SB 26 Unprofessional Conduct and How to File a Complaint
Senate Bill 26 requires all mental health professionals to include a disclosure section regarding unprofessional conduct and how to file a complaint with the Division of Occupational and Professional Licensing.
Meaghan Binis, LCSW
Licensed Clinical Social Worker
License # 8618831-3501
(801)855-6137
Gordon Gardner, LCSW
Licensed Clinical Social Worker
License # 8460607-3501
(385) 446-6225
Contact information for the Division of Professional Licensing (DOPL)
The Division of Occupational and Professional Licensing, which operates in the state of Utah. It is a government agency responsible for regulating and licensing various professions and occupations to ensure public safety and welfare. DOPL ensures that individuals practicing these professions meet specific educational and training requirements, adhere to professional standards and ethics, and maintain their competence throughout their careers. The division also investigates complaints and takes disciplinary action against licensees who violate state laws or regulations.
Address: 160 E 300 S, Salt Lake City, UT 84114
How to file a complaint:
Visit https://www.dopl.utah.gov/ and click on “File a Complaint” or click on https://services.dopl.utah.gov/s/ Fill out all the necessary information.
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Ø Information about the license holder's qualifications and experience, including a listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the license holder, the name of the granting school or institution, and the continuing education that the licensee is required to complete to retain the license.
Ø Information regarding standards of appropriate care and ethical boundaries, including a copy of the statutory and administrative rule definitions of unprofessional conduct, or a copy of the generally recognized professional or ethical standards.
Ø for any course of treatment, the method of treatment recommended, the reasoning supporting the method of treatment, the techniques used, the expected duration of the treatment, if known, and the fee structure.
Ø Information regarding the individuals who have or have had access to confidential data related to the care of the patient, including evaluations, assessments, diagnoses, prevention or treatment plans, reports, progress notes, discharge summaries, treatment or documentation of treatment, including video recording, live stream, or in-person observations of psychotherapy or other treatment methods.
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Licensed Clinical Social Workers (LCSWs) adhere to ethical guidelines to ensure the well-being and confidentiality of their clients. These boundaries are outlined by professional organizations like the National Association of Social Workers (NASW) and are enforced by state licensing boards. Here are some key ethical boundaries LCSWs typically follow:
Ø Confidentiality: LCSWs are bound by confidentiality, meaning they must keep all client information private unless there is a legal requirement to disclose, or the client poses a danger to themselves or others.
Ø Professional Competence: LCSWs must maintain a level of professional competence in their practice. This includes ongoing education and training to stay updated on best practices and relevant laws and regulations.
Ø Informed Consent: Before starting treatment, LCSWs must obtain informed consent from clients, explaining the nature and purpose of treatment, risks and benefits, confidentiality, and any potential alternative treatments. Clients may not have the capacity to provide genuine consent to a romantic or sexual relationship due to the power dynamics inherent in the therapeutic relationship. Even if a client appears to initiate or consent to such a relationship, the social worker has a professional obligation to decline and maintain appropriate boundaries.
Ø Conflict of Interest: LCSWs must avoid conflicts of interest that could interfere with their ability to provide competent and impartial services to clients. Engaging in a romantic or sexual relationship with a client creates a significant conflict of interest.
Ø Cultural Competence and Diversity: LCSWs must respect the diversity of their clients, including cultural, ethnic, religious, and socioeconomic backgrounds, and provide services that are culturally sensitive and appropriate.
Ø Professional Integrity: LCSWs must conduct themselves with honesty, integrity, and professionalism in all aspects of their practice.
Ø Supervision and Consultation: LCSWs should seek supervision and consultation when necessary to ensure the quality of their services and address any ethical dilemmas that may arise in their practice.
Ø Boundaries of Relationships: Maintaining appropriate boundaries in relationships is foundational to the ethical practice of social work, particularly for LCSWs who work closely with clients in therapeutic settings. Here's an expanded explanation of this principle:
o Professional Distance: LCSWs are tasked with providing support, guidance, and therapeutic interventions to clients. Maintaining a professional distance ensures that the focus remains on the client's well-being and progress. This means refraining from becoming overly familiar or emotionally enmeshed with clients.
o Avoiding Dual Relationships: Dual relationships occur when the social worker and client have multiple roles or connections beyond the therapeutic relationship. For example, a dual relationship might exist if the LCSW is also a neighbor, family friend, employer, or romantic partner of the client outside of the therapeutic setting. Engaging in dual relationships can create conflicts of interest, impair professional judgment, and potentially harm the client.
