R156-60e-502.1. Unprofessional Conduct Affecting All Mental Health License Holders

Under Subsection 58-60-110(2), "unprofessional conduct" includes: (1) using one of the following abbreviated titles without the required licensure: (a) ACMHC; (b) ACMHC-Extern; (c) AMAC; (d) AMFT; (e) AMFT-Extern; (f) ASUDC; (g) BHC unless licensed has a behavioral health coach; (h) CMHC; (i) CSW; (j) LCSW; (k) MAC; (l) MFT; (m) SSW; or (n) SUDC; (2) acting as a supervisor or accepting supervision from a supervisor without complying with or ensuring compliance with Subsections 58-60-102(3), (4), and (7) through (10), and Sections R156-60e-307.1, R156-60e-308.1, and R156-60e-309.1; (3) directing one's clinical supervisor to engage in a practice that would violate any statute, rule, or generally accepted professional or ethical standard of the supervisor's profession; (4) directing a supervised individual to engage in a practice that would violate any statute, rule, or generally accepted professional or ethical standard of the supervised individual's profession; (5) providing supervision without current and valid status as a Division-approved clinical supervisor; (6) engaging in, aiding, or abetting: (a) conduct or a practice that is dishonest, deceptive, or fraudulent; (b) deceptive or fraudulent billing practices; (c) sexual harassment or any conduct that is exploitive or abusive concerning a student, trainee, employee, or colleague with whom the licensed individual has supervisory or management responsibility; or (d) physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact; (7) engaging in a dual relationship or multiple relationships with a client or former client in violation of the standards set by the licensee's professional code of ethics as established in this rule; (8) knowingly engaging in a sexual activity or sexual contact with a client's relative or another individual with whom the client maintains a relationship in violation of the standards set by the licensee's professional code of ethics as established in this rule; (9) exploiting one of the following for personal gain: (a) a client; (b) a former client; or (c) an individual who has a personal relationship with a client; (10) failing to: (a) establish and maintain professional boundaries with a client or former client; (b) exercise professional discretion and impartial judgment required for the performance of professional activities, duties, and functions; (c) provide impartial, objective, and informed services, recommendations, or opinions concerning: (i) custodial or parental rights; (ii) divorce; (iii) domestic relationships; (iv) adoption; (v) mental competency; (vi) mental health; or (vii) another determination concerning an individual's civil or legal rights; (d) maintain client records including records of assessment, treatment, progress notes, and billing information, for at least ten years from the documented termination of services to the client; (e) provide client records in a reasonable time upon written request of the client or the client's legal guardian; (f) obtain informed consent from the client or the client's legal guardian before recording or permitting a third-party observation of a client's activities or records; (g) protect the confidences of an individual named or identified in the client records; (h) follow the Model Standards of Practice for Child Custody Evaluation of the Association of Family and Conciliation Courts (AFCC) May 2006, which is incorporated by reference; (i) cooperate with the Division during an investigation; (j) obtain a thorough working knowledge of the Code of Ethics specifically related to the licensed individual's professional practice; (k) as a supervisor, obtain a thorough working knowledge of the Code of Ethics specifically related to any supervised individual's professional practice; or (l) provide notification as required under Subsection 58-60-110(1)(e) on each agency or practitioner website or provide notification by paper or electronic document to each individual receiving mental health services; (11) when providing services remotely, failing to: (a) practice according to professional standards of care in the delivery of services; (b) protect the security of electronic confidential data and information; or (c) appropriately store and dispose of electronic confidential data and information; or (12) violating: (a) Section R156-60e-307.1 regarding the clinical supervision contract; (b) Section R156-60e-308.1 as a clinical supervisor; or (c) Section R156-60e-309.1 as a supervised individual.