Current through Bulletin 2024-24, December 15, 2024
Under Subsection
58-60-110(2),
"unprofessional conduct" includes:
(1)
using the abbreviated title of:
(a) ASUDC
unless licensed as an advanced substance use disorder counselor;
(b) CASUDC unless licensed as a certified
advanced substance use disorder counselor;
(c) CASUDC unless licensed as a certified
advanced substance use disorder counselor intern;
(d) CSUDCI unless licensed as a certified
substance use disorder counselor intern;
(e) CSUDC unless licensed as a substance use
disorder counselor;
(f) SUDC unless
licensed as a substance use disorder counselor;
(2) acting as a supervisor or accepting
supervision from a supervisor without complying with or ensuring compliance
with Subsection
58-60-502(10) and
Section R156-60d-302b;
(3) directing one's 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
substance use disorder treatment:
(a) as a
licensed CASUDC or CSUDC unless:
(i) the
licensee has completed a substance use disorder education program from an
accredited college or university; and
(ii) the scope of practice is within the
licensee's competency, abilities, and education;
(b) while not in compliance with Section
R156-60d-302b;
(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)
engaging in sexual activities or sexual contact with a client, former client,
or another individual with whom the client maintains a 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
NAADAC, the Association for Addiction Professionals and the NCC AP, January 1,
2021 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 Section
R156-60d-302b regarding
supervised experience.
