Commerce, Occupational and Professional Licensing

Rule R156-60c

Professional Counselor Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 34339
Filed: 12/30/2010 10:29:45 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Professional Counselor Licensing Board reviewed the rule and determined that changes need to be made. The current rule requires completion of four and one-half quarter hours of course work in subjects such as career development, cultural foundations, research and evaluation, and practicum. Quarter hours are rarely earned in quantities of half credits and a three semester credit hour course is substantially equivalent to a four quarter credit hour course. For this reason, the Division and Board recommend that the number of quarter hours required in these subjects be decreased from four and one-half to four. For similar reasons, the number of quarter credit hours required in individual and group therapy and internship is decreased. Because the number of quarter credit hours in these subjects decreased, the total number of quarter credit hours required in general behavioral sciences increased. S.B. 90 from the 2010 General Session of the Legislature changed the reference to the title "Certified Professional Counselor Intern" in the Professional Counselor Licensing Act to "Licensed Associate Professional Counselor". The proposed amendment updates the rule to make it consistent with the new statute. The proposed amendment allows for a licensee gathering hours of training needed to obtain the licensed professional counselor license to be licensed as either a licensed associate professional counselor or licensed associate professional counselor extern. The proposed amendment increases the number of contact hours of continuing education that a licensee can complete via distance learning, clinical readings, or internet based courses. The proposed amendment adds a "physician" as an acceptable supervisor of mental health therapy training because a physician falls under the definition of a mental health therapist established in Subsection 58-60-102(5). The proposed amendment removes the Utah Professional Counselor Law, Rules and Ethics Examination as a requirement for licensure as a licensed professional counselor because the Board and Division feel that the required passing scores on the two exams administered by the National Board for Certified Counselors sufficiently test counselors on professional ethics. In addition, professional counselors demonstrate current training in the laws, rules, and ethics in the profession when they complete not less than six contact hours of continuing education in the subject of ethics during every two year license renewal period. The proposed amendment replaces the incorporation of the American Counseling Association Code of Ethics with incorporation of the American Mental Health Counselors Association (AMHCA) Code Ethics because the AMHCA Code of Ethics is specific to the practice of a mental health counselor. The filing also capitalizes terms "division" and "board", updates statutory and rule citations, and makes stylistic changes. (DAR NOTE: S.B. 90 (2010) is found at Chapter 214, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

Capitalized "division" and "board" and updated statutory and rule citations throughout the rule. In Subsection R156-60c-102(2), the current rule requires completion of four and one-half quarter hours of course work in practicum. Quarter hours are rarely earned in quantities of half credits and a three semester credit hour course is substantially equivalent to a four quarter credit hour course. The proposed amendment decreases the number of quarter hours required in a practicum course from four and one-half to four. In Subsections R156-60c-302a(2)(e), (f), (g), (m), and (n), the current rule requires completion of four and one-half quarter hours of course work in the following subject areas: career development, cultural foundations, research and evaluation. Quarter hours are rarely earned in quantities of half credits and a three semester credit hour course is substantially equivalent to a four quarter credit hour course. The proposed amendment decreases the number of quarter hours required in career development, cultural foundations, research and evaluation from four and one-half to four. In Subsections R156-60c-302a(2)(h) and (o), the proposed amendment decreases the number of quarter hours required in individual and group therapy and internship from nine to eight quarter hours. In Subsection R156-60c-302a(2)(p), due to amendments to prior subsections, it is necessary to increase the number of quarter hours required in behavioral sciences from 25.5 to 30. Also the reference to nine quarter credit hours is changed to eight quarter credit hours. In Subsections R156-60c-302a(4) and (5), the proposed amendments replace the title "certified professional counselor intern" with "licensed associate professional counselor". Subsection R156-60c-302b(1)(b) is added to clarify the experience requirement so as to allow for both licensed associate professional counselors and licensed associate professional counselor externs to gather hours of training needed to obtain the licensed professional counselor license. Subsection R156-60c-302b(1)(c) renumbers the subsection and adds a "physician" as an acceptable supervisor of mental health therapy training because a physician falls under the definition of a mental health therapist established in Subsection 58-60-102(5). In Section 3R156-60c-02c, the proposed amendment removes the Utah Professional Counselor Law, Rules and Ethics Examination as a requirement for licensure as a licensed professional counselor. In Subsections R156-60c-304(1) and (2), updated the term "certified professional counselor" to "licensed associate professional counselor". In Subsection R156-60c-304(5)(c), the number of contact hours of continuing education completed via distance learning, clinical readings, or internet-based courses is increased from six to ten. The term "distance learning" is added to clarify the intent of the requirement. In Section R156-60c-306, the proposed amendment deletes the Utah Professional Counselor Law, Rules and Ethics Examination as a requirement for reinstatement of licensure. In Section R156-60c-401, the proposed amendment adds a "physician" as an acceptable supervisor of mental health therapy training. In Section R156-60c-402, the proposed amendments change the title "certified professional counselor intern" to "licensed associate professional counselor". The proposed amendments also allow for a licensee gathering hours of training needed to obtain the licensed professional counselor license to be licensed as either a licensed associate professional counselor or licensed associate professional counselor extern. In Section R156-60c-502, proposed amendment replaces the incorporation of the American Counseling Association Code of Ethics with incorporation of the American Mental Health Counselors Association (AMHCA) Code Ethics because the AMHCA Code of Ethics is specific to the practice of a mental health counselor.

