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Clinical Social Work Journal

https://doi.org/10.1007/s10615-022-00859-7

ORIGINAL PAPER

When the Client is a Struggling Clinical Social Worker: Ethical


Challenges
Frederic G. Reamer1 

Accepted: 19 November 2022


© The Author(s), under exclusive licence to Springer Science+Business Media, LLC, part of Springer Nature 2022

Abstract
Some clinical social workers encounter personal struggles and seek counseling services from other clinical social workers.
These complex clinical relationships sometimes produce challenging ethical issues, particularly when treating social workers
are concerned that their clients, who are also professional colleagues, may be impaired or have engaged in ethical misconduct.
This article identifies challenging ethical issues and dilemmas that can arise when clinical social workers treat clinical
social workers; reviews pertinent ethical standards; and discusses practical risk management protocols designed to protect
clients, treatment providers, and employers. The author focuses especially on ethical issues related to consent-to-treatment
agreements; release of information; confidentiality and its exceptions; management of social worker impairment; practitioner
self-care; documentation; and boundary issues.

Keywords  Confidentiality · Documentation · Ethics · Impairment · Informed consent

Some clinical social workers encounter personal struggles et  al., 2021; Boland-Prom, 2009; Boland-Prom et  al.,
and seek counseling services from other clinical social 2015; Magiste, 2020; Reamer, 2015). In a compelling
workers. Clinical social workers are not immune to the range study of 6112 licensed social workers in thirteen states,
of challenges that people generally face in life, including Straussner et al. (2018) found that over 40% of practitioners
depression, anxiety, family and relationship conflict, trauma, reported experiencing mental health problems before their
career and workplace issues, and substance use disorders and social work careers, and almost 52% indicated that they
other addictions, among others. Clinical social workers who experienced mental health problems over the course of their
seek counseling services sometimes prefer to obtain them social work careers, with 28% currently experiencing such
from other clinical social workers because they appreciate problems.
social workers’ unique professional training, perspective, Prominent social work codes of ethics require
values, and approach to helping. practitioners to seek assistance to address personal struggles.
Unfortunately, there are no published estimates of the Both the NASW Code of Ethics (2021a, standards 4.05[a],
percentage of clinical social workers who seek therapy. 4.05[b]) and the Clinical Social Work Association Code of
Further, there are few reliable estimates of the percentage Ethics (2016, standard II.4.e) state that social workers should
of social workers who manifest significant symptoms not allow their own personal problems or psychosocial
of impairment and burnout that lead to licensing board distress to interfere with their ability to practice and should
complaints and sanctions (Magiste, 2020). The best available seek assistance when warranted. These ethics standards
data indicate that among the most common violations implore these social workers to make necessary adjustments
addressed by licensing boards are those that concern in their workload, seek consultation and supervision, or
boundary and dual relationship issues and evidence of terminate practice, depending on the nature and severity of
practice falling below expected standards of care (Barsky the impairment.
Clinical social work services provided to a social
* Frederic G. Reamer work colleague can be fraught with ethical challenges,
freamer@ric.edu especially related to consent-to-treatment agreements;
release of information; confidentiality and its exceptions;
1
School of Social Work, Rhode Island College, Providence, documentation; boundary issues; and management of social
RI, USA

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Clinical Social Work Journal

