Statutes, codes, and regulations
Missouri Administrative Code
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCEDivision 2263 - State Committee for Social Workers
Chapter 3 - Ethical Standards/Disciplinary Rules
Section 20 CSR 2263-3.100 - Confidentiality

Mo. Code Regs. tit. 20 § 2263-3.100

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Current through Register Vol. 49, No. 23, December 2, 2024
Section 20 CSR 2263-3.100 - Confidentiality

PURPOSE: This amendment updates terminology from "member(s) of the profession" to "licensee(s)".

(1) A licensee shall take reasonable personal action, and inform responsible authorities or inform those persons at risk, when the conditions or actions of clients indicate that there is clear and imminent danger to clients or others. When the member is uncertain about the duty to protect, consultation with other professionals is appropriate.
(2) A licensee shall inform clients, at the onset of the professional relationship, of the limits of confidentiality.
(3) A licensee shall keep confidential his/her therapy relationships with clients including information obtained from this relationship with clients with the following exceptions:
(A) When the client gives written consent;
(B) When the client constitutes a danger to him/herself or to others;
(C) When the member is under court order to disclose information; or
(D) When required by law.
(4) A licensee shall make every reasonable effort to see that the member's employer provides for maintenance, storage, and disposal of the records of clients so that unauthorized persons shall not have access to these records.
(5) A licensee shall not forward to another person, agency, or potential employer any confidential information of a client without the written consent of the client(s) or their legal guardian(s) nor shall they violate any laws or regulations of this state or the federal government with respect to this information.
(6) When providing counseling services to families, couples, or groups, a licensee shall seek agreement among the parties involved concerning each individual's right to confidentiality and obligation to preserve the confidentiality of information shared by others. Participants in family, couples, or group counseling shall be informed by the member that there is no guarantee that all participants will honor such agreements.
(7) Social workers who use social media and/or other electronic means of communication and/or recordkeeping must ensure that all use of electronic communication and recordkeeping comply with all ethical duties and with all relevant statutes and regulations.

20 CSR 2263-3.100

AUTHORITY: sections 337.600, 337.615, 337.627, 337.630, and 337.665, RSMo Supp. 2009.* This rule originally filed as 4 CSR 263-3.100. Original rule filed Sept. 18, 1990, effective Feb. 14, 1991. Rescinded and readopted: Filed Dec. 30, 1998, effective July 30, 1999. Amended: Filed June 25, 2004, effective Dec. 30, 2004. Moved to 20 CSR 2263-3.100, effective Aug. 28, 2006. Rescinded and readopted: Filed Aug. 27, 2009, effective April 30, 2010.
Amended by Missouri Register August 1, 2019/Volume 44, Number 15, effective 9/30/2019
Amended by Missouri Register January 15, 2020/Volume 45, Number 2, effective 2/29/2020

*Original authority: 337.600, RSMo 1989, amended 1995, 2003, 2005, 2007, 2008, 2009; 337.615, RSMo 1989, amended 1995, 1997, 2001, 2004, 2005, 2006, 2007; 337.627, RSMo 1989, amended 1993, 1995, 1997, 2007; 337.630, RSMo 1989, amended 1997, 2007; and 337.665, RSMo 2001, amended 2004, 2007.