1. "Unprofessional conduct" includes:

   1. (1) failing to immediately terminate an examination upon request of the examinee;
   2. (2) failing to conduct pretest interview with the examinee where each question is reviewed word for word before conducting the examination;
   3. (3) attempting to determine truth or deception on a matter or issue not discussed with the examinee during the pretest review;

   4. (4) basing any decision concerning truthfulness or deception upon data that fails to meet the following minimum standards:

      1. (a) three repetitions of relevant questions for a pre-employment examination;
      2. (b) three repetitions of relevant questions for a screening examination that is followed by a specific-issue examination or a single-issue examination;
      3. (c) three repetitions of each question on a directed lie screening examination; or
      4. (d) at least three repetitions of relevant questions for all other exams;
   5. (5) conducting an examination if the examinee is not physically present and aware that an examination is being conducted;

   6. (6) using a polygraph instrument that does not record the following as a minimum:

      1. (a) respiration patterns recorded by two pneumograph components that record thoracic and abdominal patterns;
      2. (b) electro dermal activity reflecting relative changes in the conductance or resistance of current by the epidermal tissue;
      3. (c) relative changes in pulse rate, pulse amplitude, and relative blood volume by use of a cardiograph; and
      4. (d) seat activity sensor to detect movement;

   7. (7) in a 24-hour period, conducting more than:

      1. (a) four diagnostic or three evidentiary examinations; or
      2. (b) five examinations of any type;

   8. (8) failing to meet the minimum required examination duration time while conducting an examination including:

      1. (a) concealed information examination for less than 30 minutes;
      2. (b) pre-employment examination for less than 60 minutes; or
      3. (c) any other type of examination for less than 90 minutes;

   9. (9)(a) failing to create and maintain an audio and video recording for each examination; or

      1. (b) failing to inform the examinee before the examination of the audio and video recording;
   10. (10) during a pre-employment pretest interview or an examination, asking any question concerning the subject's sexual attitude, political belief, union sympathy, or religious belief without good cause;

   11. (11) conducting an examination on an individual who is:

       1. (a) under the influence of alcohol or drugs; or
       2. (b) under the age of 18 without written permission from the individual's parent or guardian;
   12. (12) failing to provide at least 20 seconds between the beginning of one question and the beginning of the next question;

   13. (13) failing to exclude an individual that is determined to be unsuitable, as evidenced by one of the following:

       1. (a) acute or active psychosis;
       2. (b) unmanaged hallucinations or delusional thinking;
       3. (c) ongoing panic attack;
       4. (d) severe illness;
       5. (e) severe pain; or
       6. (f) a severe or profound intellectual disability that would potentially interfere with the examination process;
   14. (14) failing to obtain a release from the individual being examined or a physician's statement if there is any reasonable doubt concerning the individual's ability to safely undergo an examination;
   15. (15) failing to use a numerical scoring system in each deception detection examination;
   16. (16) failing to create and maintain a deception detection case file as defined in Subsection R156-64-102(6) for each examination administered;
   17. (17) expressing a bias in any manner regarding the truthfulness of the examinee before the completion of any testing;
   18. (18) conducting a clinical polygraph examination of a sex offender as defined in Subsection 77-27-21.7(1)(d) without holding a current certification from the American Polygraph Association for post-conviction sex offender testing (PCSOT);

   19. (19) failing to conform to the generally accepted and recognized standards and ethics of the profession including:

       1. (a) the American Polygraph Association Code of Ethics dated September 4, 2021, which is incorporated by reference; and
       2. (b) the American Polygraph Association Standards of Practice dated August 25, 2023, which is incorporated by reference with the amendment that records of each examination shall be maintained for at least three years.

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern

Date of Last Change: July 8, 2025

Notice of Continuation: January 3, 2022

Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)