worker impairment. These challenges can arise with any challenges, financial problems, midlife crises, physical
client who is a professional and responsible for the well- illness, legal problems, and addiction (Barsky et  al.,
being of others, such as a nurse, physician, dentist, airline 2021; Reamer, 2015). With respect to psychotherapists
pilot, or bus driver. However, unique ethical challenges arise in particular, Wood et al. (1985) noted that professionals
when the clinical social worker treats a colleague because encounter special problems from the extension of their
of tailored language in social work ethics standards and therapeutic role into the nonwork aspects of their lives
regulatory laws concerning social workers’ special duties (such as relationships with friends and family members),
when they have concerns about other social workers. The the absence of reciprocity in relationships with clients
purpose of this article is to explore the nature of social (therapists are “always giving”), the frequently slow and
worker impairment, ethical challenges that can arise when erratic nature of the therapeutic process, and personal issues
a clinical social worker treats a colleague, and relevant best that are raised as a result of their work with clients.
practices. In their classic and insightful discussion, Lamb et al.
(1987) argue that professional education itself can produce
unique forms of stress and impairment, primarily as a result
The Nature of Impairment of the close supervision to which students are typically
subjected, the disruption in their personal lives that is often
Clinical social work can be very stressful. On a daily basis caused by the demands of schoolwork and internships, and
practitioners encounter people whose lives have been the pressures placed on them by their academic programs.
challenged by emotional pain, trauma, loss, addiction, These authors found that the most common sources of
poor health, poverty, and other life challenges. Many impairment are personality disorders, depression and other
clinical social workers manage to sustain their dedication emotional problems, marital problems, and physical illness.
and professionalism. Others, however, find that the steady Research suggests that employment-related burnout can
stream of work-related stressors and, possibly, personal also lead to impairment. Burnout in the human services has
stressors, leads to some form of impairment and seriously been addressed explicitly since the 1970s (Maslach & Leiter,
compromises the quality of their work. In some instances, 2017). Typical symptoms include insomnia, exhaustion,
clinical social workers who struggle with impairment issues headaches, apathy, irritability, and depression (Kerulis,
seek services from a clinical social work colleague. 2013). Research on burnout has identified three common
In their seminal work on the subject, Lamb and features: emotional exhaustion, depersonalization, and
colleagues (1987) have provided a comprehensive definition feeling ineffective (Thompson et al., 2014).
of impairment and incompetence among behavioral health Not surprisingly, burnout has been linked to many
professionals: “Interference in professional functioning negative outcomes that may come to the attention of
that is reflected in one or more of the following ways: (a) clinical social workers who counsel clinical social workers.
an inability and/or unwillingness to acquire and integrate Outcomes may be personal, social, and organizational in
professional standards into one’s repertoire of professional nature. In clinical social work, burnout may lead to poor
behavior; (b) an inability to acquire professional skills quality of services delivered to clients. When clinical social
in order to reach an acceptable level of competency; and workers are experiencing high levels of burnout, the clients
(c) an inability to control personal stress, psychological they serve may receive substandard care. The clinicians
dysfunction, and/or excessive emotional reactions that may not return clients’ telephone calls in a timely fashion,
interfere with professional functioning” (p. 598). complete required paperwork carefully and thoroughly,
Data indicate that impairment among clinical social arrange needed services, or be active participants when
workers can result from relentless stress, mental illness meeting with clients.
(such as depression, anxiety, bipolar disorder, and
personality disorders), substance use, and other addictions
(Coombs, 2000; Reamer, 2015; Straussner et al., 2018; Zur, Case Examples
2017). Work-related stress can result from pressures and
frustrations associated with efforts to help overwhelmed Many of the clinical relationships between a treating clinical
clients, especially when resources are not sufficient. Some social worker (hereafter “clinician”) and a clinical social
clients do not make the kind of progress clinical social worker client (hereafter “client”) proceed much the way any
workers prefer; others engage in behaviors that practitioners therapeutic relationship would evolve. Clinicians conduct
find challenging. comprehensive assessments, identify treatment goals, and
In addition to stress that is directly related to their work, develop treatment plans. However, in some instances the
clinical social workers are also affected by their own illness clinician encounters challenging ethical issues and dilemmas
or death of family members, marital and relationship because of the unique relationship between the clinician

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Clinical Social Work Journal

and the client, who happens to be a member of the treating together 12 years earlier. For years, the former classmate
clinical social worker’s profession. has been working as a clinician in two community
Here are real-life examples drawn from the author’s mental health centers, serving primarily clients with
ethics consultations: co-occurring issues. When she called, the former
classmate explained that she has begun to question
• A clinical social worker in independent (private) whether to continue working as a clinician and wanted to
practice was contacted by another clinical social schedule “a number of sessions” to explore the relevant
worker who is in recovery from addiction to alcohol. issues and options. The former classmate said, “For the
The clinical social worker who sought services was past year or so, I have been feeling completely drained,
employed as a counselor at a local mental health center empty, and spent. I used to feel so excited about going
providing services to people who have serious and to work; now it feels like a chore. I’m not sure I’m doing
persistent mental illness. This client explained that she my clients any favors, and I think it may be time for me
was going through “a very difficult divorce and child to move on. I’d like to work with you to take a deep dive
custody battle” and felt the need for emotional support into all this.”
and some guidance. Prior to this clinical relationship,
the two social workers did not know or work with each These case examples highlight key ethics challenges
other. related to consent-to-treatment agreements; disclosure
• During the intake interview, the client disclosed her decisions; documentation decisions; professional
recovery status and past struggles with alcohol. The boundaries; and management of practitioner impairment.
client explained that her “very positive” experience with
social workers when she received substance use disorders
treatment years earlier led her to switch careers and
attend social work school for her MSW degree. Consent‑to‑Treatment Agreements
• During their fifth counseling session, the client shared
that she was feeling clinically depressed and had Clinical social workers typically have clients sign a consent-
relapsed on alcohol. The clinician, who was also a to-treat document that spells out the nature of the social
licensed substance use disorders counselor, conducted worker’s services, the social worker’s responsibilities, the
a comprehensive assessment using the Drug Abuse client’s responsibilities, confidentiality policies, fee and
Screening Test (DAST) and was concerned about the payment policies, insurance reimbursement protocols, and
clinically significant score on this instrument. In addition cancellation policies, among other topics. However, the
to addressing the clinical concerns, the clinician had to consent-to-treat protocol is necessarily different when the
decide how to handle her concerns about the possible client is a clinical social worker who is struggling with
risk the client posed to her work-based clients, including impairment or who has disclosed unprofessional conduct.
whether to report this concern to the state social work In these instances, clinicians should draft a tailored consent-
licensing board. to-treat document that sets forth the clinician’s policies
• A clinical social worker who worked in a group private regarding confidentiality and its exceptions, with specific
practice was contacted by a local clinical social worker regard to the client’s impairment and/or ethical misconduct
who sought counseling for, as the potential client (Bismark et al., 2016; Haston, 2014). The specific content
described it during the initial telephone conversation, “a of the document will differ depending on whether the client
very sensitive and troubling personal and professional is voluntary (for example, seeking assistance without state
issue.” During their first session, the client began to licensing board involvement or under the auspices of a
cry and told the clinician that she worries that she is in professional health program that is voluntary in nature) or
“deep trouble.” The client explained that she had become mandated as part of licensing board sanctions or a consent
sexually involved with one of her clients, a man who order. The latter may require inclusion of language related to
recently divorced and who sought counseling to cope disclosure that may not be appropriate with the former. It is
with his loss. The client expressed deep remorse and especially important to craft these documents, and manage
shared her concern that this lapse in judgment could end decisions about disclosure, in a way that minimizes the
her career. The client told the clinician that she was eager likelihood that they will have a chilling effect on struggling
to explore the clinical dimensions of her poor judgment. social workers’ willingness to seek assistance.
The client asked the clinician for reassurance that she Typical agreements and guidelines include several key
would not report the client to the state licensing board. elements concerning the clinician’s responsibilities:
• A clinical social worker was contacted by a former
classmate from his MSW program. They were in school

