Publications from ODSW Social Insights: Letters by DSW (Vol 1) | Page 130

Ethics 2

Dear Students of Social Work,
Standards of practice in the Code
This is a follow up to the earlier letter on the code of ethics for social work.
Breaching the Code is not necessarily breaking the law and the regulation of
the social work profession here is not yet determined by the state through
law. In the United States, it varies from state to state if the licensing of social
workers incorporates the Code or not. Where the state incorporates the
Code, a Licensed Clinical Social Worker who breaches the Code would not
only be subjected to the Association’s professional review process but the
state’s licensing board could also hear the case and determine the appropriate
consequences.
In the States where there is legislation, one of the most severe consequences
of a board determination is revocation of licence, which prohibits the worker
from practicing clinical social work. One might ask, “Can a person go to jail for
breaking the licensing laws?” The answer is generally, no. The law determines
which consequences the regulatory board can and cannot impose. If the
social worker breaks a criminal law - for instance, defrauding a client - then
the worker could be charged criminally, and criminal sanctions (such as fines
or jail term) could be imposed.
Whereas criminal law provides punishment and deterrence for criminal
behaviours, civil law provides people who have been injured with an
opportunity to sue the person who caused the injury. One area of civil law
most pertinent to social work is malpractice, or professional negligence. To
substantiate malpractice, client must prove that
(a) the social worker owed the client a duty of care,
(b) the worker breached that duty,
(c) the breach led to injuries suffered by the client, and
(d) there was a reasonably close link (proximate cause) between the breach
and the damages.
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