;
(i) Recommendations and/or plans for further
			 treatment or services for the client, where appropriate;
(j) Documentation of any fees charged,
			 payments obtained, and other relevant billing and/or insurance
			 information;
(k) Documentation that
			 the client has been informed of his or her confidentiality rights, as required
			 by
			 258
			 CMR 22.05;
(l) Copies of all client authorizations for
			 release of information or records; and
(m) Any other information reasonably
			 necessary to permit proper assessment and treatment of the client in the
			 future.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 22.00 - Confidentiality of Client Communications and Records › Section 22.03 - Confidentiality of Client Communications and Records - General Rule

Current through Register 1525, July 5, 2024
(1)
Types of Client Communications Protected
. The
			 following types of client communications, information or records are
			 confidential:
(a) Any communication between a
			 social worker and a client or prospective client which occurs during a client
			 encounter or other professional consultation between that social worker and
			 that client or prospective client;
(b) Any information which is acquired from,
			 or revealed by, a client or prospective client during the course of any client
			 encounter or other professional consultation between a social worker and that
			 client or prospective client;
(c)
			 Any communication between a social worker and a third party which pertains to a
			 client or prospective client of that social worker, and which occurs during the
			 course of, or in connection with, the social worker's performance of
			 professional services or professional consultations for that client or
			 prospective client;
(d) Any
			 information acquired from, or revealed by, a third party which pertains to a
			 client or prospective client of a social worker and which is acquired or
			 revealed by that third party during the course of, or in connection with, the
			 social worker's performance of professional services or professional
			 consultations for that client or prospective client;
(e) Any communication or information about
			 whether or not a particular individual is a client or prospective client of a
			 social worker or has received professional services or professional
			 consultations from a social worker;
(f) Any communication or information about
			 the circumstances under which a particular client or prospective client of a
			 social worker became a client of that social worker or received professional
			 services or professional consultations from that social worker; or
(g) Any written entry, notation, record,
			 document, correspondence or other writing contained in any clinical treatment
			 record established or maintained pursuant to
			 258 CMR
			 22.02 which contains any of the types of
			 communications or information identified in 258 CMR 22.03(1)(a) through
			 (f).
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 22.00 - Confidentiality of Client Communications and Records › Section 22.04 - Limitations and Exceptions to Client Confidentiality

Current through Register 1525, July 5, 2024
(1)
Disclosure to Colleagues or
			 Employees Providing Services to Client
. A social worker may
			 disclose client communications, information or records to his or her employee
			 or agent, an administrative or clinical supervisor, or a professional colleague
			 who is licensed under the applicable laws of the Commonwealth of Massachusetts
			 or any other jurisdiction, without the written consent of the client if:
(a) The client has been informed in advance
			 of the nature of the disclosure to be made, the purpose for which it will be
			 made, and the provisions of 258 CMR 22.04(1);
(b) The client has not objected to such
			 disclosure;
(c) The individual to
			 whom the communications, information or records are disclosed is responsible
			 for ensuring the adequacy and/or continuity of professional services for that
			 client;
(d) The disclosure of such
			 communications, information or records is reasonably necessary to ensure the
			 adequacy and/or continuity of professional services to that client;
(e) The extent of the disclosure is limited
			 to that which is reasonably necessary to ensure the adequacy and/or continuity
			 of professional services for that client; and
(f) The individual to whom the
			 communications, information or records are disclosed is required to keep such
			 information confidential to the extent required by
			 258 CMR 22.00 or any other
			 applicable state or federal laws or regulations.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 22.00 - Confidentiality of Client Communications and Records › Section 22.05 - Client's Right to Prevent Disclosure of Communications In Certain Proceedings

Current through Register 1525, July 5, 2024
A social worker shall not disclose or testify about any client
				communications or information which relate to the diagnosis or treatment of the
				client's mental, emotional or behavioral disorder, condition or addiction in
				any judicial, legislative or administrative proceeding without the valid
				written consent of that client, unless such disclosure or testimony is required
				or authorized by M.G.L. c. 112, § 135B or is ordered by a court of
				competent jurisdiction.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 22.00 - Confidentiality of Client Communications and Records › Section 22.06 - Obligation to Inform Clients of Confidentiality Rights and Limitations

Current through Register 1525, July 5, 2024
A social worker shall inform a client of the client's
				confidentiality rights and the limitations and exceptions to such rights, as
				set forth in
				258
				CMR 22.03 through
				22.05,
				no later than the end of the first client encounter or professional
				consultation with that client, unless sound professional practice dictates
				otherwise. The social worker shall document the client's receipt of such
				information, in writing, in the client's clinical treatment record required by
				258 CMR
				22.02. Where the client is not informed of
				these confidentiality rights and the limitations and exceptions to those rights
				at the first client encounter or professional consultation, the social worker
				shall also document the reasons for the delay in the provision of such
				information in the client's clinical treatment record.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 30.00 - Complaint Procedures And Grounds For Disciplinary Action › Section 30.01 - Filing of Complaints

Current through Register 1525, July 5, 2024
Any individual, organization, governmental entity or member of
				the Board may file a complaint with the Board alleging that a licensee has
				engaged in conduct which violates any provision of M.G.L. c. 112, ss. 130
				through 137 or any provision of 258 CMR 1.00 et.seq., or has otherwise engaged
				in improper practice as a social worker. All such complaints shall be filed
				with the Board in writing. The Board may, in its discretion, investigate
				anonymous complaints.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 30.00 - Complaint Procedures And Grounds For Disciplinary Action › Section 30.02 - Investigation of Complaints

Current through Register 1525, July 5, 2024
(1)
			 The Board shall investigate any and all complaints which allege that a social
			 worker has violated any provision of M.G.L. c. 112, §§ 130 through
			 137, any rule or regulation of the Board, or any other state or federal law or
			 regulation pertaining to the professional conduct or activities of social
			 workers; or has otherwise engaged in improper or unethical professional
			 conduct.
(2) If the Board makes a
			 preliminary determination that a complaint may have merit, the Board shall
			 request that the licensee who is the subject of the complaint provide a written
			 response to that complaint. A licensee may respond to such a request either
			 personally or through an attorney. The response shall address the substantive
			 allegations set forth in the complaint itself, or in the Board's request for a
			 response to that complaint, and shall be provided in a timely manner as
			 directed by the Board. Failure to provide a complete and timely response to a
			 complaint may be construed by the Board as an admission that the allegations
			 contained in the complaint are true, unless the licensee shows good cause for
			 his or her failure to respond.
(3)
			 No person who files a complaint, reports or provides information to the Board
			 in connection with the investigation of a complaint, or otherwise assists the
			 Board in discharging its duties and functions, shall be held liable in any
			 cause of action arising out of these activities, as long as the person making
			 the complaint or providing such information or assistance does so in good faith
			 and without malice.
(4) All
			 complaints, reports, records, documents or other information received or kept
			 by the Board in connection with any investigation conducted by the Board
			 pursuant to 258 CMR 30.02(1) shall remain confidential until such time as the
			 Board has disposed of the matter by dismissing the complaint, issuing an Order
			 to Show Cause, or taking other final action on said complaint. Notwithstanding
			 the foregoing:
(a) Certain records or
			 information received or kept by the Board in connection with any investigation
			 conducted pursuant to this section shall remain confidential even after final
			 action on the complaint has been taken by the Board, to the extent that
			 disclosure of such information is restricted by other applicable state or
			 federal law; and
(b) The
			 requirement that investigative records or information shall be kept
			 confidential shall not apply to requests for such information received from the
			 person under investigation or the complainant.