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Clinical Social Work Journal

• Providing oversight, treatment, and assistance for a that there are limits to clients’ confidentiality rights, as
potentially compromised social worker. established by ethical standards and the law (Barsky et al.,
• Setting forth confidentiality guidelines, including 2021; Reamer, 2015; Straussner et al., 2018).
circumstances that may require the clinician to report The NASW Code of Ethics (2021a) includes standards
concerns to the state licensing board, the client’s that explicitly address social workers’ obligations when
employer, or others (e.g., when the client’s continued they believe a colleague may be impaired or has engaged
work in the profession may pose a danger to their clients). in unethical conduct. In both scenarios, as a first step
• Monitoring the treatment. social workers are expected to share their concerns with
• Developing a monitoring agreement with provisions to the colleague, when feasible, and when such discussion is
ensure compliance. The monitoring agreement identifies likely to be productive (standards 2.08[a], 2.10[c]). The
consequences if the client does not comply with its code then states that if conferring with the colleague is not
conditions. likely to be productive or is not feasible, the social worker
• Implementing treatment tailored to the client’s needs and is obligated to disclose the concern about impairment or
challenges. unethical conduct with parties who are in a position of
authority (standards 2.08[b], 2.10[d]). The Clinical Social
A key component of this unique consent-to-treat protocol Work Association’s Code of Ethics includes a comparable
is discussion of confidentiality policies and exceptions. standard (standard IV.e).
Hypothetically, the clinician may conclude, on the basis State laws may also require social workers to report
of information obtained during clinical sessions or from concerns about a colleague’s impairment or unethical
other sources, that the client poses a threat to self or others conduct. For example, the North Carolina law governing
(especially individuals served by this client) and that the social workers states “A social worker certified or licensed
clinician is obligated to share these concerns with third under this Chapter who has knowledge of conduct that
parties (for example, a state licensing board, the client’s would constitute grounds for disciplinary action under this
employer). Clinicians who counsel an impaired colleague is Chapter, or the Chapter governing the practice of another
obligated to clearly and fully explain relevant confidentiality licensed healthcare provider, shall report the conduct
exceptions (see NASW Code of Ethics standard 1.07[e]). to the licensing authority that oversees the healthcare
The consent-to-treat protocol also needs to set forth provider believed to be engaged in misconduct” (North
expectations regarding the client’s compliance with Carolina Administrative Code, 21 NCAC 63 0.0505).
treatment if the clinician is concerned that the client may Some states carve out a mandatory-reporting exception
be impaired or needs to address a pressing ethics-related if the social worker who is impaired is another social
risk (for example, boundary confusion with a current client). worker’s client, that is, the social worker who has
The agreement should spell out the compliance elements challenges is in treatment. For example, the Ohio law
(for example, regular attendance at counseling sessions, full governing social workers, counselors, and marriage and
disclosure about any impairment or ethics concerns, absence family therapists states:
of evidence of imminent risk of harm to individuals being
All licensees, registrants, supervisors and trainees
served by the client) and the circumstances under which
have a responsibility to report any alleged violations
the clinician may be obligated to terminate counseling and
of this act or rules adopted under it to the counselor,
take steps to protect third parties (for example, the client’s
social worker, and marriage and family therapist
clients) or the client from self-harm.
board. Also, if they have knowledge or reason to
suspect that a licensed colleague or other licensee,
who is not a client, is acting in an unethical way
or is incompetent or impaired they shall report
Disclosure Decisions
that practitioner to the board. (Ohio Laws and
Administrative Rules, Rule 4757-5-10-A; emphasis
Clinicians who provide counseling services to a colleague
added)
who is struggling with personal issues, manifests
symptoms of impairment, or has engaged in unethical Treatment programs that serve social workers who
conduct understand the vital importance of client have been deemed to be impaired, such as substance
confidentiality. It is a maxim in clinical social work that use disorder treatment programs designed for struggling
maintaining confidentiality is essential to development professionals, have developed commonly adopted
of a meaningful and trusting clinical relationship. That confidentiality guidelines. Ordinarily, these guidelines
said, clinical social workers—including those who are in state that treatment records are confidential, with
the clinical role and those who are clients—understand exceptions. Typical exceptions include possible disclosure

