OAR 877-030-0040: Conduct and Reporting Requirements of Regulated Social Workers

(1) Conduct: The following minimum standards of professional conduct apply to regulated social workers: (a) Private conduct of regulated social workers is a personal matter to the same extent as with any other person, except when that conduct compromises the fulfillment of professional responsibilities. (b) Regulated social workers may not participate in, condone, or be associated with dishonesty, fraud, deceit, or misrepresentation. (c) Regulated social workers may not misrepresent their professional qualifications, education, experience, or affiliations. (2) Reporting Requirements: (a) Regulated social workers must report to the Board as soon as practicable, but not later than 10 days after: (A) Being convicted of a misdemeanor or felony; (B) Being arrested for a felony crime; (C) Receiving notice of a civil lawsuit that names the regulated social worker as a defendant and makes allegations related to the regulated social worker’s practice of clinical social work or the regulated social worker’s license or certificate; (D) Becoming an in-patient in a psychiatric hospital or psychiatric day treatment facility; or (E) Receiving notice of a regulatory action related to the regulated social worker’s license or certificate. (b) Regulated social workers must report child and elderly abuse as required by ORS 419B.005 to 419B.050 and 124.050 to 124.095. (c) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a regulated social worker is required to report to the board any information the regulated social worker has that appears to show that a regulated social worker is or may be an impaired professional or may have engaged in unprofessional conduct according to the guidelines of the code of ethics, to the extent that disclosure does not conflict with the requirements of ORS 675.580. A regulated social worker is an impaired professional if the regulated social worker is unable to practice with professional skill and safety by reason of habitual or excessive use or abuse of drugs, alcohol or other substances that impair ability or by reason of a mental health disorder. (d) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a regulated social worker licensee who has reasonable cause to believe that a licensee has engaged in prohibited or unprofessional conduct is required to report the conduct to the board responsible for the licensee who is believed to have engaged in the conduct. The reporting regulated social worker must report the conduct without undue delay, but in no event later than 10 working days after the reporting regulated social worker learns of the conduct. In this section: (A) “Licensee” means a health professional licensed or certified by or registered with a board. (B) “Board” has the meaning given that term in ORS 676.150. (C) “Prohibited conduct” means conduct by a licensee that: (i) Constitutes a criminal act against a patient or client; or (ii) Constitutes a criminal act that creates a risk of harm to a patient or client. (D) “Unprofessional conduct” means conduct unbecoming a licensee or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the licensee's profession or conduct that endangers the health, safety or welfare of a patient or client. (3) Administrative Reporting Requirements: Regulated Social Workers must notify the Board as soon as practicable, but no later than 30 days, after changes in the regulated social workers name of record, address of record, and employer of record, including changes in the mailing address of the employer of record, as defined in OAR 877-001-0009.