State statutory or constitutional authorization for this rule:

• Section 58-60-401
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

• Adds American Mental Health Counselors Association Code of Ethics, published by American Mental Health Counselors Association, March 2010
• Removes American Counseling Association's Code of Ethics, published by American Counseling Association, 2005

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. If a public college or university in Utah used a quarter credit system, they would possibly see a minor loss in revenue from the decreased number of quarter hours required for career development, cultural foundations, research and evaluation, practicum, individual and group therapy, internship, and behavioral sciences. However, no public colleges or universities in Utah with professional counselor programs currently use a quarter system.

local governments:

The proposed amendments only apply to licensed professional counselors and licensed associate professional counselors and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed professional counselors and licensed associate professional counselors and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

Private colleges and universities that use a quarter credit system may see a minor loss in revenue from the decreased number of quarter hours required for career development, cultural foundations, research and evaluation, practicum, individual and group therapy, internship, and behavioral sciences. Any aggregate impact cannot be estimated by the Division. Due to the proposed amendments which decrease the number of quarter credit hours required in certain subjects, some applicants for licensure may save money they would otherwise spend in order to complete the additional quarter credit hours. However, any aggregate savings cannot be estimated. The proposed amendment which eliminates the requirement to take and pass the Utah Professional Counselor Law, Rules and Ethics Examination will save applicants a $72 examination registration fee. The Division licenses approximately 70 new professional counselors in a year for an aggregate savings of $5,040. Also allowing licensees to gather hours of training needed to obtain the professional counselor license while licensed as an extern will allow some licensees to qualify quicker for the professional counselor license. For some, this will translate into getting a new job or promotion sooner than they would under the current requirements.

Compliance costs for affected persons:

The proposed amendments only apply to licensed professional counselors and licensed associate professional counselors and applicants for licensure in those classifications. Due to the proposed amendments which decrease the number of quarter credit hours required in certain subjects, some applicants for licensure may save money they would otherwise spend in order to complete the additional quarter credit hours. However, an exact savings amount cannot be estimated due to varying circumstances. The proposed amendment which eliminates the requirement to take and pass the Utah Professional Counselor Law, Rules and Ethics Examination will save applicants a $72 examination registration fee. Also allowing licensees to gather hours of training needed to obtain the professional counselor license while licensed as an extern will allow some licensees to qualify quicker for the professional counselor license. For some, this will translate into getting a new job or promotion sooner than they would under the current requirements.

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

This filing conforms the rule to recent statutory amendments that amended definitions. It eliminates the half-credit hour reference in certain required courses, removes the requirement for an examination that is deemed duplicative, updates statutory references, increases the number of permissible hours of continuing education via clinical readings or the Internet, and makes other technical changes. No fiscal impact to businesses is anticipated beyond those addressed by recent statutory amendments. Applicants should see a cost savings as a result of the credit-hour change and elimination of the law, rules and ethics examination.

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
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

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:

02/14/2011

Interested persons may attend a public hearing regarding this rule:

• 02/07/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

02/21/2011

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-60c. Professional Counselor Licensing Act Rule.

R156-60c-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 60, as used in Title 58, Chapters 1 and 60, or this rule:

(1) "Internship" means:

(a) 900 clock hours of supervised counseling experience of which 360 hours must be in the provision of mental health therapy:

(i) in a public or private agency engaged in the clinical practice of mental health therapy as defined in Subsection 58-60-102(7); and

(ii) from a supervisor licensed as a mental health therapist as defined in Section R156-60c-401.