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Clinical Social Work Journal

to the practitioner’s licensing board or an employer when of medication, counseling session start and stop times,
there is evidence: modalities and frequencies of treatment furnished, results
of clinical tests, and any summary of client diagnosis,
• Of an illness or condition that has directly resulted in functional status, treatment plan, symptoms, prognosis, and
client harm or compromised client safety; progress to date. Although recording clinical impressions
• Of an illness or condition that has resulted in conduct that of a colleague’s impairment or ethical misconduct in
violates state or federal law; psychotherapy notes, as opposed to the general clinical
• That the social worker poses a danger to herself or others, record, offers added protection, clinicians should know that
or that the social worker may present a significant risk in it is still possible for lawyers to subpoena psychotherapy
their professional practice; and notes; in principle, a judge can order their disclosure.
• That the social worker has failed to comply with the terms Clinical social workers who are employed in substance
of a treatment and/or monitoring program established by use disorders treatment programs or agencies that provide
the licensing board or employer and that, because of that services to struggling social workers must be familiar
failure, the social worker presents a danger to herself or with the implications of the strict federal regulation
others, or that the social worker presents a significant risk Confidentiality of Substance Use Disorder Patient Records
in their professional practice. (Title 42 CFR Part 2). Disclosures that are permitted under
HIPAA may not be permitted under Title 42 CFR Part 2.
This regulation broadly protects the confidentiality of the
Documentation Challenges records of substance use disorder treatment programs—with
respect to the identity, diagnosis, prognosis, or treatment of
Clinicians who treat colleagues must develop rigorous any client—maintained in connection with any program or
documentation protocols to protect clients and themselves activity relating to substance use disorder treatment that is
(Sidell, 2015). Clinicians’ records may be subpoenaed if federally assisted. Disclosures are permitted only in a narrow
their clients are involved in legal proceedings. For example, a range of circumstances that are set forth in this detailed
clinical social worker who is impaired and sought counseling federal regulation.
from a clinical social worker may sue an employer (a mental
health center) for wrongful termination if the employer
fires the social worker due to this practitioner’s alleged Boundary Issues
impairment. In such a case, the lawyer representing the
employer may subpoena the clinician’s records in search of Clinical social workers typically receive extensive education
evidence that the former employee (the client) was impaired. about the importance of professional boundaries in their
Thus, clinicians need to decide when to be vague in their relationships with clients. Rarely, however, does professional
clinical notes and when to be explicit, given who may have education broach the unique boundary challenges that can
access to the notes as a result of a subpoena or court order. arise when a clinical social worker’s client is a clinical social
Clinicians who treat colleagues may wish to be vague in worker (Reamer, 2021a). Hypothetically, for example, the
documentation whenever possible in order to protect the clinician and client may live and work in a rural community
client. However, there are some instances when, based on and provide services to different members of the same
prevailing standards of care, clinicians should not be vague, family who are their respective clients. It would not be
especially when there is evidence that the client poses a unusual for the two social workers to consult with each
threat to self (for example, engaging in suicidal ideation) or other about pertinent clinical issues faced by the family
others, especially the client’s clients. (with their respective clients’ consent). If this scenario
Clinical social workers who treat clinical social arose, the two social workers would face a complex dual
workers can add a layer of protection by following HIPAA relationship, where they are in both a clinical social worker-
guidelines pertaining specifically to what the law defines client relationship and a collegial relationship. Or the two
as psychotherapy notes (Herold & Beaver, 2015). HIPAA social workers may encounter each other at a professional
defines psychotherapy notes as notes recorded (in any meeting or conference where they have joined the same
medium) by a health-care provider who is a mental health discussion group. There are myriad dual relationship
professional documenting or analyzing the contents of possibilities. Ideally, the two social workers should have a
conversation during a private counseling session or a frank discussion of possible boundary challenges and how
group, joint, or family counseling session and that are they might handle them to avoid problematic boundary
separated (physically or electronically) from the rest of the crossings or a conflict of interest. This is consistent with
individual’s medical record. Excluded from the definition language in the NASW Code of Ethics explicitly related to
of psychotherapy notes are prescriptions for and monitoring boundary management (standards 1.06[a], 1.06[c]). The

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Clinical Social Work Journal

