Utah Admin. Code 156-60c-502

Current through Bulletin No. 2024-21, November 1, 2024

Section R156-60c-502 - Unprofessional Conduct

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.

Utah Admin. Code R156-60c-502

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

Amended by Utah State Bulletin Number 2023-03, effective 1/12/2023

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