(2) "Practicum" means a supervised counseling experience in an appropriate setting of at least three semester or four [and 1/2] quarter hours duration for academic credit.

(3) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 60 is further defined, in accordance with Subsection 58-1-203([5]1) (e), in Section R156-60c-502.

 

R156-60c-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1) to enable the [d]Division to administer Title 58, Chapter 60, Part 4.

 

R156-60c-302a. Qualifications for Licensure - Education Requirements.

(1) Pursuant to Subsection 58-60-405(1)(d)(i), the degree and educational program which prepares one to competently engage in mental health therapy is established and clarified to be a masters or doctorate degree in Mental Health Counseling or an equivalent degree from an institution accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) or the Council for Higher Education Accreditation of the American Council on Education (CHEA), at the time the applicant obtained the education, which includes a minimum of 60 semester (90 quarter) hours of graduate studies and includes the specific course requirements as specified in Subsection (2).

(2) The core curriculum in Subsection 58-60-405(1)(d) shall consist of the following courses:

(a) a minimum of two semester or three quarter hours shall be in ethical standards, issues, behavior and decision-making based on the standards of the American Counseling Association (ACA), American Mental Health Counselors Association (AMHCA), or National Board of Certified Counselors (NBCC);

(b) a minimum of two semester or three quarter hours shall be in professional roles and functions of a mental health counselor, trends and history, professional preparation standards and credentialing;

(c) a minimum of two semester or three quarter hours shall be in individual theory and shall include several of the predominant theories, which may include humanistic, behavioral or cognitive theories of individual therapy;

(d) a minimum of two semester or three quarter hours shall be in group theory and shall include understanding of group development and multiple theories regarding group therapy;

(e) a minimum of three semester or four [and 1/2] quarter hours shall be in human growth and development across the life span, which may include:

(i) physical, social and psychosocial development;

(ii) personality development;

(iii) learning theory and cognitive development;

(iv) emotional development;

(f) a minimum of three semester or four [and 1/2] quarter hours shall be in career development;

(g) a minimum of three semester or four [and 1/2] quarter hours shall be in cultural foundations. Examples are:

(i) human diversity;

(ii) multicultural issues and trends;

(iii) gender issues;

(iv) exceptionality;

(v) disabilities; and

(vi) aging;

(h) a minimum of six semester or [nine]eight quarter hours shall be in the application of individual and group therapy and other therapeutic methods and interventions. Examples are:

(i) building, maintaining and terminating relationships;

(ii) solution-focused and brief therapy;

(iii) crisis intervention;

(iv) prevention of mental illness;

(v) treatment of specific syndromes;

(vi) case conceptualization; and

(vii) referral, supportive and follow-up services;

(i) a minimum of two semester or three quarter hours shall be in psychopathology and multi-axial diagnosis DSM classification;

(j) a minimum of two semester or three quarter hours shall be in dysfunctional behaviors. Examples are:

(i) addictions;

(ii) substance abuse;

(iii) cognitive dysfunction;

(iv) sexual dysfunction; and

(v) abuse and violence;

(k) a minimum of two semester or three quarter hours shall be in a foundation course in test and measurement theory including the theory of test development, variety of test types and introduction to several tests used in mental health assessment;

(l) a minimum of two semester or three quarter hours shall be in an advanced course in assessment of mental status including the assessment of DSM personality diagnosis;

(m) a minimum of three semester or four [and 1/2] quarter hours shall be in research and evaluation. This shall not include a thesis, dissertation, or project, but may include:

(i) statistics;

(ii) research methods, qualitative and quantitative;

(iii) use and interpretation of research data;

(iv) evaluation of client change; and

(v) program evaluation;

(n) a minimum of three semester or four [and 1/2] quarter hours of practicum as defined in Subsection R156-60c-102(2);

(o) a minimum of six semester or [nine]eight quarter hours of internship as defined in Subsection R156-60c-102(1); and

(p) a minimum of 17 semester or 25.5 quarter hours of course work in the behavioral sciences. No more than six semester or nine quarter hours of credit for thesis, dissertation or project hours shall be counted toward the required core curriculum hours in this subsection.

(3) The supplemental course work shall consist of formal graduate level work meeting the requirements of Subsections (1) and (2) in regularly offered and scheduled classes. University based directed reading courses may be approved at the discretion of the [b]Board.