Clinical Social Work Association Code of Ethics includes The Louisiana State Board of Social Work Examiners
comparable standards (standards 3.a, 3.g). recognizes that impairments in the functioning
Clinical social workers who provide services to a clinical of persons licensed, credentialed or registered to
social worker should be concerned about two key phenomena practice under the auspices of the Louisiana Social
related to professional boundaries: (1) impropriety and (2) Work Practice Act can affect competent delivery
the appearance of impropriety. Impropriety involves blatant of social work services and impair professional
boundary violations, such as providing psychotherapy judgment. Therefore, in order to safeguard the public
services to a client during the same period of time that the health, safety, and welfare of the people of this state,
two are members of the same peer consultation group that as mandated by R.S. 37:2701, the Louisiana State
occasionally socializes outside of consultation meetings. Board of Social Work Examiners establishes the
This mixing of roles would not be appropriate and could Social Work Impaired Professional Program (La.
compromise the quality of the clinical relationship. Admin. Code tit. 46, § XXV-701). The goal of the
What is more likely, perhaps, is the risk of the appearance Social Work Impaired Professional Program is to
of impropriety. Sometimes even well-meaning gestures provide for public protection through monitoring
by clinical social workers on behalf of clients can be and a remediative course of action applicable to
misinterpreted or misunderstood in ways that comprise the social workers who are physically or mentally
quality of the clinical relationship. Imagine, for example, impaired due to mental illness or addiction to drugs
that a clinician is contacted by her client outside of a or alcohol. Impairments include, but are not limited
therapeutic session for consultation purposes related to an to mental, physical, and addictive disorders or other
individual that the client is serving. The client might make conditions. The program also supports recovery
such a consultation request for understandable reasons, such through preventive measures and allows entrance
as greatly respecting the clinician’s judgment and expertise. into the program before harm occurs” (La. Admin.
However, such extracurricular contact and consultation Code tit. 46, § XXV-703).
would likely have the appearance of impropriety, especially
Virginia, South Dakota, and Indiana have enacted laws
if the client who sought the consultation documents the
specifically intended to protect health care practitioners
consultation in the clinical record and this information is
seeking help with career fatigue and wellness (American
disclosed during legal or other proceedings involving the
Medical Association, 2021). These laws further the goal
client’s client (for example, if the client’s client is involved in
of supporting practitioners to seek assistance to address
a child custody dispute and this social worker’s records are
career fatigue, burnout, and behavioral health concerns
subpoenaed in conjunction with those proceedings).
with confidentiality and civil immunity protections. These
laws enable practitioners, who may avoid seeking help
because of the fear of potential negative repercussions,
Managing Impairment
to get the help they need. In Virginia, for example,
participation in such a program does not trigger the
Clinicians who provide services to colleagues who manifest
requirement that the practitioner be reported to the state
symptoms of impairment can encourage their clients to “self-
licensing board, so long as there is no evidence indicating
report” to their state licensing board. One key advantage
a reasonable probability that a practitioner who is a
of self-reporting is that the reporting social worker may
participant in a rehabilitation program addressing issues
be in a position to negotiate a treatment plan (usually with
related to career fatigue or wellness is not competent to
the assistance of a lawyer who has experience negotiating
continue in practice or is a danger to herself or himself,
with licensing boards) that avoids serious sanctions (such
her or his patients, or the public,
as license suspension or revocation) in the event the board
Over time, health professions have developed guidelines
learns of the impairment from another party (for example, as
and protocols for treatment of impaired professionals in
a result of a licensing board complaint filed by a disgruntled
what is commonly referred to as a professional health
client or a concerned colleague).
program (PHP). It is important for clinical social workers
A number of state licensing boards have developed
who provide services to struggling colleagues to be aware
formal protocols to assist practitioners who voluntarily
of them.
seek assistance. For example, Louisiana law (Title VI, Part
The purpose of a PHP is to guide the rehabilitation
XXV, Chapter 7) provides for treatment of impaired social
of impaired or potentially impaired practitioners who
workers:
are struggling. This involves the early identification,
evaluation, treatment, monitoring, documentation
of adherence, and advocacy, when appropriate, of

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Clinical Social Work Journal

practitioners with potentially impairing illness (es), ideally religion, sexual orientation, gender, gender identity,
prior to functional impairment. PHPs commonly provide specialty, professional degree, or membership affiliations;
services to both voluntary and licensing board or employer • Treating practitioners’ arrangement for emergency
mandated referrals. Ideally, PHP services would include interventions and evaluations, when necessary and where
the following (Federation of State Medical Boards, n.d.; possible; and
Iowa Department of Public Health, 2020).: • Establishment of a health monitoring agreement template
designed to optimize continuing care, practitioner
• Wellness programs that address practitioner health, rehabilitation, and client safety; details of each agreement
stress management, burnout, and early detection of should be individualized and subject to change based on
at-risk behavior. case specifics.
• Educational programs on topics, including but not
limited to, the recognition, evaluation, treatment, and These guidelines are consistent with the spirit of NASW’s
continuing care of impairing conditions. policy on professional impairment (National Association of
• Educational resources for the profession, the public, Social Workers, 2021b).
and licensing boards about the role and function of
PHPs.

