OR SW Jurisprudence: Ethics, Professional Conduct, and the Disciplinary Process

Ethics rules and prohibited conduct

Board rules in OAR chapter 877 require competence, informed consent, confidentiality, accurate records, and clear boundaries. Prohibited conduct includes sexual contact with a client or with a former client within the prohibited period, financial exploitation, practicing while impaired, failing to report abuse, abandoning clients, and practicing outside scope. Sexual misconduct is both a licensing violation and, in many circumstances, a crime.

The disciplinary process

1. A complaint is filed with the Board.
2. The Board screens and investigates; the licensee is notified and given an opportunity to respond.
3. The matter resolves informally or proceeds to formal charges.
4. A contested case hearing is held under ORS chapter 183 before an administrative law judge.
5. A proposed and then final order issues. Sanctions include reprimand, probation with conditions, suspension, revocation, and civil penalties. Licensees must cooperate with investigations; failing to respond can itself be a violation.

Worked example

A client gives an LCSW a $1,000 gift after discharge. Reasoning: substantial gifts are a boundary issue. The LCSW should decline or process the offer in supervision, document the conversation, and assess whether a dual relationship has formed. Accepting a large gift from a vulnerable former client risks discipline even though therapy has ended.

Traps

• Assuming a relationship is acceptable merely because it began after termination.
• Confusing the Board's ethics rules with the NASW Code of Ethics; NASW is not the licensing authority.
• Ignoring self-reporting duties for criminal convictions or disciplinary actions.
• Treating an advisory letter as a formal sanction; know the difference between advice, reprimand, and order.