(4) The following degrees do not prepare a person to competently engage in mental health therapy: Career Counseling, College Counseling, Community Counseling, Gerontological Counseling, School Counseling, Student Affairs, Rehabilitation Counseling, Music Therapy, Art Therapy, or Dance Therapy. Applicants who have one of these degrees or comparable degrees and who complete the classes which have been included in the Mental Health Counseling degree and as outlined in Subsection (1) and (2), may request the Division and the Board to consider their education as equivalent to the requirements for licensure. Upon completion of this substantially equivalent education requirement, the applicant may be granted a license as a [certified]licensed associate professional counselor [intern] under Subsection 58-60-405(2).

(5) An applicant who has met the degree requirements under Subsection (1) or (4) which prepares one to competently engage in mental health therapy, but who is deficient in one or more, but no more than three of the courses provided in Subsection (2), may be granted a temporary professional counselor license as a [certified]licensed associate professional counselor extern under Section 58-60-117. Furthermore, the deficient courses may not include ethics, psychopathology, advanced mental status, practicum, or internship.

 

R156-60c-302b. Qualifications for Licensure - Experience Requirements.

(1) The professional counselor and mental health therapy training qualifying an applicant for licensure as a professional counselor under Subsections 58-60-405(1)(e) and (f) shall:

(a) be completed in not less than two years;

(b) be completed while the applicant is licensed as a licensed associate professional counselor or licensed associate professional counselor extern;

([b]c) be completed while the applicant is an employee, as defined in Subsection R156-60-102(3), of a public or private agency engaged in mental health therapy under the supervision of a qualified professional counselor, psychiatrist, psychologist, clinical social worker, registered psychiatric mental health nurse specialist, physician, or marriage and family therapist; and

(c) be completed under a program of supervision by a mental health therapist meeting the requirements under Sections R156-60c-401 and R156-60c-402.

(2) An applicant for licensure as a professional counselor, who is not seeking licensure by endorsement based upon licensure in another jurisdiction, who has completed all or part of the professional counselor and mental health therapy training requirements under Subsection (1) outside the state may receive credit for that training completed outside of the state if it is demonstrated by the applicant that the training completed outside the state is equivalent to and in all respects meets the requirements for training under Subsections 58-60-405(1)(e) and (f), and Subsections R156-60c-302b(1). The applicant shall have the burden of demonstrating by evidence satisfactory to the [d]Division and [b]Board that the training completed outside the state is equivalent to and in all respects meets the requirements under this Subsection.

 

R156-60c-302c. Qualifications for Licensure - Examination Requirements.

(1) Under Subsection 58-60-405(1)(g), an applicant for licensure as a professional counselor must pass the following examinations:

(a) [the Utah Professional Counselor Law, Rules and Ethics Examination;

(b)] the National Counseling Examination of the National Board for Certified Counselors; and

([c]b) the National Clinical Mental Health Counseling Examination of the National Board of Certified Counselors.

 

R156-60c-304. Continuing Education.

(1) There is hereby established a continuing education requirement for all individuals licensed under Title 58, Chapter 60, Part 4, as a professional counselor and [certified]licensed associate professional counselor[ intern].

(2) During each two year period commencing September 30th of each even numbered year, a professional counselor or [certified]licensed associate professional counselor [intern] shall be required to complete not [less]fewer than 40 hours of continuing education directly related to the licensee's professional practice of which a minimum of six hours must be completed in ethics/law.

(3) The required number of hours of continuing education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(4) Continuing education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience to provide continuing education regarding mental health therapy professional counseling; and

(c) have a method of verification of attendance and completion.

(5) Credit for continuing education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for continuing education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;

(b) a maximum of 10 hours per two year period may be recognized for teaching in a college or university, teaching qualified continuing education courses in the field of mental health therapy professional counseling, or supervision of an individual completing his experience requirement for licensure in a mental health therapist license classification; and

(c) a maximum of [six]10 hours per two year period may be recognized for distance learning, clinical readings , or internet-based courses directly related to practice as a mental health therapist or professional counselor.

(6) A licensee shall be responsible for maintaining competent records of completed continuing professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to continuing education to demonstrate it meets the requirements under this section.

(7) A licensee who documents he is engaged in full-time activities or is subjected to circumstances which prevent that licensee from meeting the continuing education requirements established under this Section may be excused from the requirement for a period of up to three years. However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.