Typically, PHPs are expected to report substantive non-


Practitioner Self‑Care and Wellness
adherence with PHP recommendations and monitoring
Social workers who provide services to struggling
agreements and make periodic reports regarding adherence
colleagues should be well versed in the latest research on
based on ongoing documentation to appropriate individuals,
the importance of self-care in the profession. It may be
committees, licensing boards, or organizations on behalf of
important for clinicians to address wellness and self-care
practitioners under PHP monitoring.
issues when they provide services to clients.
The Federation of State Medical Boards—whose key
Self-care in the human service professions includes
functions are comparable to those of the Association of
various elements: physical well-being, psychological
Social Work Boards (ASWB)—has developed guidelines
well-being, spiritual well-being, support, and workplace
that provide a useful template for clinical social workers
changes (Newell & Nelson-Gardell, 2014; Richards
who provide services to struggling colleagues. First, it is
et  al., 2010;  Shanafelt et  al., 2012; Smullens, 2015).
important to distinguish between impairment and illness.
Physical activity—such as exercise, sports, and household
Illness, per se, does not constitute impairment. When
activities—has been shown to decrease symptoms of anxiety
functional impairment exists, it is often the result of an
and depression (Callaghan, 2004; Dishman, 2003; Newell &
illness in need of treatment. Therefore, with appropriate
Nelson-Gardell, 2014). Also, there is evidence that personal
treatment, the issue of impairment may be prevented or
counseling can help mitigate the negative impact of work-
resolved while the diagnosis of illness may remain.
related distress (Norcross, 2005).
Second, programs serving struggling practitioners should
Workplace changes that can promote self-care include
aim to reduce stigma and barriers to treatment. This includes
setting realistic goals with regard to workload and client
allowing treatment to be sought confidentially for impairing
care, actively encouraging the use of well-timed breaks
illness and not requiring this to be reported as part of the
during the workday, and promoting adequate rest and
licensing process.
relaxation (Drolet & McLennan, 2016; Newell & Nelson-
Third, treating practitioners satisfy their ethical duty
Gardell, 2014). It is particularly important for agency
when they have evidence that an impaired colleague has
administrators and supervisors to acknowledge the potential
ceased practicing and is receiving reputable professional
impact of workplace stressors.
services to protect clients. When a clinical social worker
Importantly, in 2021 the NASW Code of Ethics added
treats a social worker whose treatment was mandated by a
language explicitly acknowledging the importance of
licensing board, the relationship between the treating clinical
practitioner self-care. According to the code,
social worker and the board would be characterized by:
Professional self-care is paramount for competent and
• Applicable confidentiality protections; ethical social work practice. Professional demands,
• Mutual understanding of each party’s responsibility to challenging workplace climates, and exposure to
treatment participants and the public; trauma warrant that social workers maintain personal
• No discrimination nor denial of clinical services based and professional health, safety, and integrity. Social
on a practitioner’s race, creed, color, national origin, work organizations, agencies, and educational
institutions are encouraged to promote organizational

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Clinical Social Work Journal

policies, practices, and materials to support social First, these clinicians should be familiar with protocols for
workers’ self-care. treatment of impaired professionals and those who have
engaged in ethical misconduct. As a foundation, treating
A comparable statement is included in the Clinical Social
clinicians should be familiar with literature on the nature and
Work Association’s Code of Ethics (standard II.4.d).
causes of social workers’ impairment and unethical behavior.
Some struggling social workers satisfy the definition of a
Second, treating clinical social workers should
“wounded healer.” The concept of the wounded healer was
implement state-of-the-art protocols pertaining to
introduced by the Swiss psychoanalyst Carl Jung (1966),
consent-to-treat and management of clients’ confidential
who used the term to refer to helping professionals who
information. They should fully understand when
experience personal challenges that affect their work. This
information should be kept confidential and when it may
construct is based on the Greek myth of the centaur Chiron,
or must be disclosed to protect third parties and clients
who was physically wounded, and by way of overcoming the
who pose a risk to themselves.
pain of his own injuries became a master of the healing arts
Third, clinicians should develop and implement sound
(Reamer, 2021b; Straussner et al., 2018). Jung hypothesized
documentation protocols. Documentation practices should
that the physician who has experienced adversity is better
reflect the very real possibility that clinicians’ clinical
equipped to understand the causes and amelioration of a
records will be subpoenaed or may be disclosed due to
patient’s suffering, but may also experience limitations as a
a court order. Treating clinical social workers should be
result of this personal history. This concept has been applied
very familiar with HIPAA’s special provisions regarding
to a wide range of human service professionals (Reamer,
protection of “psychotherapy notes.” Treating social
2015; Straussner et al., 2018).
workers employed in federally assisted substance use
Some practitioners may find it difficult to seek help for
disorder treatment programs should be cognizant of the
their own problems because they believe that they have
very strict documentation guidelines embedded in federal
infinite power and invulnerability, that they should be able to
regulation Confidentiality of Substance Use Disorder
work out their problems themselves, an acceptable therapist
Patient Records (Title 42 CFR Part 2).
is not available, seeking help from family members or
Further, clinicians must be cognizant of potential
friends is more appropriate, confidential information might
boundary issues that can arise when providing services
be disclosed, proper treatment would require too much effort
to a clinical social worker. Clinical social workers who
and cost, they have a spouse or partner who is unwilling to
provide services to colleagues must be scrupulous in their
participate in treatment, and therapy would not be effective
efforts to avoid problematic dual relationships.
(Coombs, 2000; Reamer, 2015; Straussner et al., 2018).
Finally, to enhance social worker well-being and protect
In some instances, social workers who provide treatment
clients, clinicians should promote client self-care. These
to struggling colleagues may need to engage in “constructive
ambitious efforts should follow well-established protocols
confrontation” (Sonnenstuhl, 1992). Constructive
that address physical, psychological, spiritual, support,
confrontation means that professionals confront colleagues
and workplace issues.
diplomatically with evidence of unsatisfactory work or
More generally, the social work profession should take
concerns about their level of functioning, coach them on how
assertive steps to address challenges faced by struggling
to improve their work or functioning, urge them to access
practitioners. Social work education programs would do
supports and services if they have personal problems, and
well to address practitioner impairment—including causal
emphasize the consequences of continued poor performance.
factors, prevention strategies, and ethical responses—in
their undergraduate and graduate curricula. Organizations
such as the Clinical Social Work Association, National
Recommendations
Association of Social Workers, and Council on Social
Work Education can offer continuing education trainings
Some clinical social workers encounter significant
on this subject to enhance awareness and promote
personal challenges in their lives and, to their credit, seek
prevention. State licensing boards and the Association
counseling from other clinical social workers. These clinical
of Social Work Boards can encourage practitioners to
relationships can produce ethical challenges for treating
enroll in relevant continuing education offerings. Also,
social workers, especially related to consent-to-treatment
these organizations can encourage or sponsor research
agreements; release of information; confidentiality and
designed to document the nature and extent of social
its exceptions; documentation; boundary issues; and
worker impairment and the extent to which struggling
management of social worker impairment. To protect their
social workers seek assistance.
clients and themselves, clinical social workers who provide
Clinical social workers who provide services to struggling
services to struggling colleagues should take several steps.
colleagues must be particularly mindful of potentially

