Massachusetts Social Worker Board Complaint: A Guide for LICSWs and LCSWs
Massachusetts License Defense Attorney · Professional License Defense
Social workers in Boston work in hospitals such as Massachusetts General, Boston Medical Center and Brigham and Women’s, in community mental health centers, in schools, in agencies that work alongside the Department of Children and Families, and in private practice. The work is demanding, the clients are often vulnerable, and the duties can pull in different directions. When a complaint reaches the Massachusetts Board of Registration of Social Workers, the Board’s rules decide what happens next, including how and when you must respond.
This guide explains the license levels, the standards the Board actually enforces, how a complaint is investigated and resolved, and what to do when the Board’s letter arrives. The core advice: get counsel promptly and respond on time, through counsel. Do not ignore the Board.
The Board and the four license levels
The Board of Registration of Social Workers is created by G.L. c. 13, § 80 and serves within the Department of Public Health (c. 13, § 9). Social work licensing is governed by G.L. c. 112, §§ 130 through 137 and the Board’s regulations at 258 CMR.
Massachusetts has four social work licenses (258 CMR 9.03 to 9.06):
- LICSW: Licensed Independent Clinical Social Worker
- LCSW: Licensed Certified Social Worker
- LSW: Licensed Social Worker
- LSWA: Licensed Social Work Associate
Massachusetts does not issue an “LMSW” license. The LCSW is the license for social workers with a master’s or doctoral degree in social work (c. 112, § 131). What each license allows is set out in 258 CMR 12.00.
The standards the Board enforces
Many social workers think of the NASW Code of Ethics as “the rules.” The Code is an important professional guide, and many of the Board’s rules cover similar ground. But the standards the Board enforces are its own regulations, especially 258 CMR 20.00, Standards of Professional Practice and Conduct. Those rules address:
- Unethical or unprofessional conduct generally
- Providing services without informed consent
- Providing services not authorized by law
- Negligent or incompetent practice
- Practicing while impaired
- Sexual misconduct
- Other improper relationships with clients or third parties
- Unlawful discrimination
- Violating client confidentiality and denying clients access to their records
- Other improper use of client information, research violations, fee disclosure and advertising
A violation of these standards is a ground for disciplinary action (258 CMR 20.15).
Common complaint areas in Boston practice settings
Confidentiality
A social worker may not disclose client records or information about a current or prospective client except as allowed by G.L. c. 112, §§ 135 through 135B, the Board’s confidentiality rules in 258 CMR 22.00, or other state or federal law. Social workers must also tell clients about the limits of confidentiality (258 CMR 20.09). In a hospital or school, where many people ask for information, an authorized disclosure and an improper one can look alike. Your documentation of why you disclosed, and to whom, matters.
Boundaries and relationships
Sexual activity with a client is prohibited, and the rule also applies to former clients to whom the social worker provided professional services, with no time limit stated in the regulation (258 CMR 20.06). A social worker also may not engage in a social relationship with a client or prospective client, or with a third person the client knows, when a reasonably prudent social worker would conclude that it is likely to lead to exploitation of the client or identifiable physical or emotional harm (258 CMR 20.07).
Scope of practice
Scope problems often arise when an LCSW moves toward private practice. An LCSW may provide clinical social work only as an employee of an agency, health care facility or unrelated individual, under the clinical supervision of a social worker who is licensed or eligible as an LICSW. An LCSW may not provide clinical services as an independent practitioner (258 CMR 12.02). An LICSW may practice clinical social work autonomously in any setting (258 CMR 12.01).
Mandated reporting
Social workers are mandated reporters of child abuse and neglect (G.L. c. 119, § 21). A mandated reporter who has reasonable cause to believe, in a professional capacity, that a child is suffering abuse or neglect must immediately report orally to DCF and file a written report within 48 hours (c. 119, § 51A). Complaints sometimes allege a failure to report, or challenge a report that was made. More on this in our article on Massachusetts 51A and child welfare.
Competence and documentation
Allegations of negligent or incompetent practice (258 CMR 20.04) often turn on the record: whether your assessment, plan and follow-up were documented when they happened. Do not add to or change notes after a complaint arrives.
How the complaint process works
Any individual, organization, government agency or Board member may file a written complaint, and the Board may investigate anonymous complaints in its discretion (258 CMR 30.01).
If the Board decides a complaint may have merit, it asks the licensee for a written response. You may respond personally or through an attorney, and the response must be provided in a timely manner as directed by the Board. If you do not respond on time, or your response is incomplete, the Board may treat the allegations as admitted unless you show good cause (258 CMR 30.02(2)).
That is why “stay silent” is dangerous advice. You may have read that you have “10 days to notify the Board that you have an attorney.” The Board’s rules contain no such requirement. No regulation requires it, but many Board letters ask you to tell the Board within 10 days whether you will be represented by an attorney. If your letter does, follow it. The deadline that matters is the response deadline in the Board’s letter. Your attorney can communicate with the Board for you and prepare a careful, complete response, but the response still has to be filed on time.