o Power Dynamics: In the therapeutic relationship, there is an inherent power differential between the LCSW and the client. LCSWs hold authority and expertise, while clients may be in vulnerable or dependent positions. Introducing romantic or sexual elements to this relationship can exploit the vulnerability of the client and undermine their ability to make informed decisions freely. LCSWS must recognize and manage this power dynamic ethically, avoiding any actions that could exploit or manipulate clients for personal gain and undermine clients’ ability to make informed decisions freely.
o Boundary Crossings vs. Boundary Violations: While maintaining boundaries is essential, there may be instances where a boundary crossing is necessary for the benefit of the client, such as attending a client's important life event with their consent. However, boundary violations occur when the LCSW's actions harm the client or compromise the therapeutic relationship. These violations can range from inappropriate personal disclosures to engaging in sexual relationships with clients, both of which are strictly prohibited and unethical.
o Ethical Decision-Making: LCSWs are expected to navigate complex ethical dilemmas related to boundaries with careful consideration and adherence to professional standards. This involves regular supervision, consultation with colleagues, and ongoing self-reflection to ensure that their actions prioritize the well-being and autonomy of clients.
o Ethical Obligations: Social workers are bound by ethical codes and standards that explicitly prohibit romantic or sexual relationships with current or former clients. These standards are upheld by professional organizations such as the National Association of Social Workers (NASW) and enforced by state licensing boards.
o Termination and Referral: If a social worker finds themselves experiencing romantic or sexual feelings towards a client, or if a client expresses romantic interest, it is the social worker's responsibility to terminate the professional relationship ethically and refer the client to another qualified practitioner.
These ethical boundaries are crucial for maintaining the trust and integrity of the social work profession and ensuring that clients receive competent and ethical care. Social work ethics unequivocally prohibit romantic and sexual relationships between social workers and their clients due to the inherent power imbalance, potential for exploitation, and violation of professional boundaries. Violating these boundaries can result in disciplinary action by licensing boards and professional organizations.
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Clients have several rights in therapy, which are essential for ensuring their well-being, autonomy, and dignity. These rights are upheld by professional ethics and standards and include:
Ø Informed Consent: Clients have the right to receive clear and comprehensive information about the therapeutic process, including the goals, methods, potential risks, benefits, and alternatives. They should provide informed consent before starting therapy, and they have the right to ask questions and seek clarification about any aspect of the treatment.
Ø Confidentiality: Clients have the right to expect that all information shared during therapy sessions will be kept confidential, with some exceptions such as when there is a risk of harm to themselves or others, or when required by law. Therapists must explain the limits of confidentiality to clients at the beginning of therapy.
Ø Respect and Dignity: Clients have the right to be treated with respect, dignity, and sensitivity by their therapists. Therapists should demonstrate cultural competence and avoid any form of discrimination, judgment, or exploitation.
Ø Autonomy and Self-Determination: Clients have the right to make autonomous decisions about their treatment, including the right to refuse or terminate therapy at any time. Clients have the right to obtain second opinions regarding treatment at any time. Therapists should respect clients' choices and preferences, providing support and guidance without imposing their agenda.
Ø Competent and Ethical Treatment: Clients have the right to receive competent and ethical treatment from qualified professionals. Therapists should adhere to professional standards of practice, maintain ongoing education and training, and seek supervision and consultation when necessary to ensure the quality of care.
Ø Boundaries and Dual Relationships: Clients have the right to expect clear and appropriate boundaries in their therapeutic relationships. Therapists should refrain from engaging in dual relationships or any behavior that could compromise the therapeutic relationship or exploit the client.
Ø Access to Records: Clients have the right to access their own therapy records and have them explained in a clear and understandable manner. Therapists should maintain accurate and confidential records and provide clients with reasonable access to their information upon request.
Ø Feedback and Complaints: Clients have the right to provide feedback about their therapy experience and to express concerns or complaints about the therapist's conduct or the therapeutic process. Therapists should listen to clients' feedback with openness and take appropriate action to address any issues raised.
These rights empower clients to actively participate in their therapy process, make informed decisions about their treatment, and advocate for their well-being. Therapists have a professional and ethical obligation to uphold these rights and ensure that clients feel respected, supported, and empowered throughout their therapeutic journey.