13
Clinical Social Work Journal

complex countertransference issues. This can be especially Boland-Prom, K. (2009). Results from a national study of social
challenging when clinicians regard their clients as members workers sanctioned by state licensing boards. Social Work, 54,
351–360. https://​doi.​org/​10.​1093/​sw/​54.4.​351
of their professional “family.” Further, clinicians may Boland-Prom, K., Johnson, J., & Gunaganti, G. (2015). Sanctioning
experience their own sense of moral distress and injury when patterns of social work licensing boards, 2000 to 2009. Journal of
they provide services to a “wounded” colleague (Reamer, Human Behavior in the Social Environment, 25, 126–136. https://​
2021b). Knowing that a struggling colleague continues to doi.​org/​10.​1080/​10911​359.​2014.​947464
Callaghan, P. (2004). Exercise: A neglected intervention in mental
work professionally may be troubling. Clinicians may find it health care? Journal of Psychiatric and Mental Health Nursing,
helpful to process these dynamics during peer consultation 11, 476–483. https://​doi.​org/​10.​1111/j.​1365-​2850.​2004.​00751.x
discussions. Clinical Social Work Association. (2016). Code of ethics. Clinical
Social Work Association
Confidentiality of Substance Use Disorder Patient Records, 42 C.F.R
Conclusion Part 2 (2022). https://​www.​ecfr.​gov/​curre​nt/​title-​42/​chapt​er-I/​
subch​apter-A/​part-2
Clinical social workers are not immune to life’s challenges. Coombs, R. H. (2000). Drug-impaired professionals. Harvard
Like all people, clinical social workers sometimes University Press.
Dishman, R. (2003). The impact of behavior on quality of life. Quality
encounter daunting issues concerning mood, relationships, of Life Research, 12, 43–49. https://​doi.​org/​10.​1023/a:​10235​
trauma, and work, among others. To their credit, these 17303​411
practitioners sometimes reach out to other clinical social Drolet, J., & McLennan, C. (2016). Wellness and relational self-care
workers for assistance. Seeking help from a colleague is in social work field education. International Journal of Health,
Wellness, and Society, 6(9), 21. https://​doi.​org/​10.​18848/​2156-​
the ultimate expression of trust. 8960/​CGP/​v06i04/​9-​21
Providing services to professional colleagues is Federation of State Medical Boards. (n.d.). Policy on physician illness
daunting, a task that requires skillful balancing of and impairment: Towards a model that optimizes patient safety
complex clinical and ethical concerns. In these instances, and physician health. Retrieved July 21, 2022, from https://​www.​
fsmb.​org/​sitea​ssets/​advoc​acy/​polic​ies/​policy-​on-​physi​cian-​impai​
it behooves treating clinical social workers to be especially rment.​pdf
mindful of relevant ethical standards and practical steps Haston, S. (2014). Impaired physicians and the scope of informed
they can take to protect clients and themselves. consent: Balancing patient safety with physician privacy. Florida
State University Law Review, 41, 1125–1145.
Herold, R., & Beaver, K. (2015). The practical guide to HIPAA privacy
Funding  There is no funding for this project. and security compliance (2nd ed.). Taylor & Francis.
Iowa Department of Public Health. (2020). Impaired practitioner
program. Retrieved from https://​idph.​iowa.​gov/​licen​sure/​Impar​
Declarations  ed-​Pract​ition​er-​Progr​am
Jung, C. (1966). The practice of psychotherapy (2nd ed.). Bollingen
Conflict of interest  Frederic Reamer declares that there is no conflict Foundation.
of interest. Kerulis, M. (2013). The president’s message. The 65th Annual Illinois
Counseling Association Conference: Balancing the Dimensions
Research Involve in Human and Animal Rights  This article does not of Wellness. Illinois Counselor, 5, 2.
contain any studies with human participants or animals performed by Lamb, D., Presser, N., Pfost, K., Baum, M., Jackson, V., & Jarvis,
the author. P. (1987). Confronting professional impairment during the
internship: Identification, due process, and remediation.
Professional Psychology: Research and Practice, 18, 597–603.
https://​doi.​org/​10.​1037/​0735-​7028.​18.6.​597
Magiste, E. (2020). Prevalence rates of substantiated and adjudicated
References ethics violations. Journal of Social Work, 20, 751–774. https://​
doi.​org/​10.​1177/​14680​17319​837521
American Medical Association. (2021). Confidential care to support Maslach, C., & Leiter, M. (2017). New insights into burnout and health
physician health and wellness. Retrieved from https://​w ww.​ care: Strategies for improving civility and alleviating burnout.
ama-​assn.​org/​system/​files/​issue-​brief-​physi​cian-​health-​welln​ Medical Teacher, 39, 160–163. https://d​ oi.o​ rg/1​ 0.1​ 080/0​ 14215​ 9X.​
ess.​pdf 2016.​12489​18
Barsky, A., Carnahan, B., & Spadola, C. (2021). Licensing complaints: National Association of Social Workers. (2021). NASW code of ethics
Experiences of social workers in investigation processes. National Association of Social Workers. NASW Press.
International Journal of Social Work Values and Ethics, 18, National Association of Social Workers. (2021). Social work speaks:
29–42. National Association of Social Workers policy statements—
Bismark, M., Mathews, B., Morris, J., Thomas, L., & Studdert, D. 2021b-2023 (12th ed.). NASW Press.
(2016). Views on mandatory reporting of impaired health care Newell, J., & Nelson-Gardell, D. (2014). A competency-based approach
practitioners by their treating practitioners: A qualitative study to teaching professional self-care: An ethical consideration for
from Australia. British Medical Journal Open, 6, 1–11. https://​ social workers. Journal of Social Work Education, 50, 427–439.
doi.​org/​10.​1136/​bmjop​en-​2016-​011988 https://​doi.​org/​10.​1080/​10437​797.​2014.​917928
Norcross, J. (2005). The psychotherapist’s own psychotherapy:
Educating and developing psychologists. American Psychologist,
60, 840–850. https://​doi.​org/​10.​1037/​0003-​066X.​60.8.​840

