(1) using one of the following abbreviated titles without the required licensure:
- (a) ACMHC;
- (b) ACMHC-Extern;
- (c) AMAC;
- (d) AMFT;
- (e) AMFT-Extern;
- (f) ASUDC;
- (g) BHC unless licensed has a behavioral health coach;
(h) CMHC;
- (i) CSW;
- (j) LCSW;
(k) MAC;
- (l) MFT;
- (m) SSW; or
- (n) SUDC;
- (2) acting as a supervisor or accepting supervision from a supervisor without complying with or ensuring compliance with Subsections 58-60-102(3), (4), and (7) through (10), and Sections R156-60e-307.1, R156-60e-308.1, and R156-60e-309.1;
- (3) directing one's clinical supervisor to engage in a practice that would violate any statute, rule, or generally accepted professional or ethical standard of the supervisor's profession;
- (4) directing a supervised individual to engage in a practice that would violate any statute, rule, or generally accepted professional or ethical standard of the supervised individual's profession;
- (5) providing supervision without current and valid status as a Division-approved clinical supervisor;
(6) engaging in, aiding, or abetting:
- (a) conduct or a practice that is dishonest, deceptive, or fraudulent;
- (b) deceptive or fraudulent billing practices;
- (c) sexual harassment or any conduct that is exploitive or abusive concerning a student, trainee, employee, or colleague with whom the licensed individual has supervisory or management responsibility; or
- (d) physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact;
- (7) engaging in a dual relationship or multiple relationships with a client or former client in violation of the standards set by the licensee's professional code of ethics as established in this rule;
- (8) knowingly engaging in a sexual activity or sexual contact with a client's relative or another individual with whom the client maintains a relationship in violation of the standards set by the licensee's professional code of ethics as established in this rule;
(9) exploiting one of the following for personal gain:
- (a) a client;
- (b) a former client; or
- (c) an individual who has a personal relationship with a client;
(10) failing to:
- (a) establish and maintain professional boundaries with a client or former client;
- (b) exercise professional discretion and impartial judgment required for the performance of professional activities, duties, and functions;
(c) provide impartial, objective, and informed services, recommendations, or opinions concerning:
- (i) custodial or parental rights;
- (ii) divorce;
- (iii) domestic relationships;
- (iv) adoption;
- (v) mental competency;
- (vi) mental health; or
- (vii) another determination concerning an individual's civil or legal rights;
- (d) maintain client records including records of assessment, treatment, progress notes, and billing information, for at least ten years from the documented termination of services to the client;
- (e) provide client records in a reasonable time upon written request of the client or the client's legal guardian;
- (f) obtain informed consent from the client or the client's legal guardian before recording or permitting a third-party observation of a client's activities or records;
- (g) protect the confidences of an individual named or identified in the client records;
(h) follow the Model Standards of Practice for Child Custody Evaluation of the Association of Family and Conciliation Courts (AFCC) May 2006, which is incorporated by reference;
- (i) cooperate with the Division during an investigation;
- (j) obtain a thorough working knowledge of the Code of Ethics specifically related to the licensed individual's professional practice;
(k) as a supervisor, obtain a thorough working knowledge of the Code of Ethics specifically related to any supervised individual's professional practice; or
- (l) provide notification as required under Subsection 58-60-110(1)(e) on each agency or practitioner website or provide notification by paper or electronic document to each individual receiving mental health services;
(11) when providing services remotely, failing to:
- (a) practice according to professional standards of care in the delivery of services;
- (b) protect the security of electronic confidential data and information; or
- (c) appropriately store and dispose of electronic confidential data and information; or
(12) violating:
- (a) Section R156-60e-307.1 regarding the clinical supervision contract;
- (b) Section R156-60e-308.1 as a clinical supervisor; or
- (c) Section R156-60e-309.1 as a supervised individual.
Under Subsection 58-60-110(2), "unprofessional conduct" includes:
KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58-60-501