Investigative records generally stay confidential until the Board dismisses the complaint, issues an Order to Show Cause, or takes other final action (258 CMR 30.02(4)). Note also that the usual confidentiality of hospital peer review records does not apply to investigations and proceedings of the Board of Registration of Social Workers (G.L. c. 111, § 204).
Resolving a complaint without a hearing
- Advisory letter. If sanctions are not warranted, the Board may still send an advisory letter with recommendations for improving practice or conduct (258 CMR 30.03(5)).
- Consent agreement. The Board may resolve a complaint without formal proceedings by stipulation, consent agreement or other settlement, which may include any of the sanctions listed below (258 CMR 30.03(4)).
A well-prepared response is often the best chance to reach one of these outcomes. Any agreement should be reviewed carefully before you sign, because its terms can follow you to future employers.
The Order to Show Cause and the hearing
If the matter goes forward, formal proceedings are conducted under Chapter 30A and the Standard Adjudicatory Rules, 801 CMR 1.00 (258 CMR 30.03(1)). When you receive an Order to Show Cause, you must file a written answer within 21 days (801 CMR 1.01(6)(d)(2)). At the hearing, each party may call and examine witnesses, introduce exhibits, cross-examine and present rebuttal evidence (c. 30A, § 11).
The grounds for discipline include unprofessional conduct, gross misconduct, fraudulent practice, practice beyond the scope of your license, gross incompetence or negligence, practicing while impaired, aiding unlicensed practice, certain criminal convictions, and discipline in another jurisdiction (258 CMR 30.03(1)).
Possible sanctions
After a hearing, the Board may impose one or more of the following (258 CMR 30.03(3)):
- Revoke, suspend, cancel or refuse to renew a license, or deny a license
- Place the license on probation
- Issue a letter of censure or a formal written reprimand
- Require additional education or training
- Require supervised practice for a period the Board sets
- Require participation in alcohol or drug rehabilitation, drug testing, or both
- Impose other reasonable conditions to protect the public
The outcome depends on the facts, any harm to clients, your history and what you have done since.
Appeal
A social worker whose license is suspended, revoked or cancelled may petition the Supreme Judicial Court for review under G.L. c. 112, § 64, using the standards of G.L. c. 30A, § 14(7). The court may not stay the suspension or revocation before it enters its decree. Because the review is on the record, the hearing is where your evidence must be presented.
What to do when the Board’s letter arrives
- Note the date you received it and calendar the response deadline.
- Call an attorney promptly, before you contact the Board or write anything.
- Do not contact the complainant, the client or the client’s family about the complaint.
- Do not change or add to client records. Preserve emails, texts and supervision notes.
- Think before discussing the matter with colleagues, who may become witnesses.
- Respond on time, through counsel, completely and accurately.
Getting help
Attorney Richard Alan Gaudet is an administrative law practitioner who handles board investigations, responses and hearings for licensed health and human services professionals. As a registered nurse since 2010 and a respiratory therapist since 2005, he understands hospital and clinical settings from the inside. If you are a Boston social worker who has received a letter from the Board, contact our office promptly so your response is prepared carefully and filed on time.
Frequently Asked Questions
What social work licenses exist in Massachusetts?
There are four: Licensed Independent Clinical Social Worker (LICSW), Licensed Certified Social Worker (LCSW), Licensed Social Worker (LSW) and Licensed Social Work Associate (LSWA), under 258 CMR 9.00. Massachusetts does not issue an LMSW license.
Do I have to respond to the Board if I have a lawyer?
Yes. Under 258 CMR 30.02(2), you may respond personally or through an attorney, but the response must be timely. A late or incomplete response may be treated as an admission of the allegations unless you show good cause.
Is the NASW Code of Ethics the standard the Board enforces?
The Board enforces its own regulations, mainly 258 CMR 20.00, Standards of Professional Practice and Conduct. Many of those standards overlap with the NASW Code, but violations of the regulations are what support discipline.
Can a social work complaint be resolved without a hearing?
Yes. The Board may resolve a complaint by stipulation, consent agreement or other settlement, or may issue an advisory letter if sanctions are not warranted, under 258 CMR 30.03.
Where do I appeal a Board decision?
A decision suspending, revoking or cancelling a license may be reviewed by petition to the Massachusetts Supreme Judicial Court under G.L. c. 112, section 64.
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About the Author
Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, and an experienced administrative law practitioner who represents licensed professionals in board investigations, responses and hearings. He has been a respiratory therapist since 2005 and a registered nurse since 2010, including in critical care. He earned his J.D. in 2020 and was admitted to the Massachusetts bar in January 2021 and to the U.S. District Court for the District of Massachusetts in 2021. He is a member of the Massachusetts Bar Association. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.