Current through Bulletin 2024-24, December 15, 2024
Under Subsection
58-60-110(2),
"unprofessional conduct" includes:
(1)
using the abbreviated title of:
(a) LCSW
unless licensed as a Licensed Clinical Social Worker;
(b) CSW unless licensed as a Certified Social
Worker;
(c) SSW unless licensed as
a Social Service Worker;
(2) acting as a supervisor or accepting
supervision from a supervisor without complying with or ensuring compliance
with Sections R156-60a-305a and
R156-60a-305b;
(3) directing one's mental health therapist
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) engaging in the
supervised practice of clinical mental health therapy:
(a) as a licensed CSW unless:
(i) the licensee has completed a clinical
practicum as part of the CSWE accredited master's degree program; and
(ii) the scope of practice is within the
licensee's competency, abilities, and education;
(b) while not in compliance with Section
R156-60a-305b;
(5) engaging in or aiding or
abetting:
(a) conduct or practices that are
dishonest, deceptive, or fraudulent;
(b) deceptive or fraudulent billing
practices;
(c) sexual harassment or
any conduct that is exploitive or abusive with respect to a student, trainee,
employee, or colleague with whom the licensee has supervisory or management
responsibility;
(d) physical
contact with a client when there is a risk of exploitation or potential harm to
the client resulting from the contact;
(6) engaging in dual or multiple
relationships with a client or former client when there is a risk of or
potential harm to the client;
(7)
engaging in sexual activities or sexual contact at any point in time with a
client, former client, or another individual with whom the client maintains a
current, or has a past, close personal relationship with or without the
client's consent;
(8) exploiting
for personal gain a:
(a) client;
(b) former client; or
(c) person who has a personal relationship
with a client;
(9)
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 with
respect to:
(i) custodial or parental
rights;
(ii) divorce;
(iii) domestic relationships;
(iv) adoptions;
(v) sanity;
(vi) competency;
(vii) mental health; or
(viii) other determination concerning an
individual's civil or legal rights;
(d) maintain client records including records
of assessment, treatment, progress notes, and billing information for a period
of not less than 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 taping,
recording, or permitting third-party observations of client activities or
records;
(g) protect the
confidences of persons named or identified in the client records;
(h) abide by the Code of Ethics of the NASW
as approved by the 1996 NASW Delegate Assembly and revised by the 2020 and 2021
NASW Delegate Assembly, which is incorporated by reference;
(i) abide by the NASW, ASWB, CSWE, and
Clinical Social Work Association (CSWA) Standards for Technology in Social Work
Practice as approved by the 2017 NASW Delegate Assembly, which is incorporated
by reference;
(j) 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;
(k) cooperate with the
Division during an investigation; and
(I) obtain a thorough working knowledge of
the Code of Ethics specifically related to a supervised individuals
professional practice;
(10) if 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; and
(11) violating:
(a) Section
R156-60a-305a regarding
supervisor experience; or
(b)
Section R156-60a-305b as a supervisor or
supervised individual.