 

R156-60c-306. License Reinstatement - Requirements.

In addition to the requirements established in Section R156-1-308e, an applicant for reinstatement of his license after two years following expiration of that license shall be required to meet the following reinstatement requirements:

(1) if deemed necessary, meet with the [b]Board for the purpose of evaluating the applicant's current ability to engage safely and competently in practice as a professional counselor and to make a determination of any additional education, experience or examination requirements which will be required before reinstatement;

(2) upon the recommendation of the [b]Board, establish a plan of supervision under an approved supervisor which may include up to 4,000 hours of professional counselor and mental health therapy training as a professional counselor-temporary;

(3) [pass the Utah Professional Counselor Law, Rules and Ethics Examination;

(4)] pass the National Counseling Examination of the National Board for Certified Counselors if it is determined by the [b]Board that current taking and passing of the examination is necessary to demonstrate the applicant's ability to engage safely and competently in practice as a professional counselor;

([5]4) pass the National Clinical Mental Health Counseling Examination if it is determined by the [b]Board that current taking and passing of the examination is necessary to demonstrate the applicant's ability to engage safely and competently in practice as a professional counselor; and

([6]5) complete a minimum of 40 hours of professional education in subjects determined by the [b]Board as necessary to ensure the applicant's ability to engage safely and competently in practice as a professional counselor.

 

R156-60c-401. Requirements to be Qualified as a Professional Counselor Training Supervisor and Mental Health Therapist Training Supervisor.

In accordance with Subsections 58-60-405(1)(e) and (f), in order for an individual to be qualified as a professional counselor training supervisor or mental health therapist trainer, the individual shall have the following qualifications:

(1) be currently licensed in good standing in a profession set forth for a supervisor under Subsection 58-60-405(1)(e) in the state in which the supervised training is being performed;

(2) have engaged in lawful practice of mental health therapy as a physician, professional counselor, psychiatrist, psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or marriage and family therapist for not [less]fewer than 4,000 hours in a period of not less than two years prior to beginning supervision activities; and

(3) be employed by or have a contract with the mental health agency that employs the supervisee, but not be employed by the supervisee, nor be employed by an agency owned in total or in part by the supervisee, or in which the supervisee has any controlling interest.

 

R156-60c-402. Duties and Responsibilities of a Supervisor of Professional Counselor and Mental Health Therapy Training.

The duties and responsibilities of a licensee providing supervision to an individual completing supervised professional counselor and mental health therapy training requirements for licensure as a professional counselor are to:

(1) be professionally responsible for the acts and practices of the supervisee which are a part of the required supervised training;

(2) be engaged in a relationship with the supervisee in which the supervisor is independent from control by the supervisee and in which the ability of the supervisor to supervise and direct the practice of the supervisee is not compromised;

(3) be available for advice, consultation, and direction consistent with the standards and ethics of the profession and the requirements suggested by the total circumstances including the supervisee's level of training, diagnosis of patients, and other factors known to the supervisee and supervisor;

(4) provide periodic review of the client records assigned to the supervisee;

(5) comply with the confidentiality requirements of Section 58-60-114;

(6) monitor the performance of the supervisee for compliance with laws, standards, and ethics applicable to the practice of professional counseling and report violations to the [d]Division;

(7) supervise only a supervisee who is an employee of a public or private mental health agency;

(8) submit appropriate documentation to the [d]Division with respect to all work completed by the supervisee evidencing the performance of the supervisee during the period of supervised professional counselor and mental health therapy training, including the supervisor's evaluation of the supervisee's competence in the practice of professional counseling and mental health therapy;

(9) supervise not more than three supervisees at any given time unless approved by the [b]Board and [d]Division; and

(10) assure each supervisee is licensed as a [certified]licensed associate professional counselor [intern] or licensed associate professional counselor extern prior to beginning the supervised training of the supervisee as required under Subsection 58-60-405(1)(e) and (f).

 

R156-60c-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) acting as a supervisor or accepting supervision duties 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]401(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) engaging in 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) using 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) failing to cooperate with the Division during an investigation; and

(19) failing to abide by the provisions of the American [Counseling Association's]Mental Health Counselors Association Code of Ethics, [2005]last amended March 2010, which is adopted and incorporated by reference.

 

KEY: licensing, counselors, mental health, professional counselors

Date of Enactment or Last Substantive Amendment: [August 11, 2009]2011

Notice of Continuation: January 7, 2010

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