No. 27538 (Amendment): R156-61-502. Unprofessional Conduct

DAR File No.: 27538
Filed: 11/09/2004, 01:46
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division needs to update the rule to reflect the most current editions of the American Psychological Association (APA) and Association of State and Provincial Psychology Boards (ASPPB) ethical codes.

 

Summary of the rule or change:

In Subsection R156-61-502(1), updates the APA "Ethical Principles of Psychologists and Code of Conduct" to the August 2002 edition. In Subsection R156-61-502(2), updates the ASPPB "Code of Conduct" to the June 2001 edition.

 

State statutory or constitutional authorization for this rule:

Section 58-61-101, and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

 

This rule or change incorporates by reference the following material:

Updates the following documents: APA Ethical Principles of Psychologists and Code of Conduct from the December 1992 edition to the August 2002 edition; and ASPPB Code of Conduct from the 1991 edition to the June 2001 edition

 

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs, approximately $50, to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. There is no cost associated with getting the newly updated editions of the ethical codes since both can be located on the respective association websites.

 

local governments:

The proposed amendments do not apply to local governments. Therefore, there are no anticipated cost or savings to local government.

 

other persons:

The proposed amendments will only apply to psychologists who are licensed to practice in Utah. There is no cost associated with getting the newly updated editions of the ethical codes since both can be located on the respective association websites.

 

Compliance costs for affected persons:

The proposed amendments will only apply to psychologists who are licensed to practice in Utah. There is no cost associated with getting the newly updated editions of the ethical codes since both can be located on the respective association websites.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing contains a minor technical change to reflect the newest edition of the ethical codes. Therefore, there is no fiscal impact to businesses. Klarice A. Bachman, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Debra Hendren at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/03/2005

 

This rule may become effective on:

01/04/2005

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-61. Psychologist Licensing Act Rules.

R156-61-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) violation of any provision of the "Ethical Principles of Psychologists and Code of Conduct" of the American Psychological Association (APA) as adopted by the APA, [December 1992]August 2002 edition, which is adopted and incorporated by reference;

(2) violation of any provision of the "ASPPB Code of Conduct" of the Association of State and Provincial Psychology Boards (ASPPB) as adopted by the ASPPB, [1991]June 2001 edition, which is adopted and incorporated by reference;

(3) acting as a supervisor or accepting supervision of a supervisor without complying with or ensuring the compliance with the requirements of Sections R156-61-302d and R156-61-302e;

(4) engaging in and aiding or abetting conduct or practices which are dishonest, deceptive or fraudulent;

(5) engaging in or aiding or abetting deceptive or fraudulent billing practices;

(6) failing to establish and maintain appropriate professional boundaries with a client or former client;

(7) engaging in dual or multiple relationships with a client or former client in which there is a risk of exploitation or potential harm to the client;

(8) engaging in sexual activities or sexual contact with a client with or without client consent;

(9) engaging in sexual activities or sexual contact with a former client within two years of documented termination of services;

(10) engaging in sexual activities or sexual contact at any time with a former client who is especially vulnerable or susceptible to being disadvantaged because of the client's personal history, current mental status, or any condition which could reasonably be expected to place the client at a disadvantage recognizing the power imbalance which exists or may exist between the psychologist and the client;

(11) engaging in sexual activities or sexual contact with client's relatives or other individuals with whom the client maintains a relationship when that individual is especially vulnerable or susceptible to being disadvantaged because of his personal history, current mental status, or any condition which could reasonably be expected to place that individual at a disadvantage recognizing the power imbalance which exists or may exist between the psychologist and that individual;

(12) physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact;

(13) engaging in or aiding or abetting sexual harassment or any conduct which is exploitive or abusive with respect to a student, trainee, employee, or colleague with whom the licensee has supervisory or management responsibility;

(14) failing to render impartial, objective, and informed services, recommendations or opinions with respect to custodial or parental rights, divorce, domestic relationships, adoptions, sanity, competency, mental health or any other determination concerning an individual's civil or legal rights;

(15) exploiting a client for personal gain;

(16) use of a professional client relationship to exploit a person that is known to have a personal relationship with a client for personal gain;

(17) failing to maintain appropriate client records for a period of not less than ten years from the documented termination of services to the client;

(18) failing to obtain informed consent from the client or legal guardian before taping, recording or permitting third party observations of client care or records;

(19) failure to cooperate with the Division during an investigation

(20) participating in a residency program without being certified as a psychology resident; and

(21) supervising a residency program of an individual who is not certified as a psychology resident.

 

KEY: licensing, psychologists

[June 1, 2001]2005

Notice of Continuation June 10, 2004

58-1-106(1)(a)

58-1-202(1)(a)

58-61-101