Risk Management in Social Work Practice
Paul Kurzman, ACSW, PhD
Dr. Kurzman is Professor of Social Work at Hunter College; former Chair of the New York
State Social Work Licensing Board and the author of "Managing Risk at the Workplace." Dr.
Kurzman is also a member of NASW's Committee on Ethics and Professional Standards. This
article is one in a series of articles written by representatives of the Committee.
Several questions are frequently asked by Chapter members regarding the rules that govern
professional practice in New York State. In response, the following guidelines are offered for
members' consideration.
QUESTION: I am told that I will be asked, in a forthcoming legal proceeding, to disclose what my
client shared with me in several of our treatment sessions. Both my client and I consider these
sessions to have been confidential. Since I am a professional social worker (with an MSW, DSW
and ACSW), can I claim that these sessions constituted a privileged communication, and refuse to
disclose our discussion?
ANSWER: Graduate professional degrees and membership in ACSW alone probably will not be
sufficient to make such a claim. In New York State, you also must be licensed and currently
registered as a Certified Social Worker (CSW) by the State Education Department in order to assert
a claim of privileged communication.
Q: A client whom I (as a CSW) worked with four years ago moved to another state and now wishes
to see a new social worker there for some recurring problems. She has formally requested that I send
a copy of my case notes to her new worker, in order to provide a continuity in her care. However,
I do not keep inactive client records for more than about three years. She is very angry with me
about this, and says she is going to report my discarding her records without her permission to the
NYS Board for Social Work. Should I be concerned?
A: Yes, you should be. New York State Education Law says that Certified Social Workers must
retain client records for at least six years (and until one year after a client who is a minor reaches
the age of 21). Therefore, the state could formally charge you with "unprofessional conduct" as a
Certified Social Worker and ask the State Board to initiate a disciplinary proceeding.
Q: A client and I are sexually attracted to one another. As consenting adults, we would like to
consider the possibility of being sexually active together, if this could occur outside of the treatment
framework and setting. Under certain circumstances, could this be possible?
A: No, never. The NASW Code of Ethics says, "The social worker should under no circumstances
engage in sexual activities with clients." Clear as these guidelines may be, members sometimes do
ask this question, strange as that may seem; and, in a few cases, social workers have been found to
have crossed this line, which is a serious instance of misconduct.
Q: I practice social work exclusively in an agency setting, and have no plans to establish an
independent practice. My agency carries the NASW Insurance Trust's professional liability
insurance, which covers all of us as agency employees. Is there any reason for me to consider
purchasing, as well, an individual professional liability insurance policy of my own?
A: Yes, I think so. If a client were to sue you, alleging malpractice, they would probably sue the
agency as well. While one would prefer to see the agency's interests in such a situation as being
identical to your own, they may or may not be. When litigation begins, the agency's Board of
Directors may choose to protect its own interests and exposures first (even if this were not to be your
executive director's preference). You then would need protection of your own, to ensure that your
individual interests are being equally well represented and protected. Having an individual policy
of your own might make a critical difference in such a situation.
These comments are provided for Currents not as legal advice, but as the observations and recommendations of a
professional colleague.
(April 1992)