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, June 1, 2010 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, 2005 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) using a professional client relationship to exploit a client or other person 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 or other post degree experience without being certified as a psychology resident for post-doctoral training and experience;

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

  (22) when providing services remotely:

  (a) failing to practice according to professional standards of care in the delivery of services remotely;

  (b) failing to protect the security of electronic, confidential data and information; or

  (c) failing to appropriately store and dispose of electronic, confidential data and information.