Current through Bulletin 2024-24, December 15, 2024
Under Subsection
58-60-110(2),
"unprofessional conduct" includes:
(1)
using the abbreviated title of:
(a) ACMHC
unless licensed as an associate clinical mental health counselor;
(b) ACMHCE or ACMHC-Extern unless licensed as
an associate clinical mental health counselor extern; or
(c) CMHC unless licensed as a clinical mental
health counselor;
(2)
acting as a supervisor or accepting supervision from a supervisor without
complying with or ensuring compliance with Sections
R156-60c-305a and
R156-60c-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 ACMHC or ACMHC-Extern
unless:
(i) the licensee has completed a
clinical practicum as part of a CACREP or CHEA 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
R156-60c-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; or
(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)
knowingly engaging in sexual activities or sexual contact with a client, former
client, client's relative or another individual with whom the client maintains
a relationship, if that individual is especially vulnerable or susceptible to
being disadvantaged because of personal history, current mental status, or any
condition that could reasonably be expected to place that individual at a
disadvantage recognizing the power imbalance that exists or may exist between
the counselor and that individual;
(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 American Mental Health
Counselors Association Code of Ethics, 2020 edition, which is incorporated by
reference;
(i) 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;
(j) cooperate with the
Division during an investigation;
(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
R156-60c-305a regarding
supervisor experience; or
(b)
Section R156-60c-305b as a supervisor or
supervised individual.
