No. 28603 (Amendment): R156-60c-502. Unprofessional Conduct

DAR File No.: 28603
Filed: 04/10/2006, 09:37
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division needs to update the American Counseling Association's Code of Ethics from the 1995 edition to the 2005 edition.

 

Summary of the rule or change:

In Subsection R156-60c-502(19), the American Counseling Association's Code of Ethics is updated to the 2005 edition and also the name of the ethical standards is amended to reflect the current name.

 

State statutory or constitutional authorization for this rule:

Section 58-60-401 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

 

This rule or change incorporates by reference the following material:

Deletes the 1995 edition of the American Counseling Association's Ethical Standards and adds the 2005 edition of the American Counseling Association's Code of Ethics

 

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint the rule once the proposed amendment is made effective. Any costs incurred will be absorbed in the Division's current budget.

 

local governments:

The proposed amendment does not apply to local governments. The amendment only applies to individuals who are licensed as a professional counselor.

 

other persons:

The proposed amendment only applies to individuals who are licensed as a professional counselor. No costs or savings are anticipated as a result of this amendment since the current edition of the Code of Ethics can be obtained via the American Counseling Association's website, which is www.counseling.org.

 

Compliance costs for affected persons:

The proposed amendment only applies to individuals who are licensed as a professional counselor. No costs or savings are anticipated as a result of this amendment since the current edition of the Code of Ethics can be obtained via the American Counseling Association's website, which is www.counseling.org.

 

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. Francine A. Giani, 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:

Noel Taxin 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:

05/31/2006

 

This rule may become effective on:

06/01/2006

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-60c. Professional Counselor Licensing Act Rules.

R156-60c-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) acting as a supervisor or accepting supervision of a supervisor without complying with or ensuring the compliance with the requirements of Sections R156-60c-401 and R156-60c-402;

(2) engaging in the supervised practice of mental health therapy when not in compliance with Subsections R156-60c-302b(3) and R156-60c-402(7);

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

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

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

(6) 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;

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

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

(9) 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 professional counselor and the client;

(10) 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 professional counselor and that individual;

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

(12) 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;

(13) 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;

(14) exploiting a client for personal gain;

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

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

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

(18) failure to cooperate with the Division during an investigation; and

(19) failure to abide by the provisions of the American Counseling Association's [Ethical Standards]Code of Ethics, [1995]2005, which is adopted and incorporated by reference.

 

KEY: licensing, counselors, mental health, professional counselors

Date of Enactment or Last Substantive Amendment: [July 3, 2003]2006

Notice of Continuation: March 14, 2005

Authorizing, and Implemented or Interpreted Law: 58-60-401; 58-1-106(1)(a); 58-1-202(1)(a)