13
Clinical Social Work Journal

Reamer, F. (2015). Risk management in social work: Preventing Thompson, I., Amatea, E., & Thompson, E. (2014). Personal and
professional malpractice, liability, and disciplinary action. contextual predictors of mental health counselors’ compassion
Columbia University Press. fatigue and burnout. Journal of Mental Health Counseling., 36,
Reamer, F. (2021). Boundary issues and dual relationships in the 58–77. https://​doi.​org/​10.​17744/​mehc.​36.1.​p61m7​3373m​4617r3
human services (2nd ed.). Columbia University Press. Wood, B., Klein, S., Cross, H., Lammers, C., & Elliott, J. (1985).
Reamer, F. (2021). Moral distress and injury in human services: Cases, Impaired practitioners: Psychologists’ opinions about prevalence,
causes, and strategies for prevention. NASW Press. and proposals for intervention. Professional Psychology: Research
Richards, K., Campenni, C., & Muse-Burke, J. (2010). Self-care and and Practice, 16, 843–850. https://​doi.​org/​10.​1037/​0735-​7028.​
well-being in mental health professionals: The mediating effects 16.6.​843
of self-awareness and mindfulness. Journal of Mental Health Zur, O. (2017). Multiple relationships in psychotherapy and counseling.
Counseling., 32, 247–264. https://​doi.​org/​10.​17744/​mehc.​32.3.​ Routledge.
0n31v​88304​423806
Shanafelt, T., Boone, S., Tan, L., Dyrbye, L., Sotile, W., Satele, D., Publisher's Note Springer Nature remains neutral with regard to
et al. (2012). Burnout and satisfaction with work-life balance jurisdictional claims in published maps and institutional affiliations.
among U.S. physicians relative to the general US population.
Archives of Internal of Medicine, 172, 1377–1385. https://​doi.​ Springer Nature or its licensor (e.g. a society or other partner) holds
org/​10.​1001/​archi​ntern​med.​2012.​3199 exclusive rights to this article under a publishing agreement with the
Sidell, N. (2015). Social work documentation: A guide to strengthening author(s) or other rightsholder(s); author self-archiving of the accepted
your case recording (2nd ed.). NASW Press. manuscript version of this article is solely governed by the terms of
Smullens, S. (2015). Burnout and self-care in social work. NASW such publishing agreement and applicable law.
Press.
Sonnenstuhl, W. (1992). The job-treatment balance in employee
assistance programs. Alcohol Health and Research World, 16, Frederic G. Reamer  Ph.D. is professor in the School of Social Work,
120–128. Rhode Island College.
Straussner, S., Senreich, E., & Steen, J. (2018). Wounded healers: A
multistate study of licensed social workers’ behavioral health
problems. Social Work, 63, 125–134. https://​doi.​org/​10.​1093/​sw/​
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