R156-60b-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 R156-60b-302d and R156-60b-302e;

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

  (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 maintain professional boundaries with a client within two years after the formal termination of therapy or last professional contact, with or without client consent, including engaging in any of the following:

  (a) dual or multiple relationships; or

  (b) romantic, intimate or sexual relationship;

  (6) if engaging in any activity or relationship referenced in Subsection (5) with a client after two years following the formal termination of therapy or last professional contact, failing to demonstrate that there has been no exploitation or injury to the client or to the client's immediate family;

  (7) 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 the 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 marriage and family therapist and that individual;

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

  (9) 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;

  (10) 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;

  (11) exploiting a client for personal gain;

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

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

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

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

  (16) failure to abide by provisions 1 to 8.8 of the Code of Ethics of the American Association for Marriage and Family Therapy (AAMFT) as adopted by the AAMFT effective July 1, 2012, which is adopted and incorporated by reference.