Utah Admin. Code 156-60a-502

Current through Bulletin 2024-20, October 15, 2024

Section R156-60a-502 - Unprofessional Conduct

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.

Utah Admin. Code R156-60a-502

Amended by Utah State Bulletin Number 2020-22, effective 11/10/2020

Amended by Utah State Bulletin Number 2023-02, effective 1/3/2023

Amended by Utah State Bulletin Number 2024-03, effective 1/25/2024